The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1913-11-08


Monday afternoon at O'Clock.
Foster was placed on the stand at /
235 o'clock and with the exception Of |
the usual 15-minute recess he was on |
the stand until 4.25, being the last |
witness of the day. Replying to ques
tions bv Attorney Jones, he said he was |
80 years old, was one of a family Of
six children, five brothers and sister, |
and that his mother lived in Benning
ton. He completed four years
course in Troy Conference academy,
sold books eight or 10 years, his work
taking him all over New England, and
settled in Halifax six years ago, the
location appealing to him as he went
through the place in the course of his
/ business. Ills nearest nelghbor then
was Elias Prouty, grandfather Of Os-
| sic Proutv, and he was friendly with
! the family. Elias Prouty died about
| two years later
.sOssie Proutv came about a year
after ] did > witness said, "and for
wear or more we were friendly, but
after I ceased getting milk there Ossie
was unpleasant and we did not have
| many feIatlonS With edch olhcf "1ICi-
ward.
Asked as to trouble with Prouty, he
said the first he could recall was when
Proutv shot COW in his pasture, own
ed by Frank Chase He demonstrated
with Prouty, and the latter said, ac
cording to Foster: = Prouty said if
Frank Chase or | molested him he
would smash our heads. ~
a. o,o+bar oooocion IN ba com
planned to State s Attorney Williams
about Prouty's treatment of cow
and was a witness before the grand
Jury III that case - Afterward' = he
continued. Proutv said if l testified
against him he would smash my
head. Foster was a member of the
humane society.
subsequently Foster entered COM
plant with State Attorney F. +.
Barber. with others. against Proutv
and two others in a deer case. For
that. he said, Prouty expressed IN I'M
tense i'll will against him and on meet
ing him in the road asked him if he
was smelling after deer and added:
You N find it viii be q d. dear
piece of business before vou get
through " Proutv often hurled epi-
thets at him, witness testified. while
passing the house and while working
in the field.
Foster testified that numerous per
sons had told him of herring Prouty
threaten his life When asked to name
them he said they were Hosea Fisher.
Mrs Mabel Cumming, Archie Phelps.
Walter Nichols, Charles Lynde. Mer-
licN Fisher. Ora Fisher. Richard Brown
and others. These threats, he said, put
him in fear Of bodily harm at the
hands OF Prouty. Charles Lynde once
, called his attention to 4 report that
! someone was going to tar and feather
! him.
The respondent first saw Prouty. on
: the dav of the shooting. in the field
, in the forenoon Prouty swung his
y hat ana made some remarks. He pass
ed the house about 3 clock going
I westward. Foster said he was then
) repairing harway near the barn and
! that Proutv stopped and called hin
Il names. u asked him to stop insulting
y me. Foster said ''This has gone
= on for three years and l shall take II
E up with State s Attorney Piper.
I Witness said Proutv then dropped
his reins and jumped down on th'
II wagon pole. Foster said he went int
I the house leaving Prouty calling hin
I names.
T Foster said he next saw Prout'
. about 6 o'clock He said he had beer
picking apples and drawing up pota
. toes from the field back of the barn
! While carving the second bag o
= apples into the cellar he heard team
- coming up tho road lie said he "a
/ down on q bag in the cellar to wal
y for the team to 90 past, feeling sur
- that II was Prouty The rattle OF tn
y wagon stopped. he said, and led him I
~ think that Prouty had passed the hous
~ and he then came up out Of the cellal
y saw the team standing in the road an
heard Prouty speak, saying, How ar
- YOU, vou pink whiskered
~ Foster said that he, the witness
a. continued westward, away from th
70 rear of Proutv's 5 wagon, towards Tn
WI place beside the road where he ma
II left the rest Of his apples. tostt
s said he again referred to the insult
81 and that he would take the matter U
= with Mr.. Piper, whereupon Prouty, WI
= was standing in the front end OF n
~ wagon, started towards the rear en-
- II then started towards the house,
Is Foster said, "and Prouty jumped {
" a. the lawn and sprung at me, catchI
~, ~ me by the right wrist. | struggled
nc nc get away and he hit me in the le
- eve.
=, The witness said Prouty said to hln
~ ~ ~ have been looking for this oppo
.so tunity for three years and now,
We you III kill you The witne
%, said he reached for his revolver al
{. an showed it to Proutv whereupon Prou
-ne said: Il ain t afraid of your --
- revolver. ! Foster said he took t
revolver from his left front pocket a.
aS held it in his left hand. He said
ne shot three times. He said he fred t
. first shot low to frghten Prouty, W
81 81 was yanking him towards the rof
eye The second shot he fired under t
.Wo arm on the other side also for the ~
OIL z ! =. L,