The Barre daily times. (Barre, Vt.) 1897-1959, 1915-11-13
Opens It's Case in Rabidou
Manslaughter Trial in
County Court
STATE RESTED CASE
THIS FORENOON
Court Took Recess Until
Monday Afternoon at
2 O'clock

The state rested at 9:45 o'clock this
forenoon in the trial of j. r. Rabidou Of
! Mortified, charged with manslaughter
following the testimony Of Harold
tO'Brien, an employe Of the Capital GA
Irage, Montpelier, where the Rabidou car
was taken after it struck and killed G..
N. French of Stowe last April "a.
/ Mr.. 0'Brien substantiated the state
ments of other witnesses that he had
Idriyen the car to the garage from its
lposition near the states attorneys Of
flee an hour or so after the accident and
he told of finding wedged in between the
bent mudguard and hood felt hat and
a cap which had previously been identi-
| fled as belonging to the French brothers.
He told OF seeing O. w Hills, the photog-
rapher, taking pictures of the car few
days after the accident at the garage,
but on cross-examination was unable to
say that the pictures exhibited as evil
dence were the ones taken at that time.
The jury was excused following the
finish OF the states presentation of evil
dence and the counsel on both sides ad
journed to the judges room, where mo-
tions were heard.
The witness for the defense to-day
was former City Engineer johnson of
Montpelier, now OF Northfield, who pre-
sented maps, drawings, etcy and testified
as TO locations at the place where
French was killed. His testimony was of
a technical nature and will have a bear |
ing in relation to similar maps and |
measurements presented by the prosecu- |
tion. The cross. ss.eyamination of witness
johnson had not been quite concluded
when court took recess until Monday /
afternoon at 2 o'clock.
Yesterday afternoon J. J. Dillon, the
continued his testimony com
menced in the morning. He was asked by
the states attorney whether as an ex-
pert he had any opinion that the damage
to the machine was made by an impact
with great or small force against some
object and replied in the Affirmative.
His opinion was then asked but counsel
for the defense objected and his answer
was not taken, as he stated he had never
seen any car after it had struck an ami
nal or man.
On ross-examination the witness said
hat the emergency brake on the car aft q.
n it was placed in the garage had 10 be
leld as IL refused to catch and hold, as
5 usually the case, but that the refusal
II the brake 10 hold in place would not
Interfere with the efficiency of the brake.
Mrs. Rabidou, wife of the respondent,
estified briefly that she was married to
he respondent July IL, 1905 and that
he respondent was not with her at their i
iome between the hours of q and II !.
'clock on the evening Of April "a. No !,
uestions were asked by the counsel for I
he defense. /.
DIR. r. ]. Fitzgerald Of Montpelier, who i
urchased the Rabidou car some two
Months after the accident, was the next :,
illness called. He was asked what was
he longest trip he ever took in the car :,
nd commenced to tell Of a trip through :,
be White mountains, naming the places
trough which he passed. when he was +,
Interrupted by the states attorney. The =,
ig crowd Of spectators in the court "a
pom was considerably amused when the
illness said he was naming the places ~
ith the expectation that the questioner
,uld figure the mileage, as be was un- y
BE TO do so.
The witness said the fastest he had y
'er driven the car was 30 miles an hour =,
Il that be had been in the car when he :.
new i was going slightly over 40 miles -
! hour. The car responded promptly
I'd quickly attained high rate Of
leed
lie told Of lending the car 10 a party
persons, including Attorneys Plumley f'
"a White and Mr.. Rabidou and a Mr.
The states attorney asked DIR. Fitz. \,
raid II he had been requested 10 notify ~
= attorney general or himself lMf. :,
easonl at any time he lent tie use Of a..
r car 20 any party and the witaess re- AZ
led such q request had been. He had =
1 informed the Representatives Of the IL,
v when b. had allowed the above y,
med party 70 take the car.
CITY Clerk and Treasurer T. ". Merrill A..
Is The FINAL witness Of the afternoon -.
3 BE- told of the boundary Hmits Of ~
: clty 0f Montpelier. He said the =.
no - the accident. a. described On
% exhibited vas uithin TIE city lin J..
/. A certified copy Of the rots taken -.
tire oity b establish highway in THE -.
q - Montpelier Hf the poiut near the -.
barn where there nov erists high -
8 was received as etidpnen after nnun- -.
for the defense had raisad objections. -
p attorney general explained Il vas = =
purrsoss ~ the state 20 shga that The -.
aiitv hsd eocurrsd On . E.utiie hirh
q pithin the limits 81 the eftt 81
Htpsiisr and ngt oh private property.