Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1916-08-04
BOYD GETS SENTENCE
Fine Of $500 and Four Months in
House of Correction
Case Will Go to Supreme Court
Boyd's Father Surety for Bail in
Sum of $1,000.

was thrown in the West River bridge
July 3 after q collision with the bridge
and with n carriage in which Mrs
Henry Gilfeather and Mrs. j. G. New
ton were riding, was sentenced Wed
nesday in the municipal court by
Judge Frank Il. Barber to pay a fine
of 5000 and costs of prosecution and
to serve not less than four nor more
than six months in the house of cor
rection.
Attorney Harrie b. Chase, counsel
for Boyd will take the case to the SUI
preme court on exceptions, which arc
to be filed July -. Bail was fixed at
81 900 and was furnished by the father
of the respondent.
Arguments were made that morning
ON the motion for an arrest of judg-
ment in the case, which was denied.
Mr.. Chase argued for fine and proba-
ton sentence and States Attorney o.
b. Hughes for a sentence that would
make it plain to other drivers of auto
mobiles that reckless driving would not
be tolerated.
Judge Barber, in pronouncing SON
tence, said that it was a very unpleas-
ant duty, as he knew the respondent s
with his brothers, but that he felt
that he would not be doing his duty if
he did not impose a severe penalty. lie
said that the respondent was 90 years
old and had had trouble before while
driving an automobile and that it was
made plain in the trial of the case
Monday that he was driving an auto
mobile after having INDUCED in liquor.
After imposing the sentence he re-
fused to. suspend the Jail sentence, al
though requested by Mr.. Chase to sus
pend it, and Mr.. Chase took the follow
ing exceptions in addition to those he
took during the trial:
"That the sentence is excessive and
beyond the jurisdiction of the NUM-
cipal court to impose and that it is in
excess of the maximum penalty imposed
by the Public Statutes as punishment
for the crime for which Judgment had
been rendered.
y The case was tried under the com
plant of breach Of the peace instead
of under the statute relating to the
driving Of automobiles. Under the lat
ter the maximum penalty is a fine,
while under the breach of the peace
charge the maximum penalty is five
years.
The trial by jury of Harry Boyd,
charged with disturbing the peace by
driving an automobile July in such
manner as to brighten several people
and injure others, was held Monday
before Judge Frank +. Barber in the
municipal court.
Boyd was driving an automobile July
3, which collided with the covered
highway bridge over the West river,
into D. carriage in which were
riding Mrs. j. G. Newton and Mrs.
Henry Gilfeather and knocked down
Nelson Derby. Mrs. w. NJ. Randall,
one of the three occupants of the au-
tomobile, was thrown or fell from it
in the bridge and was seriously injured.
The first witness was Miss Edith
Walker, one of the three who were rid
ing in the machine at the time of the
accident She testified that they had
been to Bernardston and that Boyd
drank only one glass of whiskey. She
did not see him drink anything else.
She was questioned at length regard
ing her testimony at the inquest, but
denied that her story then had been
different that it was this morning.
She testified about the trip home and
that the machine first hit the inside
of the bridge, caromed against the
carriage and later hit Nelson Derby,
who was walking through the bridge,
Benjamin A. Crown, a photographer,
testified as to some pictures taken by
him July of that part of the bridge
where the machine struck the bridge
Police Chief George Wilson testified
to visiting the scene of the accident
soon after it was reported and identi-
fed piece of two-by -four upright
that he had found on the floor of the
bridge as one that had been broken
off
f. R. Thomas, at whose house Boyd
and Miss Walker telephoned for
physicians and other aid, testified that
he smelled liquor on Boyd's breath,
but that when the respondent got out
of the machine and walked around to
crank it, he would not have thought
from his actions that he was intoxi.
Gated He testified that the bridge is
215 feet long and that the accident
happened 40 feet inside from the
southern end of the bridge.
Mrs. Gilfeather testified that she
and Mrs. Newton were driving towards
Brattleboro in the bridge on their
right hand side when the machine en-
tered "like lightning" struck the
right hand side of the bridge, hit the
rear wheel of their carriage, spring
ing the axle and doing other damage.
Their horse ran nearly to the top of
the hill before they succeeded in stop
ping it. She went back into the bridge
and found Mrs. Randall lying on the
floor, bleeding and unconscious. She
denied that there was another automo
bile in the bridge. Mrs. Newton cor.
roborated the story of Mrs. Gilfeather
Alonzo Wheelock, employed on the
Frederick Holbrook farm, testified that
he was driving north from Brattleboro
and when at the top of the hill about
1900 yards before reaching the bridge
an automobile containing three people
whom he did not know at the time
passed him. He said that the machine
was travelling at 40 miles an hour. A
few seconds later he heard a crash and
screams. When he got to the scene he
recognized Boyd and identified Miss
Walker as another of the party.
When the afternoon session of court
opened DR.. G. r. Aldrich testified fol-
the state that he was at the hospita
when Boyd and Miss Walker drove VI