The Barre daily times. (Barre, Vt.) 1897-1959, 1916-05-24
WYONE NOT GUILTY
OF ARSON CHARGE
Jury Brought in Verdict That He Did
Not Set Fire to the Barn of Charles
H. Smith in East Moretown
Last Fall

1 In Washington county court at Mont
pelier to-day the jury returned verdict
of not guilty in the case of State VS.
Charles Wyone, who was charged with
arson in setting fire to the barn oi
Charles Fl. Smith in East Moretown last
fall. The case has been on trial several
days, the arguments being made this
forenoon, followed by the judges charge
| to the jury. The case was given 10 the
jury shortly after u o'clock. and the
verdict was reported at o'clock
The state claimed that the alleged act
was the result of quarrel between the
respondent and the Smiths and that re.
venge was the motive which prompted
Wyone to commit the felonious act. Wit
nesses were placed on the stand to show
that Wyone had boasted that he would
get even and that when the buildings
were burning the respondent had called
attention of Mr.. Barteaux, with whom he
resided, that revenge is sweet.
The respondent was on the stand yes
terdsy afternoon and this forenoon and
contradicted the evidence of Barteaux in
regard to statements made. Wyone as
serted that he went to Montpelier the
day preceding the fire, that he purchased
pint of whiskey on Barre street and
drank half of the liquor on his return
journey. The whiskey made him i'll. He
said when he noticed the fire that he
called to Barteaux and the latter said taI
let the buildings burn.
The defense offered was to the effect
that damp rowen placed in the barn on
Oct. was the probable cause of the fire.
Robert Cook and his wife told of visiting
the Smiths the morning following the fire
to carry provisions and testified that
Mrs. Smith had told them that il was her
belief that the fire was caused by the
heated rowen, also that man named
Macy was in the barn at 10 o'clock |
smoking a pipe.
Mr. Cook admitted on cross examina-
tion that Smith had worked for him once
and over charged him for his labor but /
he harbored no i'll feeling toward Smith 1
because of that disagreement. Mrs. Cook /
also admitted that she had once pur-
chased a pig from the Smiths and that
the pig was a poor one but that unsat-
isfactory trade did not cause her to feel
any dislike for the Smiths.
John Smith and his wife. two other
witnesses for the respondent, told of be-
ing at the Smith farm when the rowen
was put in the barn and the former tes-
tified to having told his cousin. Osborn
smith, that it was dangerous to have the
lamp rowen in the barn. On Oct. S John
smith again visited his uncle's farm and
lis attention was attracted BY the con
iition OF the rowen, causing him 20 in
'estigate. He said the rowen was hot
md white and he advised his cousin TO
-emove the rowen TO another place or
he barn would burn. His advice was =
lot taken and II days later the barn was
lurned.
In his opening argument the states at {
orney called attention to the testimony {
4 John Smith. relating 10 the dangerous Z
ondition Of the rowen on Oct. 5 but the :
Ire did not occur until nearly two weeks j
fter that date. In rebuttal Mrs Charles
.mith denied that she had told the Cooks q
hat the rowen probably caused the firs T
r that she had said that Macy was in {
be barn at 10 O'Clock that night.