Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-11-15
W00-WlA7 IS SET FIR
Grand Jury Finds No bill against boy
Who Claimed He Killed Young
Wells Accidentally.

ST. Adams, Nov. 1.-THE grand Jury
summoned for yesterday morning in
Franklin county court to investigate
the death by shooting of Harry Wells
OF Enosburg, 11-year- son of Henry
Wells. by Clyde Woodward. aged II,
October II last, reported late in the
afternoon no bill found. The boy was
released from the county Jail, where
he has been held pending the result
of the investigation and went to the
home of his father, Joseph Woodward,
in this city.
When court convened at 11I0
o'clock. after n recess Of several weeks.
10 Of the men summoned for the grand
jury reported for duty. Five were dis
qualified or had been excused. Five
talesmen had been called. Chief Judge
r. L. Waterman of Brattleboro pre-
sided at the opening Of the court and
Assistant Judges F.. w. Foster Of this
city and c. A. Gardyne Of Montgomery
were prs sent also.
Judge Waterman charged the jury
men that they were to take such evil
dence as was presented to them by
the State only and decide whether an
indictment should be returned to the
court. Certain crimes may be pre-
by the States attorney or attorney
general. but for the highest crimes a
respondent cannot be placed on trial
except on an indictment by the grand
jury. The jurymen should be con-
WINGED that the evidence produced
would make a clear prima facie case
on trial before the petit jury. Murder
Judge Waterman defined as killing
with malice aforethought; manslaugli-
ter killing without malice afore-
thought. Manslaughter has been de-
defined as felonious killing without
malice aforethought. 1t may be either
voluntary or involuntary. depending on
whether the killing Is Intentional or
unintentional Sometimes 1t Is done In
an ARRAY or fight. Causing the death
of another by the negligent use OF
dangerous weapons may be man.
slaughter. II they are used in reck-
less manner the person would be
guilty although there was no intent
to take life. Another class or division
Of this offence. manslaughter. is where
there is no actual elaboration or pre-
meditation to take life. but where a
person acts so carelessly that person
loses his life. This is called criminal
negligence. but the facts must show
gross carelessness or disregard of the
safety of human life. II homicide
results from mere accident 1t Is not a
crime.
At 11.35 o'clock the jury retired to
the petit jury room to consider the
case.
The personnel Of the jury was as fol-
lows: John Kearney Of st. Adams city,
foreman: Harlow Graves OF Sheldon,
H, b. Bellows Of Fairfax, ]. F. Ballard
of Georgia, H. H. Comings of Richford.
]. F. Hale of Fairfield, L. F. Sloane Of
Fletcher. Charles Hope of Montgomery.
C. A. Bowen of Berkshire, G. d. Ballard
of Georgia. J. H. Cutting of Bakersfield,
F. A. Lsfley Of Enosburg, Lewis Raymond
of Highgate, A. T. Holmes, Isaac Chase,
Lucius A. Curtis, Theodore S. Houghton
and Sewall A. Bell Of ST. Adams city.
Harry Wells was killed at his home In
EnosbuIg the morning of October II, II
is alleged. by Clyde Woodward Harrys
father and brother. George. had left for
work a short time before. Clyde claimed
that the shooting was accidentally done
while he and Harry were playing When
he found that his little companion was
dead he buried the body, hid the revolver
with which the shooting was done and
concealed other evidences of what had
happened. Then he told neighbors that
Harry was lost. Late that afternoon
he confessed that Harry was dead, saying
that after he found he had killed him
he was frightened and his only thought
was to get the body out Of the way. He
was arrAsted and brought to the county
Jail.