The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1918-09-09
Hearing on Charge of As
sault with Intent
to Kill
WEST UNABLE TO
BE PRESENT TO-DAY
Respondent Claims He Acted in Self
Defense-Witnesses Tell Details of
Fracas in West Dover on Sunday,
September 1.

Much of the forenoon today in the
municipal court was taken up in a pre-
liminary hearing before Judge A. T. Cud-
worth in the case of the state against
Frank Boyle of West Dover, charged
with assaulting Fred West of that place,
his brother law, with dangerous
weapon with the intent to kill. States
Attorney W. r. Daley appeared for the
state and Attorney A. V. ID. Piper for
the respondent, who claims he acted in
self defense
The question was whether there was
sufficient evidence for holding Boyle for
the Windham county court, and after the
examination of witnesses Judge Cud-
worth bound the respondent over to coun
ty court, fixing bail at 81 900, which
Boyle furnished, Abbott Edwards of
Newfane becoming surety.
Boyle is AZ years old and West is 81
and of somewhat stouter build. The
fracas occurred Sunday, Sept. /, in a
house owned by Mrs. Boyle, who has filed
a divorce petition against Boyle, and is
occupied by her and her children and her
brother, West. Boyle was in jail at New
| fame few days after the alleged assault,
| but later secured 81 1000 bail and was re-
| leased and the hearing set for today.
| Abbott Edwards of Newfane became
surety.
| Before the taking of testimony was
| begun the court, on motion of Attorney
| Piper, excluded the state witnesses with
| the exception of DR. A. H. Wright of VII
/ Tlp sUh+ loJ. .f,r-+ nd
on examination by States Attorney
Daley said he was called to see West a
week ago Sunday by Mrs. Boyle, wife of
the respondent. He found a cut two
| inches long on top of the skull and an
other four inches long back of the right
ear West was a little out of his head
and had since suffered much pain. Wit
ness said Vests mind began to clear up
Thursday and was entirely clear Friday
when the physician last saw him. He
thought the skull was not fractured and
that there was no danger now of the
wounds resulting fatally. He said West
was unable to be in court today.
| Cross-examined by MIR. Piper, DR..
Wright said that while the cuts were not
ragged they might have been made by a
round instrument and that there was dis
coloration all over the skull Conclusion
from the blows he said was what caused
West TO be out of his head. He saw
tblood on the kitchen floor and in the
front hall.
Mrs. Boyle was next called. She said
she had not lived with Boyle for two
years, but that she owned the place and
the family consisted of herself and son
and daughter, AIillard and Rosalind
johnson, by her first husband, a daugh-
ter, Alice Boyle. and her brother, Fred
West On Sunday. Sept. |, Boyle came
there and on coming into the kitchen first
/ talked with his daughter, Alice, about
trouble with a neighbor's boy. West
: was then upstairs. Boyle spoke to his
! Iswife. she said, about some of her friend:
Looming there and then going to the vii
: lage and telling things. Mrs. Boyle told
q her husband to get out and stay away
: and he replied that he would come wheI
/ he wanted to and would stay as long al
he liked.
Il West then appeared, coming downstairt
5 into the front hall and into the kiteher
| at the end of the hall, and wanted Il
[ lknow what was going ON. Boyle wanted
: Ito know what West was hanging around