Middlebury register. (Middlebury, Vt.) 1886-1937, 1918-08-02
JURY FINDS
FOOTE GUILTY
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Continued from page onel
warden himself had been fishing, and
had laid his own fish before Foote as a
means OF convicting him,
The jury which tried the case yes
terday had an all-day session. Court con
vened at 10 o'clock in the morning, with
Mr. Stickney assisted by Frank W
Williams Of Brandon in the defense OF
Foote, States attorney Allan r. Stur-
teyant appeared again for the prosecu-
ton, The twelve men picked for the
jury were A, G., Freegard OF Whiting, i
L, ROwley OF New Haven, ] S, King OF
Cornwall Peter Aines OF Whiting, +
w, Baker OF Whiting, W. NJ, Stowe OF
New Haven, { /, Witherell Of Corn
wall, Archie Potter OF New Haven
Frank Wooster Of Whiting, c, T. Bene-
diet OF Cornwall, /, c, Drolette OF West
Cornwall and George Coates Of New
Haven Mr., Witherell was excused
when he admitted he had some preiu-
dice in the case, By agreement Of both
sides, the trial proceeded with eleven
Jurors,
The witnesses were all the same as
appeared in the first trial, the principal
new feature Of the first evidence intro
duced being a series OF photographs
showing the road, two miles north of
Dan Bents Mill in Ripton, where the
arrest occurred, Both Foote and War
den Chahee had, since the last trial,
been up to Ripton and taken pictures
so as to illustrate to the jurors the lay
of the land, Measurements were taken
and it was Warden Chaiiee's testimony
that the package of short trout which
he alleged TO have seen Foote throw
into the grass beside the road landed at
point 20 feet distant from where
Foote stood, The warden was, he as
serted, about l20 feet from Foote when
he saw the package thrown and, the
road being straight and the view clear,
he declared he could have made no mis-
take either in the fact that Foote threw
the package or that the package OF
short fish which he picked up was the
one Foote threw.
The defense made much, as at the
previous trial, of the fact that bushes
lay not far off and that Foote, had he
desired to conceal anything, could have
escaped into the bushes or could have
thrown the package into the bushes in
stead OF into the grass.
Chafiee repeated his testimony to
the effect that when he picked up the
package and laid it open on the mud
guard Of Foote's automobile, Foote
said, you've got me- and that later
Foote denied he had even seen the fish
before.
One new feature which the defense in
troduced was the history OF an old case
in which it appeared that about two
years ago Foote, in company with Mel
son a. Seymour appeared at Warden
! Chaifee's home one evening with two
short fish in their possession and asked
the warden what fish they,were 1t was
asserted by Foote that these fish had
been taken from Lake Dunmore brook
by some boys. Mr. Chaifee at that time
identified the fish as land-locked salmon
and steel head. The defense attempt
ed to show that Foote had brought
these ish to Warden Chaffee as evil
dence OF the fact that the warden was
not enforcing the law, and they also
sought to show that Foote, as president
of the Fish and Game League, was de
string to have the law enforced. Dill
fering interpretations were put by Chal-
fee and Foote on the purpose OF this
visit Mr.. Chaffee declaring under pres
sure of CROSSE examination that he could
only account for it by the fact that
Foote was intoxicated.
At one time in the trial Attorney
Stickney caused a stir by declaring that
Judge Dickens was not qualified to sit
in the case He brought out that 1t was
before Judge Dickens that Chattee first
brought Foote for official measurement
of the fish, and it was Mr.. Stickney'S
contention that the court had thus al
ready heard the case in advance. 1t
was explained by Judge Dickens that
the jury, not he, was trying the case
Mr.. Stckney's objection was entered
and the trial proceeded.
Foote was pressed on the witness
stand to show what feeling existed be-
tween himself and Warden Chatfee. The
appointment of Deputy Wardens had
not always been satisfactory to Foote
it appeared, and he mentioned one or
two cases in which he had protested to
Warden Chaffee over these appoint
ments. However, on examination
by Mr.. Sturtevant, Foote admitted that
the only feeling he bore against Warden
Chaffee was because the warden had ar
rested him in the present case.
During the course of the day Mr.
Sturtevant made vigorous objections
to the line of testimony tending to
show Foote'S prominence in the Fish
and Game League, as irrelevant and inn
material to the case but Judge Dicken:
allowed Mr.. Stickney to go on, and he
said "If I made a mistake in ruling
upon these objections, it is because
am determined that my error shall be
in favor of the respondent, not against
him"
Clinton and William Tisdale of East
Middlebury, and Nelson A. Seymour
were called again as witnesses for the
defense, and offered practically the
same testimony as recorded at the pre-
vious trial. The States Attorney
sought to show that their testimony
had no weight, their declaration o.
Foote's attitude toward the fish ant
game laws having never been put to ar
actual test in the matter of catchinf
small trout on any expedition on which