The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-08-08
DuntOn's Defense in State
Case to Be Justifiable
Restraint
DRAWING OF JURY
PUT OVER TO MONDAY
Respondents Counsel Asks Postpone
ment on Account of Absence of Ma
terial Witness-Trial Expected to
Consume Three days.

In conference between court and coun-
sci in the municipal courtroom yesterday
afternoon relative to the drawing of
jury to hear the case of the state against
John B. Dunton, who is charged with a
breach of the peace by beating his daugh-
ter, Miss Carrie B. Dunton, on July Is,
it developed that the defense would be
that the daughter is insane and that the
respondent used no more force or VIC.
lence in restraining his daughter than the
circumstances required.
1t also was brought out that Mr. Dun
ton has filed a petition with the probate
court for the appointment of guardian
over Miss Dunton the ground that she
is mentally incompetent to care Tor her.
self, and the probate court has set hear
ing for Saturday, Aug. l6. Thus the diff
ferences between Mr. Dunton and his
daughter have gotten into three courts.
the daughter having filed in the Wind
ham county court "a suit for damages OF
$4,000 against her father for alleged mis-
treatment and Imprisonment.
| Last Monday Judge A. L. Cudworth of
| the municipal court set apart yesterday
afternoon for drawing a jury te try the
state case against Mr.. Dunton today, but
| for certain reasons which appeared at
/ the conference yesterday the drawing OF
jury was postponed to next Monday af
| ternoon at O'Clock 1t is expected that
a date for beginning the trial will be de-
| eided upon Monday.
States Attorney E. w Gibson appeared
for the state and Attorney II. c. Barber
L III
man also was present When asked how
mach time he would require for present
ing the defense Mr. Barber stated that
the defense would contend that Miss Dun
/ ton was insane and not a suitable person
to be at large, which would require the
examination of expert witnesses, alienists.
nurses and others. He said he could not
complete the defense in less than two
days. States Attorney Gibson said he
had numerous witnesses to examine and
would require at least one day.
As it was evident that the case could
: not be completed this week Judge Cud.
worth said postponement would be nec-
essary. as he did not think it wise to
| have Sunday intervene, when various i'm.
pressions might reach the jurymen. Both
, parties concurred in this view
/ Attorney Barber then stated that one
) of his most important witnesses, Mrs.
: Mary Warburton of Adams, Mass, who
, formerly was employed at the Brattle.
boro Retreat and closely observed Miss
Dunton there, would be unable to attend
court for some time on account OF APP
preaching childbirth, and letter from q
physician supported that statement. Mr.
Barber preferred to have her present il
court than to have her deposition taken
and read.
d As several cases are set for trial by
court or jury next week and the follow
ing weeks until county court begins it was
seen that it would be difficult to find three
days in succession for the trial OF thi'
4 case, but it finally was decided to Sc
h npart next Monday afternoon for draw
y ing jury Meanwhile Attorney Barbe
It will file formal motion for a continuance
e on the ground of the absence of a materi
!. al witness, supporting his motion by al
affidavit setting forth what he expects Il
/ prove by the witness When that is don
n it may be that counsel can agree as t
a what might be shown by the witness, o
II lperhaps it will be necessary to take he
II deposition, and possibly some of the 9th
lie er cases may be settled and the way thu
d cleared for the trial of this case