The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-09-02
State Case to Be Tried in
County Court on an
Information
MOL PROSSED
MUNICIPAL COURT
Attorney H. g. Barber for Respondent
Reads Telegram from John B. Dun
ton, jr.-Important Witness, Dated
at Ponta Delgada, Azores.

Further postponement of the trial of
the case of the state against John B.
Dunton, charged with breach of the
peace by beating and striking his
daughter, Miss Carrie NJ. Dunton on
July IS, was asked for by the respon-
dent s counsel in the municipal court
this morning with the result that the
case was mol pressed in the municipal
court State S Attorney Gibson, who
will have the case tried in the Wind
ham county court.
The states attorney announced that
he would file an information against
Mr.. Dunton on the opening day of the
September term of county court in New
fame, which is next Tuesday. Whether
the case will be tried during the early
part of the term or will be placed to-
ward the heel of the docket cannot be
stated at this time, as the situation
with respect to other cases will have to
be taken into account.
Judge A. E. Cudworth, Sheriff Frank
l.. Wellman, State Attorney Gibson
and Attorney H. G. Barber. the latter
representing the respondent, gathered
in the municipal court room this morn
ing to draw d jury as it had been ex-
peeted that the trial of the case would
begin tomorrow.
Attorney Barber, who twice before
had asked for continuance of the case
because of the absence of the respon-
dents son, John B. Dunton, jr., who is
expected to be an important witness for
the defense, stated that he was forced
to ask for another continuance because
of delay in the arrival of the witness
who is wireless operator in the United
States navy.
A telegram from John B. Dunton, jr.
to his sister. Miss Helen M. Dunton, OF
Providence, R. l., was read by Mr. Bar
ber to the court. 1t was dated Aug. q
at Ponta del Gada, Azores, and said:
Sorry cannot come. Arrive tive
| weeks. John. -
| Attorney Barber said he considered
1t unsafe and imprudent to go to tria
IN the absence of so important wit
ness, but that the circumstances wer,
beyond the control of the respondent
He therefore asked for a further post
ponement. States Attorney Gibsor
said that further delay would carr
the case over to the time of the count,
court. He did not question the authen
tielty of the telegram. He then asket
leave to mol pross the case. He said h
would prefer to try it in the municipa
court as it could be done quicker an,
with less expense to the state but unde
the circumstances he felt that it woul
be wise to try the case in county court
Attorney Barber said the move cam
as surprise to him but he was agree
able to il as he had seriously considere
asking the court to try the case i
: some other town than Brattleboro O
at least to draw jurymen from some otl
er town on account of so much talk an
activity on the part of persons not eoI
, nected with the case. Mr.. Gibson sal
he did not think any such agitation q
4 Mr.. Barber had suggested was bein
4 carried on.
Q Judge Cudworth said that he felt ths
5 the prosecuting officer had good reaso
f for whatever move he made and
granted the States Attorneys reque
to mol pros the case, whereupon Mr.. Ba
Der asked that the respondent be di
charged, which was done. Mr.. Gibsc
then said he would file an informatis
n against Mr.. Dunton.