Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-01-15
JURY ACQU|TS SL|GER
ON CHARGE OF ASSAULT
Not Impressed With Story Told
by Henry LaBounty Who Iden.
titled Negro as Man Who Shot
-g
at Him One Evening Last No
vember


trial IN Chittenden county court Tor
two days. charged with assault with
dangerous weapon upon Henry
baBounty. a soldier at Fort Ethan Allen.
The date given for the alleged assault
was November ~ last. The jury took the
case about Is minutes before five O'CLOCK
Thursday afternoon and was out, there
fore ir the vicinity of three hours. j. ).
Chapman Of Hinesburg acted as FOREMAN
Of the jury.
states Attorney Allen Martin prose-
cuted for the State. while the respondent
WINS defended by j. j. Enright. Although
henry LaI3ounty, the man who was shot.
took the stand and told a story OF two
coIored men with whom he had trouble
on First street, one of whom he said
struck him in the forehead. while the
other shot &c him. and told of later iden-
tifyinE the man who shot at him as the
respondent, the jury was evidently not
convinced Of the sruth of his story.
There were a large number of wit
nesses on the stand on this case, which
took the entire day yesterday, as well
as most of Wednesday afternoon. Tho
State closed IT'S case about Il O'Clock
yesterday morning, while the defense
took up the remainder of the morning
and up until 4:45 In the afternoon. There
will be another State case ready To-"
trial at nine o'clock this morning.
Yesterdays TESTIMONY
According to the testimony put in by
the State, LaBounty. the COLDER who
claimed to have been shot, left the
Pick ering house at So First street. shortly
after seven O'Clock, and started toward
the business part Of the city. He met
two colored men, according to his own
testimony, and had some words with them,
which were followed by the shooting,
the negroes running away as soon as
the shot was fired. LaBounty testified
that he saw nobody else on the street
at the time except the colored men, and
that the only other people he saw until
he got back into the Pickering house
were the two Pickering girls and his
chum, Clarence LeBlar, who ran out
after the shooting and took him back to
the house with them.
LaBounty's testimony was corroborated
by the two, Pickering girls. Evelyn and
Bertha, who were the scene shortly
after the shooting and who went back
to their house with the soldier. An
attempt was made to impeach the testi-
rnony of Evelyn Pickering. who testified
that LaBounty had not been drinking
that night. Mrs. Ellen King a witness
Evelyn tell her mother that she H;velyn)
knew that LaBounty had been drinking
that night but that she was not going
to testify to that.
Lieutenant Tilton, medical officer at
the Post. told of being called to the
Pickering house and of DRESSING the
wound on La Bounty's chin. He described
this as a deep, lacerated. penetrating
wound. He also found powder marks
on the respondents face. He did no,
notice that LaBounty had been drinking
hut would not swear that he had not
John J. Splane an<Amos J.. Brockney
two police officers. testified to going will
J.aBounty when he identified the respond
ent as the man who had done the shoot
ling. Splaine on duty in that vicinit.
the night of the shooting. He went tc
the scene Of the shooting as soon hi
learned about it, and found LaBounty
bn the Pickering house. He saw no negroes
about. He, with Officer Brockney anC
LaBounty, went to the home of Charlie.
Gilbert, another negro. the following eve
ming and there found Slger, whom
IaBounty identified as the men who sho
him. Neither officer noticed any sign.
that LaBounty had been drinking.
The State rested its case at 1110 o'clock
The defense put nine witnesses in tn,
not at the spot at the time the shootin,
was said to have occurred, and that Their
were, in fact, no colored men. or any
body else there when the shooting occur
red, except LaBounty and another sol
der, whom several witnesses identified a
Clarence LeBlar.
Willard d. Shepard, a soldier from tn
Post, testified that he was in hous
near where the shooting took place, tina
he heard the shot and went outside afte
two or three minutes had elapsed. Fl
found LaBounty standing on the sidewa
and swearing. LaBounty had his coat OF
and wanted to fight someone. Shepar
said he tried to quiet him. but withou
success. 1t appeared to him as
LaBounty was drunk. Joseph Bergeror
in whose house Shepard was stopping a
the time Of the shooting. testified to tn
same facts.
Freda Colodny, who Is a bookkeepe
in her fathers store at the corner @
North Winooski avenue and Bright stree
was the chief witness through whom tn
defense sought to establish AN alibi 70
the respondent Miss Colodney testifle
that Sliger came to her fathers stor
on the night Of the Goth of November an
paid S1S. She went out of tbs store t
get DILL changed while re was ther
anu uotlceu Wiiilc Sne WaG GU. mat ii wa
between seven and 1880 O'Clock, althoug
she could not tell the exact time.
Mrs Ellen King, a neighbor, told {
the shooting and Of going to the doc
and seeing the two soldiers and two cir
0tanding on the sidewalk. She saw M
body else there at that time. LaBount
was using vile language and LeBiair wf
trying to set him to put on his coat ar
keep QUOT, according to her testimony
Other Witnessed were Mr.. and Mr.
Charles Gilbert. colored, i'm whose hou.
the respondent was found, who testif,
TO the coming Of the officers and Il
Identification of Sliger by LaBounty I'll
respondent also was at the Gilbert hou
the night of the shooting between sew,
and 1880 o'clock. Mat Denny anoth
negro, helped to establish this testimon
Two other important witnesses for Il
defense were Mrs. Louise Miller and h
10 year-old daughter. Frances, who tes
fed to meeting LaBounty just before Il
shooting, and hearing the shot just fe
minutes afterwards, turning around al
seeing two soldiers standing together
the sidewalk. and going back to see VIII
had happened. Neither of them saw an
body else but the soldiers and nobo,
was running away from the place, accor
ing to the testimony. When Mrs. Mill
and her daughter got back TO the 81
diers, LaBounty asked Mrs. Miller 4.
help him as he had been shot. The
two were the last witnesses for the d
Tense.