The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-01-03

Following the testimony OF DR.. b.
H. Stone, who returned to Burlington
yesterday afternoon, Deputy Sheriff
John Nash, was called to the stand In
sthe Mahan murder trial. The officer
testified In relation to the incidents of
the night of the murder and the find
ing OF the child's hat.
The next witness was Andrew Nash
and 1t developed from his testimony
that the murdeder of Ethel Mahan was
probably seen carrying the body from
the Eastwood tree toward the gravel
pit. The witness was fishing at Lake
Paran Sunday on the opposite side
from the scene of the tragedy and he
testified that he saw the figure of a
man carrying a bundle In his arms
walk along the path toward the gravel
pit and start to descend the bank
toward the small pond. The man went
part of the way down the hill and
then returned and disappeared over
the hill.
On being cross-eXamined the witness
stated that he was in attendance at
the hearing before the municipal court
and that he was called before the
grand jury, but did not give this infor-
nation at either time.
DR.. A. s. NJ. Chisholm, who made an
examination of the prisoner in the
iailors apartments on the day follow
ing the crime testified that he removed
a substance from under Mahan's finger
nails. That the prisoner made no OBJ
iections to the process. The witness
began to relate admissions made by
Mahan, but was interrupted by objec-
tions by the defence and was cross en-
amined at some length by Mr.. Barber.
The witness was allowed to proceed
with the testimony and stated that
while he was at work removing the
substance from under Mahan's finger
nails the respondent suddenly ex-
claimed, II did it; killed her.
Municipal Judge f. L. Bates was
called and testified that ne was present
and took down the confession of Ma.
han in the jailor's quarters. Cross ex-
amined by Mr.. Barber he stated that
the confession was twice made and
that it was taken down the second
time, that before the second he ad
ministered the oath to the respondent.
He informed him that he was not
obliged to make the confessions and
that it would probably be used against
was entitled to counsel.
Attorney General Fits then asked
permission of the court to submit the
confession, but 1t was then 5 o'clock
and court adjourned to 3 O'Clock this
morning.
Judge Bates was recalled this morn,
ing. Counsel for the defence objected
to the presentation of confession un
der oath as being not admissible and
filed an exception.
Judge Bates with the manuscript be
fore him then gave the confession
which was practically as follows:
got up about o'clock yesterday
morning Sunday and after milking
went back to the house. hung around
the house until after dinner when
went to the cemetery. came back
from the cemetery about o'clock and
| went down to the railroad track and
walked up to where my brother. Jerry
and Alfred Hunt we're fishing in North
Bennington pond: My brother, Jerry
called to me and asked me to go to the
house and get something to eat. went
to the house and my sister Alice gave
me some food in paper. Ethel, my
niece, Myrtle, my brothers wife, were
| at the house, my sister Alice, Alfred
Hunts wife. Ethel asked her mother
| IL she could go back with me- All
knew that | was going back to the
pond as | told them. Ethers mother
said she could go and | took her by the
hand and started over by the path by
| the Eastwood tree over toward the
pond where my brother and Alfred
| Hunt were on the same side of the
pond as the boathouse.
/ gave the lunch to my brother ant
stayed there about 5 minutes and we
Ethel and |. went back across the track
| the same way. | helped her up the
bank. She crawled through the fence
and | stepped over. We sat down un
der the Eastwood tree. | pulled hel
drawers down. She did not cry or say
anything. / did not unbutton my
lclothes. laid her down in front of m,
with her back toward me. / put m!
hand under her chin and cut her throa
with my razor. took the razor from
the shelf at the house in the morning
She fell down on the ground. | Gu
her throat but once. | took her by thu
hand and led her toward the hole.
knew where the hole was. l dragged
her toward the hole and let her dow
sideways. | did not try to cover he