The Barre daily times. (Barre, Vt.) 1897-1959, 1909-04-10
Convicted Of Numbering Della
COngdOn Last July
JURY REPORTED TO-DAY
EIroy Kent Escaped from Insane Asylum
at Waterbury and Before He Was
Caught Woman Was Fouliy
Murdered.

Rutland, April 1o.-Elroy Kent was
found guilty this morning in Rutland
county court Of murder IN the first de-
gree in killing Miss Della Congdon at
East Wallingford last July. The Jury
WAS out All night, having been given the
case at $3.50 in the evening and not re-
porting until nine o'clock this morning.
The penalty for first degree murder IA
hanging, but a state law forbids execu-
ton until after a session OF the legisla-
ture meets
The closing arguments in the case
were made yesterday afternoon, Attor-
.ney General Sargent closing for the
state and f.. H. 0'Brien and John ID.
Spellman for the defence. Mr.. spelIman
had been retained By some of the rela-
tives Of the accused man, while Mr..
0Bnen was assigned by the state TO
defend the respondent Judge Water
man delivered his charge at five o'clock.
At ten o'clock the jury retired for the
night without having reported
Kent was an inmate OF the state in
sane asylum at Waterbury last summer
having been sent there from the state
prison at Windsor where he was a pris-
oner for theft. In company with John
Keenan,, a one-legged prisoner in the
criminal ward Kent escaped from the
Waterbury institution Keenan, got but
little distance away toward Stowe
when he was captured and returned to
the asylum. Kent eluded capture for
several weeks and was captured In
Massachusetts. In the meantime the
Congdon woman was most brntaIly mur-
dered in her home in East Wallingford,
her body being found in the kitchen.
Suspicion was directed toward the es.
capped convict when the initials eE. Kn
were found carved in a board in the barn
nearby. When the convict was captured
he WAS promptly indicted BY the Rut-
land county grand Jury on. the charge Of
numbering Miss Congdon.
The Case as Stated to Court 4
In the arguments for the defence pre-
sented by attorneys John d. spellman
and Ernest H. 0'Brien. both OF Rutland,
considerable stress was laid on the egi.
denee of John !. Keenan. cne-legrpd
man who escaped with Kent from The
insane asylum early in the
month IN which the murder occurred. It.
was pointed out that The testimony Of
keenan, showed that Kent was with him
IN another part Of the state at the time
the prosecution claimed Ne was in the
vicinity Of East Wallingford.
Counsel for the defence argued that
Keenan, had testified that 'hn-
man stew" was served Al the asylum
ar1 ,aat4tfna4oN eslc.. I.Tt.-s..... l.. -. d.
in other ways ard bis testimony
ls TO the movements Of Kent was
worthy III credit.
Regarding the mental condition Of
Kent, the defence pointed to the fact
that Kent had been IN. the state hospital
for the insane at waterbury for years, !
md ridiculed the effort OF the prosecu-
ton in the present trial to prove that
The man was not suffering from in.
sanitv
Atty. Gen. John G. Sargent Of ludlow
summed np the case for the state. He
poke Of the alleged confession made BY
Ient to deputy sheriff after his cap
.ure in Pittsfield. Mass. and declared /
hat the eircnmstantial evidence was in (
accordance with the alleged confession. |
The testimony of many Witnesses that
Kent was in the vicinity Of East Wal
ingford for week or more before the
murder was referred To- and much stress
vas laid on the discovery Of the initials /
ri III" newly cut in the barn Of the
songdon farm.
IT was ascertained that Kent hid him
elf in the barn early in the morning
i July "a, and that as lie stood cutting
lis initials III door, he could look I
through crack into the bedroom Of /
diss Congdon. It was at that moment
he state claimed, that Kent formulated
he plan Of the crime.