The Barre daily times. (Barre, Vt.) 1897-1959, 1911-10-27
Attorney General Sargent $
State and Senter for lS .ce
.IN COUNTY 6 4 TODAY
At Yesterday Afternoons Session,
States Attorney Carver and R. A.
Hoar Spoke--Case Goes to the
Jury This Afternoon.

Arguments were completed in Wash
ington county court to-day in the case
Of State vs.. John Turley, who has been
tried on the charge Of numbering Johp
McAuley at Websterville on July II.
Attorney John H. Senter speaking for
the defense and Attorney General Sar-
gent for the prosecution this forenoon.
and the latter's argument running into
the afternoon session, after which Judge
Taylor will charge the jury. There
fore, the fate Of lurley will be in the
hands Of the jury by late afternoon.
Attorney r. A. Eoar made the argl-
ment for the defense yesterday after
noon and States Attorney Carver spoke
for the prosecution.
In opening his presentation this fore
noon Attorney General Sargent stated
that he and States Attorney Carver had
no interest in the case except in their
official capacities in representing the
state or the people Of the common
wealth He said il was their duty to
see that justice was done The people
make certain rules Of conduct, he said,
and provide penalties fer the infrae-
tion of those rules
The fact that a man was indicted for
any otFense was not evidence against
him, and the state starts out with the
presumption that the man was innocent,
that presumption to remain until the
man was proven guilty by the evidence
presented
Continuing, he said ii was now ques-
tion before the jury whether Turley
killed MeAuley or not II has already
been proven, said the attorney general,
that McAuley was killed II is now left
+ in this case to determine whether Tur-
I ley did il or not
At this point in the argument of the
attorney general, recess was taken
for dinner, and the chief prosecuting Off
Ger resumed his plea at the re-opening
OF the court this afternoon.
On resuming, Mr.. Sargent said tina.
the efforts of the defense to divert the
crime to someone else was the old story
Of stop thief; it was all to distract
attention from the main thing.
Turley was the only man, he said, that
wore blue. parts, white shirt, etc,
who was at the Staples house that
night; he left at 1886, as Turley him
self testified, and it was further shown
that he went down between the engine
house and Manginis muttering impreca-
tions, conveying the impression he was
going to "hx" somebody; that ii was
an hour later that Turley was seen going
home and that there was this hour Of
Tmley's life which has not been ac-
counted for.
Then the attorney general spoke of,
the conflicting stories Of the people ut
the Staples house as to the time when
Turley went away, and he said there
must be someone interested that is try-
ing to keep something back.
Attorney General Sargent said that
both Turley and McAuley were "in liq-
uor' that night and that what might
have seemed trivial at other times could
have been enough to arouse passion that
night, He said that when Turley lefr
the house be was heard to exelaim that
he was going to do certain thing, and
an hour later it was found the thing
had been done,
Evidence by the state has eliminated.
he said, everybody in that community
from the crime.
He said that the testimony that Prima.
vera appeared nervous at the place where
McAuley's body was found was not I'M
usual, as one witness had testified that
all were nervous Furthermore, the
ahurrahn about Primavera's actions IN
the Barre city court was intended sim
ply to get away from the main issue,
and even il Primayera did show guilt
ii was not an explanation of Turleys
conduct. The rubbish" dug up IN
Primayera's cellar was brought in As
evidence to further distract attention
and to aid in carrying out the scheme
as the defense had been trying to do.
Attorney Senter for the Defense.
Attorney Senter, who followed Attor-
ney Hoar for the defense, occupied about
an hour. lie told the jury they We're
drawing near the close of one of the
most important duties of their lives,
and he wanted to impress on them the
fact that the presumption of innocence
should be considered by them until the
respondent had been proven guilty be-
yond a reasonable doubt
Circumstantial evidence, he believed,
was as strong as direct evidence, but
he likened circumstantial evidence to
chain-and chain is as strong as its
weakest link. Then he went on to de-
scribe the actions of McAuley and Tur-
ley on the night Of July Il. He said
that MeAuley met death near a path
where blood spots We're found.
Then he spoke of the shovel that had
been found in Primavera's shed and he
said the testimony Of DIR. Stone showed
that when blood was on iron it would