The Barre daily times. (Barre, Vt.) 1897-1959, 1912-11-14
EXCEPTIONS ARGUED
IN TURLEY CASE
Efforts for New Trial for Barre Town
Man Convicted of Staying John
McAuley Heard in Supreme
Court

| wan NVhNitltu VI J~s's
McAuley Heard in Supreme
Court.
Exceptions were argued in Vernon
supreme court yesterday afternoon u
the case of State VS.. John Turley, con
victed of second degree murder in killinI
John McAuley at Websterville and nov
serving life sentence for il. Turley wa
found guilty at the September, l0ll
term of Washington county court. Tn
respondent was represented by X. A
Hoar OF Barre and John II. Senter o
Montpelier, while the state was repre-
sented by States Attorney Carver o.
Barre and Attorney John G. Sar
gent of Ludlow.
The case came up to supreme court
on 33 exceptions. The first exception i,
to the exclusion by the court OF ques'
tions asked talesman Perley B. Gaylord
and which it was offered to ask each
and every juryman.
| The second exception is to a question
asked Robert 0'Harin as to whether he
had seen Turley at the Staples house
prior to the murder, which is held to
to show the connection il promised and
did not show that McAuley was jealous
of the respondent, jealousy being the
motive alleged by the state.
The evidence of Germani, which it
claimed was hearsay, should, according
to the defense, have been stricken out.
Exceptions are taken to the admission
of evidence of Alphonse Primavera as
to the conversation at the Staples house,
because it is claimed il was not SHOWN
Turley heard it, Other exceptions are
to other portions of the testimony of
Primavera, to attempts to destroy the
estimony of Rebecca Sapies, and of Mrs.
Pelky.
1t is argued that certain admissible
evidence of Rebecca Staples and City
Judge Scott of Barre was stricken out
and that immaterial testimony of one
6rocci was allowed to stand.
Claims No Motive Shown.
The brief argues that the motion of
a verdict for the respondent should have
been granted because no motive was
shown, the testimony of Robert O'Harin
on this point being unsubstantiated
left the Staples house at IL
O'Clock, soon after Primavera left. Kath-
crime Staples next left, going to bed at
|. Turley left next. aeeoniing to tes-
timony, at l:20. and he was heard to
enter his room at lao.
1t was testified that he went in a
direction opposite to that taken by Me-
Auley, which was past the engine house
and toward the Websterville road.
Alphonse Primayera admitted the
blood stained club was cut from his
fence; he admitted ownership of the
tools used to partly destroy evidence OF
he crime and hatchet with which bushes
we're cut to cover the blood on the
ground.
Primsyera said he was in his garden
II 5 o'clock the morning after the mur-
ler. Mr.. and Mrs. Dan Cameron We're
,ut at that time and did not see him,
md the Cameron girl testified he was |
wing on his yeranda at 5:35, when she |
eft milk there.
The brief holds that there is evidence I
hat the clothes worn by the murderer
we're burned in the stove in the Prima
era house the morning following the
murder. Mike Leonarsi testified to TAX
/ draw. but that he had never attended
he stove before. Burned buttons, shoe
yelets and the metal part of pocket
ook were found at the place where he
aid he placed the ashes.
Primavera appeared that morning on
he quarry in new clothes. Every rag
Turley's clothing has been account
! for, without blood stains.
There is testimony that at Is nm
tes before L. John Fraser saw McAuley /,
the ditch and heard him groan, think
q him a drunken man. at this time !
urley was at the Staples house and , ,
III been there since early evening and
d not leave for some time after that.
None of those who saw man going !
lst the engine house testified that they .
new it was Turley or anyone else.
heir descriptions of his dress prove it .
rs not Turley.
To the alleged plant" in the Prim- =
era cellar, it is said that it did not
owe the issue one way or the other and Z
no one, whereas if it had =
en- planted to aid the respondent it <
,uld have been arranged to incriminate =
income else. =
Tx.na,,+;nns ,ro talon 60 .bo ,ro,, q
i-NNtH tHtibhN CIV w thI al kh' ! 7
ents of States Attorney Carver and Z
Attorney General Sargent, and to the q
arge of the court. which is alleged to :,
We given q wrong impression of GER "
in evidence. Failure Of the court to y =
nrge as asked by the defense, on GER y y
in points, is also excepted to. !,
The supplemental brief concerns the =. ~
tiers alleged to have been written in =,
] by Primavepa, which il is argiled, " -
1uh not have been admitted. n ~
Attorney Hoar's Summing UP. p,
Attorney Hoar summed up the events al
the night of the murder in the fol- Jr
ring words: Va
So. undoubtedly. Alphonse Primavera OF
ppcd out of his house. down this trail. NJ
ere he overlook MeAuley, his club CO
5 used n kill McAuley. his hatchet liza
5 used that cut the bushes that I'M
cred the bloody spot from which the cli
ody soil and grass roots were taken Or
thrown into the bushes, his shovel Nj
used TO remove the sod and grass
Is that were thrown into the bushes:
hatchet was found in his house the
{ day; how could Turley get into his De
Sc and get the hatehet in question
do the work?
The clothes and shoes OF the man
/ carried McAuley down the path to !.
tN,,ut kara h,,,, -