The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-12-20


stocking wh,. he ives in Mr.. DrazePs
house He Afterwards took him to
the office of States Attorney, Meag-
her where he :. 4ched Cmell and
found a revolver in his RIGHT stocking
three chambers of which were empty
and two loaded. He also found 10
cartridges, cake Cf soap, Lincoln
penny, black handkerchief in
Cmells pocket.
On cross examination, Chief of
Police BraZel said Cmell spoke Eng
lish brokenly and he stated in his
conversation at the states attorneys
office that he came to Bennington
the day before.
John Nash, deputy sheriff, testi-
fed that he saw Cmell the morn
ing after the shooting in che
office of the states attorney
and that Cmell was searched in
his presence His testimony in re-
Cmell's person agreed with that of
Mr. Brazel and he added that they
were turned over to the states at
torney after the search. When asked
how he came by the gun, Cmell said
his partner" had shot mar
down the road ways and turned the
gun over to him afterwards. Cmell
said he had been in Bennington two
days. He described the cap that
Cmell wore as being brown checked.
When cross examined, Mr.. Nash
said he couldn't state positively how
many cartridges were found on
Cmell, but thought about IL or Is.
These were in his side and hip
trousers pockets.
Mr.. Nash said Cmell had said in
the course of being questioned in the
states attorneys office that he was a
Hungarian gypsy and could speak
three or four different languages.
but did not understand English very
well.
Trenor p Gregg and E. T. Girls
void examined the cartridges and bull
let's presented by the state as ex
hibits and identified them as 80 cali
bre
Mrs. Albert Harmon said Tinkham
had been brought to her house at
Bennington Flats directly after the
shooting and that she had found a
bullet on her kitchen floor the next
morning when she was sweeping.
Her husband had taken this to DR..
Buchanan.
Albert Harmon corroborated this
testimony of his wife
w. c. Robinson, who was on the
stand in the morning. was recalled
and when questioned by Mr.. Graves,
as to whether or not, he had furnish
ed a different description of Cmell to
any one after the shooting, from the
one he had given in court yesterday
morning, re led that he had not
The state rested and the first wit
ness for the defense, Rollin Croto,
carpenter, took the stand. He said
on the night of Oct. II, he came
down Main street from the home of
Albert Fiske, intending to take the
trolley up Main street On reaching
the Putnam house corner, he saw by
looking at the town clock, that ii was
5:25 and he had missed the car,
which ordinarily goes up at $50.
He visited Quinlan's Pharmacy and a
cigar store and then stood on the
Putnam house steps. talking with
James S. Silk and waiting for the
next car. After Mr.. Silk left him,
he noticed a stranger who came
along South street pass by and turn
down West Main street This was
about $40 although he could not say
exactly what the time was. He said
he had since seen the same man,
Cmell, the following morning when
he was under arrest and later in
jail. He said the prisoner had
changed in appearance, and was pal
er and thinner.
Earl Marsden testified that he was
in Bowen's pool room at $40 on the
evening of Oct. II. where he was
palying pool. He said he noticed
Cmell in the room, and he was the
same man he saw in the automobile
with the officers the following morn.
ing and in county Jail some time af-
terward. He SAID the man stayed in
the pool room only about Is minutes
When asked by Mr.. Graves if he had
taken a message to a witness in
North Adams at Mr.. Graves request,
he replied that he had.
Edward Morse, was the next wit
ness 10 be examined He stated that
he was employed in Bowens pool
| room and was at the time of the
shooting of Tinkham. and that on the
night of the shooting, Cmell
came into the room about 6:55 and
he had seen this man once since. in
jail Cmell did not talk any in the
pool room.
Mrs. William c. Robinson testified
that she was driving toward Benning-
ton with her husband on the night Of
Oct. IL and that they met Cmell near
the Meechole bridge and also Mr..
/ Tinkham. She said when they had
come to the watering trough near the
soldiers home, she heard two shots
/ from beyond the bridge
The last witness for the defense
was Anthony Galipo, who stated that
he was the father-in-law of William
Robinson and resided at Haynes Cor
ners. When he was put to the cues
ton whether or not his son had dis
| cussed the appearance of Cmell with
him after the shooting. he had some
| difficulty in comprehending it and
| Mr.. Graves had 10 repeat IL several
times. He finally said he remember
ed that his sonin-law had said some