Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-09-20
FIND WARM GUILTY
OF MAKSLAUGHTER
Respondent Will Probably Ask
for New Trial on Ground of
Fresh Evidence.

St. Adams, Sept. 1S.-Robert Warm was
found guilty of m~anslaughter. in Franklin
county court tonight. He had been on
trial since last Tuesday. charged with
murder Of ~14-year-old Jennie Hemming-
way. whose body was found in a corn
field just outside the city limits the morn
ing OF August Is. The jury was out two
hours and IL minutes. The prisoner too
the verdict calmly.
The States counsel say that they con-
sidered the verdict a very satisfactory
one. Roswell M. Austin. junior counsel
for the respondent. said tonight that
they were disappointed and surprised and
that some evidence that had come in since
the trial began and which they had not
had time to look up was Of such a nature
that they should probably ask for. a new
trial.
When court opened Judge Waterman
cautioned the audience to remain very
quiet during the remainder Of the trial
and said that no applause would be
allowed either during the trial or at its
termination.
C. q. Austin. senior counsel for the re-
%spondent. began his argument al 800
o'clock n continued uninterrupted,
except for a brief recess, until 11:25. At
II 80 court took a recess after the Judge
had announced that court would not come
in this afternoon until the close of a band
concert on Taylor park to be given In
honor of the drafted men who we're to leave
for a training camp. At $40 court came in
and at 3:l5 former Attorney-General r. e.
Brown OF Burlington. who is assisting In
the prosecution. began the closing argu-
ment for the respondent and the closing
one Of the case.
While Mr.. Austin was arguing the case
this morning his client shove much
emotion. This was especially apparent
when the attorney referred to Warns
mother. to the devotion between the re-
%spondent and the dead girl. and the Ind
ing Of the girls body. AS Mr.. Austin
closed his argument the respondent put
his handkerchief to his eyes and remained
in that attitude several minutes. One of
the jurymen was seen to wipe his eyes
a few times while Mr.. Austin was speak.
ing.
Mr.. Brown completed his argument at
4:5s and at 5:4s following the judges
charge the case went to the jury.
George Catlin of st. Adams town was
appointed foreman. During Mr.. Browns
argument he referred to the argument of
C. g. Austin, in which he stated that
the State got court to adjourn early
Saturday so they could 60 to Fort Ethan
Allen to gather in the soldiers and get
them to explain where they were after
the respondent had put in evidence OF
soldiers leaving town by freight the night
Of August Il. Mr.. Brown said. and I'm
going to ask now why he didn't 20 out
and md out about them II he has the
proof"
Instantly. Roswell M. Austin, the re-
spondent's junior counsel. was on his feet
with the answer: ITO that we are COM
PEELED to answer We have some evil
dence and are willing to put It in the
hands Of the State. 1t Is not incumbent
on the respondent to prove his Innocence
or to prove that anyone else committed
the crime" Mr.. Austin requested the
court to instruct the Jury at once on
that point and OF his failure to do so
asked for an exception. which was noted.
Two exceptions were also given for the
remarks Of the arguing attorney.