Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-10-04
warm GETS %
TO n YEARS
viii Serve States Prison Sem
tence for Murder of Jennie
Hemingway.

St Adams, Oct. 1.-Robert Warm, a
brmer trooper in the 18th United States
hyalry stationed at Fort Ethan Allen,
as sentenced to serve not less than 10 nor
lore than IA years in the State prison
/ Windsor early this afternoon. Tuesday
Wening, September 1S, after a trial ex-
ending about a week, on the charge
/ numbering 14-year-old Jennie Hemming-
Ray, the jury found Warm guilty of mar
laughter and the sentence in his case
as pronounced in Franklin county court
b-day by Chief Judge T.. l.. Waterman
y Brattleboro. the presiding judge. who,
nth Assistant Judges Il. w. Foster of
his city and c.. A. Gardyne of Mont
omery, heard the case. The case will
o to supreme court on exceptions.
Warm will be taken to Windsor Tues
lay or Thursday. About HIS this morn
hg Warm was brought to the court room
y Deputy Sheriff L. p. Martin Inc c. G.
Justin & Sons. counsel for the respondent,
|rgued a motion to set aside the verdict.
they argued hat the verdict was un-
Imported by the evidence; that the closing
Irgument of the State was unfair; h a
he jury acted hastily and with passion
nd prejudice, returning a verdict in less
han 10 minutes; and that the court was
hanifestly In error in refusing to instruct
he jury during an improper argument
II counsel to the effect that 1t was the
(uty Of the respondent to procure evidence
20 prove his innocence.
The court after taking the matter under
Consideration overruled the motion, stating
hat they thought the respondent had had
! fair trial; that they thought the jury
VAS out a good deal longer than had
been stated; about an our and a half.
hey should say, and evidently the jury
hen took the view that they could not be-
keve the testimony of the respondent.
This testimony was, as against the theory
|f the State, based entirely upon circum-
evidence. Exceptions were noted
Tor the respondent.
States Attorney w. r. McFeeters, for
The State, said he would be satisfied with
knything the court saw fit to do in the
of sentence, bearing in mind that
should be such as would nav proper
public effect.
c. G.. Austin said he felt h "a the ends
bf justice would be satisfied in giving
|he young man a very light sentence.
Clerk G. c. Stevens called the prisoner
10 stand at the bar and when he was
hsked il he had anything to say why the
Of the law should not be passed
Upon him he replied. mo. SIR"
The court in imposing sentence said
that the respondent had bean found guilty
a severe offense and they felt that
there should be a severe penalty. The
court were agreed. and with little discus
zion as to the number of years of sem
Eence.
After sentence had been pronounced the
prisoner vas remanded to the custody Of
The sheriff and just before he was taken
from the court room he shook hands with
his junior counsel. Roswell NJ. Austin, and
said goodbye" The prisoner appeared
10 have a little more serious attitude to-
day than he did during the progress of the
trial.
The body Of the girl was found in a
on the Newton road. just outside
The city limits Monday morning, August
q, by Warm and Joseph o. Wiley. a
cousin of the dead girl. Warm told a
story at that time of being with the girl
the night before, Of being chased by five
soldiers. separating from the girl at the
corner Of Elm and Newton streets, coming
back to the city while. as he thought. the
girl ran In another direction, and wan
dered around the streets more or less
during the night hunting for the girl.
falling asleep in a car in the Cen
trail Vermont railway yards. 1t was when
he met the girls cousin on Monday morn
ing that he told him the story and after
they had found that the girl was not
at home they started out to hunt for her.
A special session Of the Franklin county
court was summoned, the Hon. Zed S.
Stanton of Roxbury presiding. and a grand
jury returned a true bill against Warm.
charging murder. At the opening of the
regular term Of court the case was taken
C.. G.. Austin & Sons were assigned
by the State to defend the respondent.
Warm has been discharged from the
army.