The Barre daily times. (Barre, Vt.) 1897-1959, 1918-11-07
CONVICT GETS
A NEW TRIAL
Robert Warm, Ex-Soldier,
Was Found Guilty of Muir
dering Jennie Hemingway
JURYMAN TALKED
BEFORE THE TRIAL
Other Decisions Rendered at
Opening Of Court Term
in Montpelier

Robert Warm, who is now in Vermont
state prison, will have another trial on
the charge of murder, according to the
decision handed down by the Vermont
supreme court Wednesday afternoon the
opinion being among three read during
the afternoon at the beginning of the
November session. Warm was found
guilty a year ago in Franklin county
court on the charge Of numbering Jennie
Hemingway in st. Adams.
The case came to supreme court upon a
petition for new trial upon the grounds
Of newly discovered evidence, as well as
the claim that one Of the iurymen, Frank
Martin, had made wager in Montgom-
cry preceding the trial, that Warm would
be found guilty of the offense He was
later on the jury that convicted Warm
and, according to the evidence in the af-
fidavits, the juryman discussed the case
after his return TO Montgomery.
Justice Haselton, who read the opinion,
stated that the court did not consider the
material for new trial because there
was enough in the circumstances sur
rounding the jurymau's statement to
make necessary new trial. A matter
Of great public policy was involved in
this part Of the case and the court had
found that Warm is entitled to new
trial, This win give chance for the de-
Tense TO present the evidence, that ii be-
lieves it has, which viii acquit Warm of
the charge He was soldier at Fort
Ethan Allen at the time he was arrested
Chief Justice Watson read the first
opinion, which was one of the longest
read In this court in long time. II was
in the case Of H. II. Powers and H. S.
Peck, executors of the estate of Alden
Judevine ct al VS.. the trustees Of the
Caledonia county grammar school, and
was over timber which it had been
claimed had been removed The case
came to court in 1919 and since that time
several deaths have occurred, including
Mr. Powers and George T. Howard g.
NJ. Powers and Cora Powers and Eta
Howard come into the case The case
involves a similar case in which the
plaintiff in this was the defendant in the
other.
In this decision it was stated that
when ex-Chief Justice Munson wrote the
first opinion during the time he was on
the bench, majority of the court failed
TO agree with him, but that another has
been written in which a majority Of the
court, as well as ex-Justice Munson
agreed. The dissenting justice was Judge
Haselton, who expressed an opinion that
the case should have been decided in fa-
vor Of the plaintiff who now will have to
pay $500 and interest since 1907. De-
cree reversed and cause remanded Wat
son, justice,
In Orleans county the case OF II. T.
Seaver ct al VS.. Lillian Lang and trustee
was decided. This is suit in which a
verdict was ordered for the plaintiff to
recover S5,204.s2, the case coming to SUI
preme court on the exceptions Of the de-
PENDANT II involves the estate of Lang,
the horseman, mortgages on the proper
ty the death Of Lang and his wife. The
opinion was, judgment reversed and cause
remanded; Powers justice
Entries Made.
During the calling Of the docket sew
eral entries were made in which many
cases were disposed Of The Bennington
county cases will be submitted on briefs
In the Rutland county cases, Stuart VS..
Plumley viii be continued because of III
ness Of an attorney and all others are set
for hearing, including the disbarment
proceedings against E. II. 0'Brien.
In Chittenden county these eases were
settled and discontinued May Va. Pope
White vs.. White; J. p Clark's admins.
traitor vs.. Estate of E. w. Peck. The
remainder were continued excepting Prior
vs.. Riggs, in which q motion for an af-
iirmed Judgment will be argued and a
couple presented in briefs.
In Franklin county the case Of Buker
VS., the Burlington Traction company is
continued, all Others being for hearing,