Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-07-10
WARNER FIRST TO
Be ELECTROCUTED
Petition for Stay of Execution
Denied Murderer of Mr..
and Mrs. Virgins

Montpelier, July s.-George e. Warner
VIII be the first person to be electrocuted
at the State prison at windsor. His
execution will take place this week
The petition brought by j. c. Jones'
attorney. asking for stay In the execu-
ton, was adversely reported to-day.
Chief Justice John II. Watson and Asso-
ciate Justice G. NJ Powers refused to
allow the petition TO be filed. with the
following order:
THE foregoing petition for a new trial
being presented to the undersigned two
justices of the Supreme Court under the
provisions of section 2635 Of the General
Laws and the question Of allowing the
same to be filed being heard with argu-
ments of counsel on July 0, 1919, upon
consideration thereof. 1t Is determined
that the alleged newly discovered evil
dence is not sufficient force to justify
the presentation of the petition to the
Supreme Court for hearing thereon; and.
therefore. the said petition Is not
allowed to be filed
Certified at Montpelier. this 9th day
of July, A. D., 1919.
JOHN n. WATSON,
"Chief Justice,
GEORGE M. POWERS,
Associate Justice"
Chief Justice Watson and Associate JUS
tice Powers gave a hearing in the State
building this morning upon 1.-THE petition
asking for stay in the execution of War
ner who shot and killed his parents-in-
law. Mr.. and Mrs. Henry Virgins, No
vember 4, 1914 The State was represented
by AttorneyGeneral Frank Archibald.
Ralph Walker, superintendent Of the
state prison, and Chaplain Rafter Of the
| institution, listened to the presentation of
the petition. They feel that the man is
not of normal mind.
Mr.. Jones argued the reasons for the
stay briefly, asking that the evidence be
presented to the full bench He present.
ed the affidav Wits of E. d. Howard, Jessie
Howard of Andover and I. Clinton Mower
of Woodstock to show that Warner. in
,, their opinion. was insane when he COM
| mitted the crime.
| Mr.. Jones presented the affidavit OF
Ernest e. Moore that in September,
| 1917, he obtained the affidavits of Mr..
and Mrs. Howard and !. c. Mower. that
he was retained by Warner to ASST st
him in getting new trial. and that
! he gave up the task when he was
elected States attorney. The affidavit
of Mr.. Howard was that Warner had
been employed by him, that he appeared
to be crazy at times and that he had
talked about the trouble he had been
having in his household, and that he
liked Mr.. and Mrs. Virgins.
Mrs Howard's testimony was that
she had talked with Warner the Sat
urday preceding the murder and that
| she believed the man insane. Mr.
Mower told a story very similar to that
of the others as to Warmers actions
in the Jail at Woodstock.
| After the arguments were made, Mr.
Jones made statement to the justices
that Ralph Walker the superintendent
of the prison, was present and that hi
was ready to make affidavit that in hi.
opinion Warner has been and is now
insane. The petition is brought by the
urgent appeal of the respondent!
mother. Mr.. Jones argued to the jus
tees what he had presented is no
cumulative evidence, and that it hat
bearing upon a point which has mo-
been presented in court.
Attorney General Archibald argued
that it was cumulative evidence, diff
fering with Mr.. Jones as to the de
cisions of courts on the matter. HI
stated that If the new petition carried
any doubt to his mind that he, Archi
bald, would not oppose the new trial
but that it did not, and that he be
lieved that justice has been done tn
respondent.