Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-05-01
STATE SPRINGS SURPRISE
Offers Defendant Warns Testimony nj
His First Trial In franklin
County Murder Case

st. Adams, April 25.--Good progress
was made to-day, as yesterday, in the
trial in Franklin county court of the
case against Robert Warm, for alleged
murder.
Court took a recess at four o'clock after
the State had offered in evidence the
testimony of Robert Warm given at the
former trial, the defense Directing. Evi.
IDENTIFY this was n complete surprise to
the defense and the matter was threshed
out after court adjournment. Ruling by
Judge Wilson is expected tomorrow
morning, it is understood that Miss Mabel
Spencer of st. Johnsbury, the court re-
porter at the former trial, has been sum-
moned to appear at this trial. Miss
Spencer is reporting the Essex county
court at Guildhall. Important witnesses
this afternoon were DR.. b. II. Stone,
state pathologst and director of the
State Laboratory of Hygiene. at Buring-
ton DR.. &C. F. Whitney, chemist at the
laboratory, and DR. W. b. Arnold, city
health officer of st. Adams All testified
that tho death of Jennie Hemingway
was due to asphyxia or strangulation
caused in their opinion by external
pressure. The black and white striped
dress which has been in court during the
dence has hinged was identified to-day
by DR.. Stone as the one worn by the
girl when he went to the undertaking
parlors to perform the autopsy. The dress
was received this afternoon as an exhibit
in the case. Other witnesses this after
noon were Paul Aver of Brainerd street,
Maurice c. Carey of Lincoln avenue and
Seth Daniel of Pearl street.
Three witnesses were examined this
morning, viz, Mrs. James O'Connell of
North Elm street, Postmaster William
ii. Finn of Newton street and Miss Jes-
sic LOOMS of North Elm street. Joseph
Wiley, cousin of Jennie Hemmingway
the dead girl, was on the stand for
cross denomination at the opening of
court this morning, and told how the
girls body was found, the position in
which it was lying, of Warns apparent
desire to be near her as soon as she
was found and that he seemed to feel
badly. Mrs. O'Connell, who was at the
, Finn home on the Sunday afternoon, and
in the evening until about 9:45 O'Clock,
before the girls body was found, testi-
fled to seeing soldier and a girl pass
the house that evening, the girl in a
striped dress and bareheaded and the
soldier in uniform and wearing a cap.
They passed directly under the electric
| light In front of the Finn house. Mr..
Finn did not remember seeing a soldier
and n girl that night. Sometime after
he had gone to bed he was wakened by
| the barking of his watch dog, but the
dog quoted down after Mr. Finn went
| to the window and spoke to him. Mr.
| Finn said he did not notice anything
unusual or hear any other disturbance
| at that time. Miss Loomis said she
was well acquainted with Robert Warm
at the time of Jennie Hemingway
death and she testified to seeing him &c
along North Elm street on that Sunday
night with a girl wearing n black and
white striped dress and no hat. Warm
was in uniform, and carried his coat
over his right arm. This was soon after
nine o'clock and Miss Loomis sat on
the steps leading from the house to the
| sidewalk at the time. She saw another
soldier and girl pass the house about
S:25 o'clock.
The witnesses yesterday afternoon
were Verne Richards, Mr.. and Mrs
Henry j. Donnelly, Mrs. Ida Sheltra,
Smith A. Brooks, Mrs. Lottie Brooks
NJ. c. Finn and Joseph Wiley.