Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-05-01
STATE COMPLETES TESTIMONY
Warns Evidence at First Trial Is Read
Woman Says She Saw SOL
diers in Field

St. Adams, April 29-The State rested
shortly after ten o'clock this morning in
the trial of the case against Robert Warm,
for the alleged murder of Jennie Hem
mingway, Sunday night, August II, 1911
after the completion of the reading of the
testimony Of Warm. given at the former
trial. Miss Mabel Spencer or St Johns
bury, who was court reporter at the
former trial. was on the stand when the
respondent began putting in testimony, to
prove the testimony of Claude B. Meyer,
former soldier at Fort Ethan Allen,
which was given at the trial in the fall Of
1917 Two more witnesses were placed on
the stand by the respondent BEFORE the
noon recess, with the examination of the
first witness uncompleted. For the first
| time testimony was given tending to show
| that an automobile load of soldiers was
seen on Adds street. near North Elm. on
the Sunday night in question. That evil
dence was given by Mrs. Martha M. Pei
| ley of Bellows street, who said she saw
| the soldiers, five in number. and one civ
| ilan, as she was going to the homo or her
son on Adds street between eight and nine
o'clock The car, she said. swung around
on Savage street and came back. Snortiy
before nine o'clock on her return home
| by back path she said she saw some
soldiers, she should say four or five. be-
hind her house in some tall knot grass.
She was frightened and after going into
| the house and lighting a lamp. she went
outside with searchlight. Later she went
back to her sons home but said nothing
about seeing the soldiers as she did not
wish to brighten her sons family. she
returned home about ten o'clock for the
night She testified that she saw the SOL
90 t6A
time they were running.
Henry G.. Wersebe of Huntington
street, who in August. 1917. lived on
Lower Newton street, testified that ne
saw a soldier in uniform and girl
dressed in a dark and white striped
dress on the Newton road the night
Of August ~. Similar testimony was
given by his son, Richard, Wersebe, and
Mrs Oscar Wilson, who in August. 1917,
was a maid at the home of Mrs. Merton
Brooks of St. Adams town and on the
Sunday in question went by automo-
bile from this city to the Brooks farm
with Mrs. Brooks and her son. Smith
A. Brooks, witness, Mrs Ezra r. Loomis
of North Elm street, testified that on
that Sunday night she saw tall stout
soldier in uniform and small girl in
dress Of white muslin with blue
spray pass the house. She saw no
other soldiers and girl pass but her
daughter, Jessie. told her that Robert
Warm had gone by with a girl
Fourteen witnesses were on the stand
for the defense this afternoon, viz.
John ]. Finn of North Elm street, C. w.
MCGOWAN, an air brake inspector on
Central Vermont trains. William Burt.
yard foreman, at the Italy yard; E. ].
Muldoon conductor on the dairy train;
l l.
Italy Office in August, 1917, now a nom
mssioned officer; first class pharm.
acist in the United States service; Dew
ey Potter Of Belvidere. brother em-
ployed In the Italy yard Office the Sum
day night in question; Mrs. Eliza Car
ley of North Elm street, James Billings
and Royce Wells employees in the
Holmes bakery at the time in question,
who testified to talking with Warm
that Sunday night between 10 and IL
o'clock
DR.. r. H. Stone of Burlington. Chief
of police ]. F. Mahoney. Maurice C. Gar
ey. John T. Cushing. editor of the mes
| senger, and DR.. w. J. Upton. who was
the first doctor to arrive at the place
where the girls body was found, were
other witnesses Floyd Potter testified
that as the dairy train was pulling
out of the Italy yard just after mid
night, August 10 he saw five soldiers
on top of cars of the train. Other rail-
road employees testified to seeing one
soldier in the yards that night before
the train left. Conductor Muldoon saw
no soldiers here, but after the train ar
rived in Essex Junction saw one walk
ing by the caboose.
The testimony of Mrs. Agnes (Car-
ley) Willett. George Laroe and Mrs.
Winifred Wuelette given at the former
trial was read. The former two have
died since the trial and the latter lives
In the British Privonces. Under cross
examination DR.. Upton testified from
the appearances of the cornstalks under
the girl he should say they had been
arranged to place the girl either alive
or dead upon them.