The Barre daily times. (Barre, Vt.) 1897-1959, 1919-07-09
George Warner, Convicted
of Murder and Sentenced
to Die This Week
ATTORNEY CLAIMS
NEW EVIDENCE FOUND
Warner Killed His Wife's
Parents, Mr.. and Mrs. Hen
ry Virgins, Nov. A, 1871

A final appeal for life was mf the
Vermont supreme court this 4 hg by
George Warner, who is ser - d to be
executed this week for the der of his
wifes parents, Mr.. and - ienry Wig
gins, at Andover, on N NcS 1914. War
ner, through his attic. ]. G. Jones of
Rutland, asked for ay of execution,
having previously failed to get reprieve
from Gov. Clement. The supreme court
has already approved the action of the
lower court and fixed, the time for the
execution by electrocution for the week
of July I, 1919
Chief Justice John H. Watson and
Justice G. M. Powers heard the argu.
ments iat Montpelier to-day on the APP
peal for stay, the petition having been
made yesterday afternoon.
Attorney Jones argued only briefly
this morning and asked that the evidence
be presented to the full bench. He pre-
sented the afiidavits of Z. d. Howard
and Jessie Howard of Andover and L.
Clinton Mower of Woodstock to show
that Warner was, in their opinion in
sane when he committed the crime.
Attorney Jones said that he had come
into the case recently and explained that
Gov. Clement had been advised by the
attorney general that he did not have
any power to reprieve Warner; there
fore, the only thing to do was to present
to the justices present the petition for
stay in execution until evidence could be
presented to the full bench, asking for
new trial on the ground of newly discov-
cred evidence.
Warmers attorney presented the afii
davit of L. f. Moore that he Moore
obtained in September, 1917, the afida
Wits of Mr.. and Mrs. Howard and Mr..
Mower that he was retained by Warner
to assist him in getting a new trial and
that he had given up the case when
elected states attorney.
The affidavit of Mr. Howard was that
Warner had been employed by him, that
he appeared crazy at times, and that he
had talked about the trouble he had
been having in his household, that he
liked Mr.. and Mrs. Virgins. A stage
drivers alleged associations with Mrs.
Warner were brought into the document.
Mrs Howard's testimony was that she
| had talked with Warner the Saturday
preceding the murder and that she be-
| lieved the man insane, that he gave that
appearance. Mr., Mower told story
very similar to that of the others as to
Warmers actions but while he was in
the jail at Woodstock
After the arguments were made, Mr..
| TppaS f1aIa 80 10 tba
that Ralph Walker, the superintendent
Of the prison, was present and that he
was ready to make affidavit that in his
| opinion Warner has been and is now in
sane The petition is brought by the
urgent appeal of the respondents moth
er. Mr.. Jones argued to the justices that
what he had presented was not cumula
tive evidence.
Attorney General Archibald argued
| that il was cumulative evidence, differ
| ing with Mr.. Jones as to the decisions
of courts on the matter. He stated that
if the new petition carried any doubt to
his mind he, Archibald would not OPP
pose the new trial but that it did not
and that he believed that justice has
| been done the respondent. Following the
arguments of the matter the justices re-
tired to their room.
Chaplain Rafter of the states prison
was also present for the argument
In the application to Gov. Clement for
reprieve. the mans attorneys set forth
that certain new evidence had been dis
covered which they claimed would ma
terially affect the case ii it was sent
back for trial This new evidence was
said to have relation to the mental re-
sponsibility of Warner. seeking to show
that he was not of sound mind on Nov. 4,
1914, During the course Of the trial eyi-
dence along the same line was intro
duced, but the verdict of the jury was
first degree murder. Gov, Clement went
over the case with Attorney General
Archibald and then refused TO grant the
reprieve.
Warmers crime is said to have been
the result of quarrel with his wife,
after which quarrel he procured rife
and went TO the home of Mrs. Warmers
parents and shot both the elderly people
to death,