Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-07-29
PETT|BONE EVIDENCE IN
Defense IL short--Openine Arguments
for the Prosecution and Re-
spondent Made

Manchester. July 27.--The trial OF
Byron NJ Pettibonc on the charge of
poisoning his wife, Eva Bond Pettibone,
Of Bennington on April came to an
abrupt close. as far as the presentation
of evidence Is concerned shortly before
noon to-day. The afternoon session was
devoted to the arguments OF States
Attorney Collins M. Graves for the
prosecution and Joseph c. Jones of the
defense. Tho arguments Of J. X.
Batchelder for the defense and Attor-
noy General Archibald for the prosecu-
tion will he heard tomorrow.
Tho long continued surmises as to
whether rcttibonc would be placed on
the stand by his counsel in an attempt
to repudiate the confessions alleged to
have been made. were terminated by
the announcement by his counsel
sho rtly after tho morning recess that
tho defense rested. Just preceding this
announcement. Pettibone. who had
beca sitting between his counsel arose
from his chair but the anticipation that
he was going TO take the stand was
soon dispelled. Whether his counsel
Rad seriously considered this move was
not divulEcd
The defense was baked in line OF
evidence by which it proposed 10 show
that n. NJ. O., tho combination Of drugs
administered by Dr. Gardiner of Ben
niagtor to Hrs. Pettibone the night she
died, may have caused her death. This
happened when Or. George II. Farnsworth
Of Rutland, veterinary surgeon. was
called rs the second witness Of the day
After a few questions by Mr.. Jones'
Attorncy-General Archibald objected on
the ground that as he did not practice
on human beings his evidence would have
no bearing on the case. The court sus-
aimed the objection and ruled that this
line NJ evidence could not he admitted
unless 'oniing from a regularly qualified
physician. The defense intimated that
they might do this. but later when Dr.
| John I. Cochran of East Dorset was put
on the stand they did not attempt again
| to open me issue
When court opened this morning. Ben
iamin Fl. Pettibone. brother Of the re-
| spondent, completed his testimony begun
/ Yesterday aftrnoor. He told Of the happy
! relations existing between his brother and
the dead woman and said that he saw
byron kiss the dead body on the day OF
the funeral, Re' also told Of his broth
| er's weakened condition following the
operation. but when cross-oxamned hy
! states Attorney Graves he admitted that
4 Byron was the driver Of the Studehak or
! car containing the respondent and Miss
Guillow when they visited the witness
home in Pownal on the Thursday and
| Saturday before the confess sion is said 10
| have been made
I Mrs Maude Pettibone Hathaway of
North Pownal sister of Byron. testified
! along practically the same lines as Ben.
1amin concerning the happy relations Of
| her brother and his wife and to his
weakened condition after the operation
but she also admitted that he drove the
! Outflow car on two occasions a distance
of some 30 miles in each instance She
also said that she objected to the autopsy
as did Mrs. Pettibone's relatives.
! Dr. John |. Cochrane testifying for the
defense made telling point for the pros
ecution in the cross examination by At
torney General Archibald. The letter had
objected to the use Of this witness at
first on the ground that he has been in
the court room much of the time during
the trial. hut consented to have him ex
amined when he found it was only for
the purpose of showing the condition re-
sulting from the removal Of tonsils
He was asked:
IF man was operated on for the re-
moval Of tonsls on June and on June
you say. doctor, that such a man was
very weak"
The doctor replied:
NO. He also replied that in his opin
ion no mental impairment follows an
operation of this nature. At this point the
defense announced completion of it's evi.
dence.
DR.. Charles f.. Buchanan Of Bennington
was called by the prosecution and stated
that he had examined Mrs Petition.
about two years ago and found her il
perfect health as far AS examination
of the heart, lungs and other organ!
usually covered by such an examination
disclosed. About five years before he
death he had prescribed one-sixtieth of
grain strychnne tablets for Mrs. Petit
bone for indigestion on two or three oc
casons. The pros ecution then called Mis:
Nellie NJ. Hogan of Bennington. stenog
rapher. at the inquest for a brief eXamina
ton but the defense did not cross examine
Mrs. Lillian x. Buss of Bennington wa
the last witness of the trial. She wa
called by the State to establish the tim
that DR.. Wilcox left Bennington and state,
that it was on January 6. 1890 here was M
Cross -examination and after the State an
nounced it had finished its evidence cour
adjourned until afternoon when argu
Touching many of the points brough
out in the evidence briefly but to tn
. point, States Attorney Graves state,
that murder had not been committe,
IN the heat OF passion but in the mos
deliberate, .reacherous and col,
bloodcd manner He said that Petition
did not even have the courage to sta,
in the room after he put the strych
nine in the salts and characterized tn
, kiss implanted by the respondent oil
his wife's lps the night she died as
Judas k;A" In referring to the con
fession AMI the employment Of dotec
tiyes on the case he said that 70 Woul
/ have come sometime anyhow mat
was a confession caused by 'Ilo
, Pe:tibones creator working .lc
I the accused mans Conscience.
Attorney Jones required the rest t.
the day for his arguments for the de
Tense. He duelt at length on the te
episode. the evidence that Mrs. Petti
bone had taken atrycnnine il salt
with the testimony and methods O
, The detectivea. indst:ry tina, "thir
? degree methods we're w.thou. doub
, used. Ho eXhorted the jury rot 20 sen
, a man to tho chair on speculation an
a confession made after six hour.
Crflling ny weaHened man.