The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1920-07-29
MISS GUILLOW VISITS
PRISONER In CELL
Nervous When Jury
Announces Decision but APP
parently Calm When Judge
Wilson Pronounces Sentence.
His Counsel Given Oppor-
tunity to Consider Exceptions.

Manchester July 29.--At 1.15 o'clock
this afternoon the jury in the case
of Byron NJ. Pettibone of Bennington,
charged with the murder Of his wife
Eva Bond Petibone, brought in YER
dict of murder in the second degree.
Judge Stanley NJ. Wilson asked
James X. Batchelder Of Arlington,
senior counsel for the defence, if he
desired TO take any exception before
sentence was passed Mr.. Batchelder
replied that he did not wish to per-
scna'ly AXE such responsibility and
asked for the privilege Of retiring
with associate counsel for consulta-
| ton.
Pettibone was man:festly nervous
and under great strain He grew
pale and then red and looked anxious
| ly at the jury and pleadingly at Mr..
Batchelder
| When old to stand up he luIched a
| little but got upon his feet and with
clinched hands waited for the words
that told his fate-sayed frcm the
electric chair hut condemned TO pen
al seryitude for life.
After being ont for few minutes
MIR Ba chelder returned to the court
room and spoke with Judge Wilson.
He then spoke to the convicted man
and sat down.
| Judge Wilson then announced that
; he would impose sentence but that
this would not act as bar to the de-
fence which is given 80 days in which
TO file bill of exceptions,
| Pc tibone was again ordered to
stand up and was asked if he had any
thing to say why sentence should not
lbe pronounced Pettbone had moth
ing to say and Judge Wilson SEN
fenced him to the state prison at
| Windsor for the remainder Of his nat
ural life, to serve at hard labor.
He took the sentence more calmly
than he had the verdict but was still
nervous and fidgety He had no
more than sat down again when
Sheriff Gardner took him back to his
cell
In his cell he was visited by his
brother and sister. They were with
him a few minutes and then went out
to he automobile where Miss Gillow
was sitting and she returned to the
jail with them The party remained
in the cell for upwards of half an
hou;
Pettbone was taken to Bennington
this afternoon where his attorneys can
confer with him if they decide to ap.
pea,
/ Soon after II o'clock this forenoon
the jury filed into the court room.
Ernest Beebe, the foreman, stood up.
'"Haye you agreed upon verdict
| inquired Judge Wilson,
1--WE have not replied the fore
mar.
/ DO you wish to have any of the
evidence read asked the Judge
1 I'VE should like to have the courts
charge read and explained replied
Nh Beebe,
| Judge Wilson thereupon re-read the
greater part of his charge and added
some explanation as to the meaning of
terms used At the request Of the
jury he carefully went over the mean
ing of second degree" and man
slaughter" and the matter OF
+ motive"
Judge Wilson said that it was not
necessary to prove motive Of the evi-
Idence showed conclusiyely that mo-
tive exists when the crime is commit
/ ted. He spoke also Of the relations OF
the accused with Miss Guillow and of
Pettibones complaint about his wife
in his confession as possibly showing
the intent
He referred to the first and second
confessions as evidence admitted in
the case and told the jury that it was
their duty to decide whether either of
these confessions had been obtained
by force, fraud or other wrong meth
DDS.
If, said Judge Wilson, the jury finds
that Pe-tibone administered strych.
nine to his wife with the purpose and
intent to cause her death, it is murder
! in the first degree. 1t would not have
been necessary for him to have had
| the intent and purpose for any con
siderable length Of time
Second degree murder is murder
without generalization. Manslaughter
is the causing of death by any unlaw-
ful act but without intent or malice.
The jury was in before the Judge
for three quarters of an hour and did