The Barre daily times. (Barre, Vt.) 1897-1959, 1920-07-23
Was Continued To-day in
Trial of Pettibone, Ac-
cused Of Murder
JURY WAS EXCUSED
DURING ARGUMENT
State Maintains Confess
sions Were MadaxWith-

Nv Ter, July 23,--Arguments
o, .ne admissibility as evidence of
confessions alleged by the state to
have been made by Byron NJ Petit
bone, on trial for the murder of his
wife, were renewed by opposing coun-
sci, when court opened to-day. The jury
was excused during the controversy.
The prosecution presented two con-
fessions, which it laimed were made
by Pettibone, one to Attorney Gener-
al Frank G. Archibald and the other
to County Attorney Collins NJ. Graves.
II maintained that the confessions
were not made under duress or promise
of leniency while counsel for the de-
fendant sought to show that third de-
gree methods were used in procuring
them.
The arguments consumed the entire
forenoon and just before the luncheon
recess the court took the matter un-
der adyisement. A decision as to the
admissibility of the alleged confessions
was expected later in The day.
Several witness, including two detec-
tives who were present at a long con-
ference with Pettibone, which preceded
one of the alleged confessions, were
called by the prosecution to substan-
tiate the claim that no threats or
promises were made TO obtain these
statements.
The crowd has gathered in ever in
creasing numbers daily and Yesterday
afternoon filled every nook and corner,
including aisles, lawyers room, Judges
room and the open windows. So great
was the congestion down the center
aisle over heating register that u
floor joist, which had been partly
sawed away when the heater was put
in with few years, broke and the
floor settled several inches. just what
prevented collapse of the entire floor
and the probable death of 200 people is
difficult of conjecture. The courthouse
was built in 1880, brick structure, and
perhaps was never intended to hold
such a jam of people rs forced their
way in yesterday.
Before court convened Yesterday att
ernoon, Judge Wilson had taken up the
matter of determining this confession
with the attorneys and decided to have
1t heard in open court with the jury
excluded. Accordingly, promptly after
court convened, the jury was sent out
of the room.
The question of the admissibility OF
the confession was the one topic before
the court yesterday afternoon. The
prosecution first offered statement Of
a confession made by the respondent to
Attorney General Arehcibald on June
l6 Miss Nellie Hogan, stenographer,
who took down the confession in short
hand and transcribed the notes, was
called to the stand and identified the
document. She was asked to read such
questions and answers as would tend
to show whether or not the confession
was made under threat or duress, or
with any promises of leniency Miss
Hogan stated that this confession was
made in the presence of Attorney Cen
eral Archibald, Deputy Sheriff Shsnna-
han and herself.
The prosecution also entered the con-
fession made june 10 70 Attorney COL
Inns NJ. Graves in the presence of Chief
of Police Patrick Brazil, James R.
Wood T. c. Brown and stenographer.
Miss Leona Evers, employed as
stenographer by the Wood Detective
agency, was called to the stand and
identified the transcript of the notes
she had taken during the session from
III 80 to o'clock June Is, when Petit
bone was in the presence of two detec-
tives at the courthouse. Lated devel-
opments showed that during this inter-
val Attorney Graves had Miss Helen
Guillow before Judge Meagher for tho
purpose of learning what he could from
her Ii seems that the attorney had ia
sued subpoenas for both TO appear be-
fore Judge Meagher and. while he was
before the Judge with Miss Guillow, he
turned Pettibone over TO the detec-
tiyes Pettibone was not taken before
the Judge for inquiry for, before they
were through with Miss Guillow, At
torney Graves was scaled over TO the 4
courthouse TO take the confession Of
pettibone above referred to. In bring
ING out these facts there was some fire
on questions and answers with Attor-
ney Graves on the stand and Attorney
Jones of the defense asking the ques-
tions.
During the time Mr.. Graves was on
the stand it developed that at peri
cd subsequent to the making Of the al
legged confession, Pestibone was in the
Office of Attorney Graves and Chief OF
Police Patrick Brazil said to Petit
bone;
@Bvron. why did YOU do il
II don't know" /" replied Pettibone
''You had hell Of a fine woman
said Brazil.
81 know it, said Pettibone, hut 10
is too late now
How long did you carry that bot
tie in your pocket = asked Brazil
"oh. three days OF so" Pettibone an
swered
where did YOU get it'" asked Braz-
il.
At Dan Wards drug store. Dan
didn't know about il.
Brazil also said, according 20 the
witness:
Didn't YOU want the other woman -
eNo she is imnocent, PettibOne an
swered.
Attorney Jones made every effort 20
hiring ont that some severe third de-
gree methods we're employed by the
detectives on June 18th. but a. q sort
~ anti i-climax to his efforts and after
he had finished his questioning of AZ
toruev Graves. Attorney Archibald
a.ked Mr. Graves Just what his in
sir,,ctious to the detectives were On
that dav and Attorney Graves sid;
aTo treat him eentlemsnly, "a treat
hin, kindly. and fa make NJ promises