The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1920-07-27
Prosecution and Defence Com
plete Introduction of Testi-
mony before II O'Clock and
Arguments Are in Progress at
Manchester This Afternoon.
SENSATION In COURT
ROOM THIS MORNING
Alleged Murdered Sud denly
Rises to His Feet and Spec
tators at Once Jump to Con-
clusion that Confessions Are
About to BE Repudiated

AbOut w DC ANCpubldlcu
The final stage in ,he trial of Byron
NJ. Pettibone of Bennington who is
charged with the murder Of his wife
was reached at Manchester lac this
forenoon when the defence rested.
The arguments are in progress this
afternoon,
The defence concluded the introduc
Ition OF testimony at II o'clock The
next half hour was consumed by the
state in the examination CT two or
three witnesses in rebuttal. AT 11.30
the case for both sides was concluded.
Just before he defence rested
there was a stir in the court room
when Pettibone suddenly rose to his
feet For an instant the spectators
we're yisibly excited as they at once
jumped TO the conclusion that the
laccused man was about TO go upon
the stand for the purpose Of repudiat.
ling his confession 1t developed,
however, that ihe respondent and his
counsel were merely changing Nats
I for the purpose of conference and the
lexci ment Immediately subsidized
When the session opened this morn
ing the brother OF the respondent,
lBenjamin PetSibone OF Pownal was re
called to the stand and continued his
Testimony in relation to he affection.
late relations that had always existed
between the respondent and his wife.
He testified that Byron was exceed.
iingly weak fer some time following
| his operation at thu Troy city hospi-
tai for the removal Of tonsils.
On cross-examinatfon the witness
tes ihed that Byron and Miss Guillow
4 had visited at the home in Pownal
and that Byron drove the automobile
lin which the trip was made from So
dom 10 Pownal Two of these visits
were corroborated by me respon-
dents sisters, Mrs. Maude Pettibone
| Halfway, who stated that Byron
drove the S.udebaker car from Sodoni
ito Pownal and return on the same
day.
Mrs. Hathaway corroborated testi-
Imony concerning the happy relations
ICf the accused man and his dead wife.
She further testified that Mrs. Petit
bone was not in the habit of taking
Imedicme and was adverse to seeking
Ithe services of physician unless
severely i'll. Mrs. Pettibone the vii
mess said, had been subject TO attacks
of indigestion and had at times com
Iplained Of a smothering feeling which
She (Mrs. Pett.bones called heart
disease.
! Dr. c. 5. Buchanan was called in re
buIal by the state and tes ihed that
two or three years ago he had made
a physical examination of Mrs Petit
bone and had discovered no diseased
Organs such as would be disclosed by
an examination. The witness tes il
fled that he was present at the au op.
lsy and that no diseased organic con.
idtion was then disclosed.
/ The defence introduced as a vii
ness Dr. George II, Farnsworth, a
iRutland veterinary, buJ objection was
made by Attorney Genera! Archibald
lWho stated that unless expert testi
mOny were to be introduced the ap
pearance Of a ve erinary in the ca
pacity Of witness would be immater
lal. Attorney Jones, for the defence
stated that he proposed to show that
IL. NJ. c. when administered 10 dogs
about to undergo operation had prov
ed fatal. The court ruled against the
admission of the evidence.
DR. John /. Cochran of Dorset was
called by he defence and testified in
Telation to the after atfec,s upon d
patient who had undergone an opera
ton for the removal OF tonsils. The
witness stated that a patient, in cases
where excessive homorrhage result
ed, would be weak for two or three
weeks. Cross examined by the attOr
ney general, the witness was asket
tha, If patient should undergo al
operation on June / and on June II
should drive an automobile 80 miles
would be considered weak The wit
ness replied in the negative. In tn,
opinion of the witness no mental de
{ preston would follow an operation
, for the removal of tonsils
Miss Nellie f. Hogan was recalle,
TO the stand and questioned in rela
. ton to statements made by Druggis
/ d. A. Ward at the inquest, particular
/ ly concerning The presence of DR.. S
l r, Wilcox, The last witness of tn
rial, Mrs. Lillian Buss of Bennington
was called to show that Dr. Wilco
left Bennington on January 6, 1921
: She was not crossexamined
Following the reading into the re,
{ ord of the statements made by Pett
bone to Attorney General f. c. Arcl