Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-07-29
FIGHT IN PET1|DONE CASE
Legal hattie Dev eiope over the Admits
stbiiity of Respondents Alleged
Confessions

sOUIrSSOnS
Manchester. July 22.-The big fight is
on in the trial Of Byron M. Pettibone for
wife murder between the opposing counsel
as to whether or not the alleged confess
sions made by Pettibone before his ar
rost shall be admitted as evidence. On
this point. perhaps, hangs the Ito of
the respondent and his attorneys are cvi-
IDENTIFY going TO make a stiff fight to keep
the confessions ont Of the evidence.
The crowd has gathered in ever increas-
Ing numbers daily and this afternoon
filled every nook and corner, including
aisles. lawyers room. judges room and
the open windows. SO great was the con-
gestion down tho center aisle over a heat
uS register that a hoor jois, which
had been rarity sawed away when tho
hcatar was put in within a few years
broke and the door settled several inches.
Just what prpvented a collapse Of the
entire floor and the probable de.th Of 10
people u difficult Of conjecture. The
court house was built in 1Sn a brick
structure. and perhaps was never Intended
to hold such tam Of people as forced
their way In to-day. The floor will be
brought back into place and securely sup
ported before the trial is resumed to-
morrow
Before court convened this afternoon.
Judge Wilson had taken up the matter Of
determining this confession with the at
to-ncys and decided 20 havn it heard in
open court with this jury excluded Ac-
cordingiy, promptly after court convened
sho jury was sent out Of tho room
Tho question Of a6mssibiuty Of the cor
fession WIS the one TOPIC before the court
tns afternoon. The prosecution first Of
fored statement OF a confession made by
the respondent to Attorney General Archi-
bald on June 16. Miss Nellie Hogan. a
sten og- apher who took down the confess
sion e shorthand and Transcribed the
notes was called TO tho stand and identi
eicd the document Snc was asked u read
such questions and answers as would tend
TO show whether or not the confession
was made under threat or durees or With
any promises Of .enlercv, MISS Hogan
stated Iutt this confession wa: made n
the presence of Attorney Genera A-chi-
bald, Deputy Sheriff Shannahan and her
self
n" prosecGnca also entered tn con-
feesion made June II to Attorney Collins
n. Graves in tho presence Of Chief of
Police Patrick Brazil. Jaues II. Wood,
T. G. Brown ard i stenographet.
Miss l.eona Evers, CIR p!ovod rs stcncs-
raphe- by the Wood Detective Agency
was called to the staad and Identified the
transcript Of the notes she had taken
during the session from II 80 to five
o'clock June Il, when Pettibone vas in
the presence of the ;wo detectives at the
court house. Later developments showed
that during this interval Attorney Graves
had Miss Helen Outflow before Judge
Meagher for the purpose of learning what
| he could from her. 1t seems that the
attorney had issued subpoenas for both
to appear before Judge Moagher anc
while he was before the Judge with Miss
Outflow, he turned Pettibone over to the
detectives. Pettibone was not taken be
fore the Judge for inquiry for AS before
they were through with Miss Guilov
| Attorney Graves was called over to tn,
/ court house TO take the confession o.
Pettibone above referred to. In bringing
out these facts there was some fire o.
| questions and answers with Attorney
Graves on the stand and Attorney Jones
/ Of the defense asking the questions
| During the time Mr.. Graves was on tn
stand it developed that at a period sub
/ seduent to the making of the alleged con
! fession Pettibone was in the office o
| Attorney Graves and Chief Of Polio
| Patrick Brazil said to Pettibone:
Byron, why did you do it?''
II don't know" replied Pettibont.
You had hell of fine woman" sal
Brazil.
II know it," said Pettibone. but it /
| too late now"
How long did you carry that bottle il
your pocket" asked Brazil.
"Oh. three days or So" Pettibone an
swered.
y, . a,i
at Dan Wards drug store. Dan, ddn'
know about it,
Brazil also said, according to the wit
ness:
| Didn't you want the other woman"
mo she is innocent" Pettibone an
swered.
1t seems that on one of these occas
ions when Petubone was in Attorne'
Graves office and Miss Outflow was ii
Judge MeaGhers office Pettibone re
pcatedly asked il Helen had broke
down yet.
Attorney Jones made every effort Il
bring out that some severe third de
gree methods were employed by tn
detectives on June 18th, but as a sor
of anti-climax to his efforts and afte
he had finished his questioning of AT
torney Graves. Attorney Archibal
asked Mr.. Graves just what his in
structions to the detectives we're OF
that day and Attorney Graves said
ITO treat him gentlenarfy, to trcn
him kindly. and to make no promise
or threats OF any kind. So far AS
know they werc followed absolutely,
TIE prosecution furnished the de
J fensr copies of tn, several transcript
for study over night and tho fight q
the ndmissa b0iey of ali OF this matte
, before the jury will continue to-mor
ro~ morning.