The Barre daily times. (Barre, Vt.) 1897-1959, 1920-04-07
States Atty. Davis Says
Evidence Tended to Show
Hale Looking for Trouble
DID NOT FOLLOW ACTS
OF PRUDENT MAN
Attorney Carver Describes
Hale's Acts After Shoot
ing Not discriminating

of Middlesey, charged with the murder
of II. Lester Morse, the state rested
and arguments were begun, following q
conference at bench. The respondents
introduced no rebuttal.
T.. r. Davis opened for the state, j
Ward Carver and w. A. Lord followed
for the respondent, and F. c. Archi-
bald, attorney general, closed for the
state. Many exceptions were taken by
the respondent to the exclusion of tes-
timony relating to the character" of
Morse and Hale.
f. R. Davis, who opened the argu-
ments, asked the jury why Hale did
not go back to Morse, unless he was
satisfied well as to the result of his
efforts. He argued that Hale and Carr
are the only persons that saw Morse
have a gun. and that they might be
mistaken as to what Morse had He
called the jury's attention to the state.
ment that Hale made at the Monroe
house, relative to threats being made
against Hale by Morse, or anybody
told him OF any, and how the defense
had endeayored to eliminate that testi.
mony. Further. he argued that the
evidence tended to show that Hale
went to the sugar bush looking for
trouble and that he did not follow the
acts of prudent man at all times in
connection with the matter
Mr. H.
dent did all he could after the shoot
ing took place, featuring the fact that
Hale did not try TO cover up anything,
but gave the authorities all the help
he could, telling them he was there,
and there was the situation. Hale knew
the character of his assailant, and had
reason to fear Morse. He argued that
Hale's actions indicate that he did not
intend to kill Morse. He argued that
Hale was in the sugar place within his
proper rights and was afraid of Morse,
and that Hale shot, not thinking OF
murder or to kill, but to protect him
self, and he used the only force which
seemed TO him safe TO protect his body
md his life. He also argued that trou-
bic did occur relative To the signs
md Morse was in such frame of
mind Feb. ! that he did not care any
hing for the courts decision about the |
and, nor any result that might occur |
rom the fracas which took place
III Hale had not fired, what would
ave been the result?" inquired Mr.
'arver.
He argued that Hale went to his |
wn property on a lawful visit and that !
Ie created nothing TO produce any ami
Mostly, carrying his gun as he had a
light 10, and he was assaulted by a
nan, whose character he knew, with
he fork. He did no act of aggression
ntil his life was in danger
George r. Barber. undertaken, was
he first witness this morning. He tes-
itied he removed the clothing, and told
that was found-money, tobacco and
ards, but no weapon.
+. II. Tracy, county sheriff, testified
g went into Morse's house. searched
and found no revolver. but found a
life, which was presented in court. Tes-
mony was excluded tending to show
hat II Morse had intended any harm
D Hale he would have taken the rife
istead of the fork which he had at
he barn.
Mrs. Lucy s. Morse testified that
n her way to the site of the murder
er son walked in a medium walk and
ID not at any time hurry his speed.
The arguments Of W. A. Lord and {
p. c. Archibald occurred this after.
Don. Mr.. Lord commenced at 1880 ,
clock and was followed BY Mr.. Archi-
aid, after which Judge Chase charged J
he jury
The defense rested in the case Tues. I
ly afternoon after some character" {
'stimony was introduced 10 show that
Iorse was a dangerous man. The !
ate was not ready 10 take up the re- G
ittal testimony and h. y. Stewart 7
I'd Philip Hornbrook were called but
ley could not be brought to the court q
'om during the evening, so that ref '
SIS was taken to this morning. Last
.ening the jury attended the movies
ID it was interesting 10 note that the
ature picture was a shooting affair r
Arizona.
Hale was very quiet in his replies to
e inquiries Of the attorney general in
oss examination Tuesday afternoon. d
E took the cross questioning in fine I
ape and did not lose himself TO >
" extent The general opinion among {,
ose present was that his original ,es- A
nony was not shaken much in the n
pss examination, although at times :.
e attorney general had him in close i
aces to explain his actions. a
In reply to Mr.. Archibald. the wit
IS said he was cool and collected and n
( excited. He was not SO excited q,
I that he could observe what hap Al
ned as Morse was coming up the
tn Mr.. Archibald pressed the man Al
-ther and he testified a man had 10 -
under great strain At that time He M
aid not say certain which way Morse :,
4 the fork. He demonstrated how n
held the gun. first making sure the
n was not loaded and told the at
ney he was paying more attention
Morse than 70 the gun but seeing
1.-THE gun was pointed at Morse N
on the plan Of the site h. showed
jury where he stood and where
lrse was. He testified he did not
nk to shoot at one side of Morse "
in reply to whether he shot with 81
stopping - think. there was some %
sion and the court dirreted Hale % %
~ to the questions. He wss not 81
nv when he saw Morse coming He en-
q no une can tel Just hcw q person
unless plsced in the sane position. q,