Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-01-01
STATE PLAYS TRUMP
CARD IN DALEY CASE

Accused Mans Car and Bro
ken Lip Found at Scene Of
Fatal Accident to Hazel Rugg
Last September
That Edward T. Daley. the man charg-
cd with running down with an automobile
and causing the death OF Hazel Rugg on
Shelburne road on the night Of Septem-
her II, last. was at Queen city Park with
his car Mt about dusk that night was the
testimony Of 15-year-old Wesley Merrill.
who lives at the park, and who saw Daley
standing in front of his automobile near
the Daley cottage just as 1t was growing
dark. The headlights of the automobile
were on. according to the boys testi-
nony. He was sure the man he saw was
Daley, the taxi driver.
The testimony Of young Merrill was the
closing link in the chain of circumstan-
tial evidence which Attorney General
Frank c. Archibald and States Attorney
Allen Martin have been welding for the
State during the past two days of the
trial of the case against Daley In Chit
tenden county court Following the in
PRODUCTION of this testimony, just before
five o'clock yesterday afternoon. the
state rested it's case. Attorneys Rufus
r.. Brown and Matthew q. Leary stated
that they would be ready to open the de-
fence at 900 O'Clock this morning.
! Interest In this case increases as the
evidence advances There was even a
larger crowd in the court room yesterday
than the day before, every seat being
taken and the aisle at the main entrance
packed. The womans section was also
| filled to the limit There were no less than
| $50 people in the court room during the
afternoon, exclusive of the parties con-
nected with the case.
Testimony yesterday centered about
the broken fender or mudguard. the chief
clue leading to the arrest Of Daley. The
broken zip" or apron Of the mudguard.
/ found in the road near where the girl
was killed, entered the case yesterday
morning as States exhibit No. 3, while
the fender from which the lip was said
| to be broken came in as States exhibit
No. s. There was considerable opposition
to the admttance of these exhibits. At
torney Brown for the defence claiming
that there was no objection to admit
ting the mudguard in connection with
the car itself, but that It should have
been left on the car not detached and
brought into court in that condition
Judge Moulton ruled that the mudguard
be admitted as offered and the defence
was given exception
There seems to be no question about
the fact that the lip OF the mudguard
which was produced in court belongs or
the fender which is in court and that this
fender is a part OF Daley's car Daley
himself has admitted these facts. accord
ing to the testimony of Police Sergeant
John Ryan. who was in charge of the
station when Daley was brought in b,
Officer w. G. Collins the night of the
tragedy
Sergeant Ryan said that he asked Daley
If the car. which was IN front Of the sta
ton at the time. belonged TO him. ant
he said it did. The police officer ther
questioned Daley about the piece which
had been broken off and was there IL
the office and said that it belonged OF
his car. Sergeant Ryan also testified tina
Daley told him he had been in Willistol
that night and had stopped at the hom
of n man named Casey. Later, he ha'
called somewhere else, at some place TN
sergeant could not remember Attorne.
Brown, on the cross-examination, aske'
if Daley had said anything about bein
in Richmond that night, as well as WI
liston. The sergeant could not remembe
that Daley had said anything about that
Police Officer w. G. Collins who al
rested Daley the night of the nth O
September, told of receiving his order
to look out for a car with the mudguar
lip gone. and Of searching the variou
garages in the city and other public part
of the city until he found in front OF tn
lunch cart at the corner OF Main stree
and South Winooski avenue the ca
, which seemed to correspond to the on
for which he was searching.
; He located this car about 1913 O'CLOCK
Going inside the lunch cart, he foun
Edward Daley and his brother gettin
lunch. The officer asked Daley if the ca
: standing outside belonged to him. Dale
said 1t did. Officer Collins asked him whs
he had run into that evening. and Dale
: said: Nothing" When asked II anybod
> else had been driving his car that ev'
ming, Daley replied that nobody had. ths
e he had been driving it himself. Whe
Daley was through eating, Officer Collir
I took him in charge and. In company wit
Officer Miles, Daley drove his car to II
police station.
= STATE PLAYS TRUMP CARD
4 1t was at LIES o'clock yesterday mori
ing, while Chief of Police Patrick
e Russell was on the stand, that the sta
4 played the long-expected trump card
r the form of introducing to the court roo
/. the mudguard from which the lip ha
: been broken. The broken part had bee
= produced earlier in the day. Sheriff JAIME
= II. Allen brought in the mudguard, whic
d it was testified. had been removed fro
e the left side of Daley's car.
h Chief Russell testified that the mu'
: guard was in the same condition as whe
& it was brought to the station on the ca
: Attorney General Archibald then move
e to introduce the mudguard and the broke
o lip as evidence. Attorney Brown for II
e defence objected as noted above, and wa
overruled. The mudguard and broke
& part were then placed before the jur
e members of which gathered aroun
$ together with the lawyers and the judg
.-..l.