The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1920-07-23

fence also contended that Pettibont
had been summoned to appear before
the detectives by trickery and that
it was easy to read between the lines
and see wherein the alleged confess
ion had been obtained by unfair
methods
Yesterday began the big fight as
to whether or not the several confes
sions made by Pettibone and the rec
ord of the session which detectives
James r. Wood and E. c. Brown OF
the Wood detective agency of Boston
had with Pettibone on June 18th would
be admitted as evidence Much to the
satisfaction of the enormous crowd
gathered in the court room Judge
Wilson decided to have this matter
threshed out in open court with the
jury excluded.
After court had adjourned it was
learned that the floor of the court
room had settled about five inches ow-
ing to the breaking of a floor joist
where it had been cut into within a
few years when a new furnace was in.
stalled. The break and the settling OF
the foor was evidently gradual and
fortunately the floor did not break
through. Had the floor collapsed up
wards of two hundred people or as
many as The court room could hold
with seats and standing room crowded
to the limit, would have gone down
and catastrophe would have re.
suited.
At the outset of the session the jury
were sent from the court room and
the State proceeded to present for con
sideration Of the court three separate
documents which are explained TO be
the confession made to Attorney Gen
eral Archibald on June 10th, and con
fession made to States Attorney Col
Inns NJ. Graves in the late afternoon Of
June 18th, and the record of the ses.
sion with the detectives from 1880 TO
5 o'clock on June 18th.
Miss Nellie Hogan, tencgrapher
for Attorney Graves, was called to
identify the confession made to Attor-
ney Archibald Miss Leona Eyers, a
stenographer in the employ Of the
Wood detective agency identified the
confession made to Attorney Graves
and the minutes of the long ses.
sionP The pre- esecution proceeded to
have various questions and answers
read from different pages of these
documents tending to show that the
confessions were not made under
duress threat or with any promise OF
leniency. On the other hand Attor-
ney Joseph G. Jones of the defense at
tempted on cross examination of the
witnesses including Attorney Graves,
who had been called to the stand by
the state, that the opposite was true,
and that the confessions were secured
following a severe gruelling and reat-
ment OF some nature that induced
Pettibone to break down and make the
confession.
The evidence presented tended to
show that Attorney Graves had issued
subpoenas on or about June 18th for
the appearance of Pettibone and Miss
Helen Gullow before Judge, w. j.
Meagher for purposes of inquiry. 1t
seems that on June 18th Attorney
Graves had Miss Guillow before Judge
Meagher at the formers Office under
inquiry during the hours that Petit
bone was being questioned by the de
tectiyes at the counV court house
across the way. That it would seem
also that Pettibone was not brought
before Judge Meagher as before the
time that Attorney Graves had finish.
ed with Miss Gillow he was called
across the road to take the confession
of Pettbone.
In attacking this evidence Attorney
Jones tried to have Mr. Graves admit
that the subpoeanas were ISSUED not
for the purpose previously stated but
in order to get Pettibone into the pres.
ence of the detectives. Questions and
answers waxed hot on this point. At
the same time Attorney Jones was
trying TO indicate or have Attorney
Graves admit thai Pettibone was put
through severe third degree" methods
to bring him to the point of confess,
ion
Some suggestion Of what may appear
in the confession is found in some
questions and answers given while
Mr. Graves was on the stand.
Mr.. Graves was asked by Attorney
Jones if he had had any conversation
with Pettibone when the detectives
were not present. Attorney Graves
sad that he had, that he thought Miss
Eyers was in the room, asleep on a
couch, and that Chief of Police Pat
rick Brazil was present.
81 asked him." meaning Pettibone
said Mr., Graves, "if he recalled my
using the word strychnine when
meant the word poison, and he jumped
out of his chair about five feet"
At another time when Pettibone was
in the Office of Attorney Graves, and
this was evidently after the confes
sions had been made, Patrick Brazil
said to Pettibone, according to the
Testimony of Mr. Graves.
Byron, why did you do it?" %
don't know" said Pettibone.
you had a hell of fine woman,
said Brazil.
81 know it, said Pettibone, but II
is too late now"
1t would seem that this might have
been shortly following the first con
fession and that Miss Guillow was still
( in Judge Meagher's' office, as Mr.