The Barre daily times. (Barre, Vt.) 1897-1959, 1921-11-03
LONG'SLAWYERS
PLEAD RE-TRIAL
Notorious Broadwell Muir
der Case Rehearsed in
Part
SUPREME COURT
HEARS EXCEPTIONS
Points on Which
Defense Hopes to Secure
New Trial

Arguments before the Vermont SUI
preme court on the exceptions of the
defense in the case of State vs.. George
A. Long Of Barre, now serving q sem
tence in states prison at Windsor on
a finding Of guilty of murder in the
second degree of Mrs. Lucina Broad :
well Of Barre, was begun yesterday
afternoon and completed this morning.
Long win probably appear before the
supreme court when their opinion y
handed down. States Attorney Fred B.
Thomas said yesterday.
J. Ward Carver and Alland G. Fay,
counsel for the respondent, argued on
16 exceptions, of which seven were
taken during the course of the trial
and nine to the judges charge. The
first exception was to the exclusion,
when first asked, Of question put to
the states witness June Q, Wood. a
detective, as to how much he received
from the state for his work in con.
nection with the case. To this, Fred
b. Thomas. for the state. answered
that there was no error in excluding
the question originally, as the bias OF
the witness could only be shown in a
general way. and that as the question
was later allowed and answered, the
respondent was given the full benefit.
The second exception concerned the
offering and acceptance in evidence OF
handkerchiefs in which knots had been
tied by Long in the presence OF the
states witness, Wood. for comparison
with a knotted handkerchief found
about Mrs. Broadwell's neck. The state
held that this evidence was analogous
to comparison of footprints in other
ca ses and that the weight and value
Of the evidence were questions for the
jury.
The third exception was taken to
an alleged shorthand record Of state
ment alleged to have been made by the
respondent in the presence OF wit
nesses Wood and Lawson of the state.
1t was claimed that this statement
was not admissible because the respond
ent was practically under arrest and,
therefore, bis statement was not vol
untary.
The Handkerchief Witness.
The exclusion Of testimony tending
TO discredit the states witness, Barron,
who testified that Long obtained from
him handkerchief found near the
body of Mrs. Broadwell was the sub
ject OF the fourth exception. The
states reply was that the testimony
was collateral matter and that its ex-
was matter Of discretion with
the court.
The testimony Of Eva Dow. a wit
ness for the respondent, to the effect
that Mr.. Broadwell. husband Of the de-
ceased had had illicit relations with
her about the time OF the murder, Of
fered to show motive for Mr.. Broad
welr scommitting the crime. was not
received in the county court trial, and
an exception was taken. The state
held that this also was matter Of
discretion and that no train of cireum
stances connecting Mr. Brosdwell with
the murder had been shown.
The courts exclusion Of testimony
Of Rose Gibbons for the defense as to
seeing strange men hanging around the
Broadwcl house more than two
months before the commission Of the
crime was the subject of the sixth ex-
ception. The states answer was the
same as to the fourth exception. with
the added circumstances OF remoteness
Of time.
The seventh exception was also 20
exclusion OF testimony of Rose Glib
bons tending to identify Mr.. Broadwell
with the commission of the crime.
This concerned statements made TO
Miss Gibbons by Mrs Broadwell about
a week before her death to the effect
that strangn men were following her,
and the state answered that IL was
hearsay.
Exceptions TO the Charge.
The exceptions 10 the charge con-
cerned instructions about confessions,
admissions, and statements; the diff
ference between reproduction OF state
mcnts orally and in shorthand; in
structions 20 consider the purpose of
the respondent in purchasing an auto
mobile and the use made Of the car
the extent Of instructions concerning
the fact that the non-appearance Of
the respondent on the stand was not 20
be taken against him; demonstration
Of the conflicting theories Of the state
and the respondent as 10 the place
where the crime was committed; men
ton Of the states claim that Mrs
Broadwell lost her life while resisting
an assault: the courts explanation Of
the ruling out Of a letter written by
Mrs. Broadvell to Grace Grimes; in
strucsions that II murder was commit
ted in an attempt AT RAPE. il Was frst
degree murder. and finally 20 the
courts instructions in regard TO pre-
sumption Of innocence IN favor Of the
respondent and presumption Of the