Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1839-06-25
RECTOR'S TRIAL.

The Saratoga Sentinel Of Tuesday last con-
tains full report of the testimony taken on Rec
tors trial, which closed at Balstou Spa the eve
n,ng of the 9th inst. We have room only for
the following extracts -
The prisoner, Thomas Rector, was indicted in
the county Of Albany for the murder of Robert
Shepherd on the morning of the llth Of March.
1888 he was tried in the court Of Oyer and Ter
miner of that county, at the April term, 1888, and
found guilty on that charge. The conviction was
removed to the Supreme court, and trial or
dered which by the consent Of the counsel, was
directed be had at the circuit court in The county
of Saratoga.
The cause was called on "Wednesday the 26ih
Of May. Five jurors were empanne led on that DAY,
when the whole number in the box being exhaust
ed the court ordered the sheriff to summon thirty
six talcsmen 10 appear on the following morning at
o'clock.
On the 30th Of May the talesmen appeard, and
the remainder Of IKE jurors were drawn and
sworn. The counsel for the prisoner challenged
fifteen jurors peremptorly were excused by
| the court on account of i'll health and thirty
one were set side by the trers challenge TO The
favor, interposec by the counsel for the prisoner,
or by the district attorney. The following are
the names of the jurors David Hodges, Lewis
Stone, Lansing Holmes. Joseph A. Sweet. Prodon
Elmes, George Thompson, Henry Patrick, John
Rouse, Charles Patrick, Sylvester Boud, Thomas
Arnold, jr. William Mitchell
The testimony having been closed, tho cause was
summed up TO the jury with ability by +. A.
Tsllmsdge and a. l.. jordan for the prisoner and
by r. w. Peckham and the attorney General for
the people. The arguu,ais occupied nearly three
days. The prisoners o7bnsel insisted tina. the
: homicide either excussble or jus6able, and al
most it was not above the grade Of manslaughter
~ IL Z. ..1aAt lao
circumstances under which the offence was com
mted are such as TO justify jury in finding tia
} it WIS perpeiratcd by an act immnenily danger
Gus to others. and evlncing deprayod mind re
> gardless Of human lie. and thus murder.
The discussion on both sides took wide range
embracing the whole law Of homicide, and the pro
visions of the Revised Statues 10 relation thereto
At about nine o'clock on Thursday morning
$ June 6ih) his honor Judge Willard commcced HI
charge TO the jury. and concluded at about hall pas
d IL. The charge embraced an exposition of ID
: lax Of homicide. far as il had any relation t
the cause trial, and summary review Of III
V facts proved. lie presented to the jury the im
D. portsnt questions which arose in the CASE aud stat
u cd TO them among other things tLat If they believe
u the prisoner gave the deceased but one blow or
II they had reasonable doubts that question, tb
e offence would probably be msnslaughler in the
Il ond degree. Bu, if the jury believed from The e'
idencc, that The prisoner gave The deceased t~
q blows the offence would be murder; unless III
Is jury were satisfied that toe provocaiion was such
J. to warrant them in mitigating the offence to maj
Slaughter. The judge ruled that msnsleughter
the first degree was not applicable 10 the case
The charge wss one Of the most able and lac
., that We ever listened to. and than susisIns
as the previous high reputation Of Judge willard.
G. The jury retired AT half past III a. NJ. Of
a. came into court at p. NJ. with verdict. gHil
o. Of granddaughter In hs Second dsgree. lie will
cf taken 10 Utica at the next term Of supreme eoui
which is IA Jply. in order to be sentenced. II
punishment is Imprisonment IN the state prison ifo
as to years.