Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1847-01-07
VERMONT wATCHMAN & STATE JOURNAL, JANUARY T. 1917
CAPITAL Punishment.

One of the strongest arguments upon this sub
iect, which we have ever seen, has been drawn
from the conduct of Eugene Clifford, who was
tried for murder in franklin County in 1s43.--
We extract from an article in the Law Rcpor-
ter written by gentleman of this village:
The case of Eugene Clifford, native of Ire
land, who was tried at ST. Adams, VT, in April,
1913, for the murder of his wife and child by
drowning them in pond, in the neighboring
town of Fairfield is, to my mind, equally con-
elusive upon this point The Legislature of Yer
mont had, at the session previous to Clll1ord's
trial, passed an act, snspending the execution of
all, capitally convicted, for one year, and until
The Governor should issue his tCdrrdnt for The ere
cttion. This last provision was new in this State,
although common to most of the other States
and was supposed to give the Governor an abso-
lutte discretion, whether the sentence should now
be executed or not. This construction is the
common construction in this State, of that act, to
the present days however singular such con-
struction might seem in other states where such
a provision substantially has always existed in
regard to the Governor issuing his warrant
Clilord's counsel, and the states attorney, had
fallen into the still further deluson, that, under
the late law as it was made the duty of the court
to sentence one convicted captaly, to imprison-
ment for ono year, in the State penltentlary, that
| the sentence Of death was virtually abolished
! This impression was very general, at the time,
when the court convened for the trial OF Clifford.
This fact had become known to the prisoner. The
trial proceeded for two days, through painful
detail of circumstantial evidence, which finally
became Of the most conclusive character. Dur
ing the whole trial, even the exhibition OF the
clothing of the deceased, showing evident marks
Of violence, the prisoner seemed the most un-
concerned almost Of all the persons present.
And 50 he remained until the arguments in the
case we're closed
But when the presiding judge who charged
the jury, informed them that there might be
doubts IN regard to the penaty OF death being
repealed that, as he then viewed the law, should
the prisoner be convicted, he might not only be
sentenced to death, but would, probably, in the
due course of the law, suffer DEATH unless the
legislature interfered and that lii passing upon
the case they must consider the magnitude OF
the result of their verdict, ard give the prls-
oner the benefit of any doubts that might arse
from such, or any other considerations, connec-
ted with the case, the course Of things seemed
entirely changed, The prisoner was seized with
a sudden and unaccountabe paleness and aglta-
tlon--the spectators, in the court room parlook
also of the deep feeling of awe, and SO Of those
about the village as it become known. Ana
what had been I'LL then q common everyday at
fair, trying a man for a state prison offence be-
came subject of deep and thrilling interest
men looked thoughtful and solemn-and SO the
matter remained till the close OF the trial. and
the conviction of the prisoner.
The question of the proper sentence TO be pro-
nounced by the court, was argued by aOIe coun-
sci, very much at length on both sides, and inal-
y dee rmned, to the apparent satisfaction OF ali,
that it must be to suffer death by hanging, as
soon as might be, in due course Of law, after the
expiration Of one year; and in the mean time TO
be confined in solitary imprisonment IN the state
prison-leavng it to the executive whether, or
when to, fix the time for execution winch before
had been done by the court in this state
Clifford was so impressed with the awiulnoss
of his impending fate, that in his solitude he
cnunted out the dreary days, one by one, even
to the last, and made the fullest, and humbest
confession of his guilt, unsolicited, and with APP
parent meekness aud humility, and sincere peni-
tence, prepared himself to die, at the termlna-
ton of the year. But the governor did not care
to take the responsibility Of issuing his warrant
and time passed on, and the sentence has not
and undoubtedly will never be executed. On,
ford has h.lcnp.e GALLONS mud careless again, ana
now protests dis entire innocence, and is clam.
orous, it is sad 10 be taken out of prison. The
legislature have since passed an explanatory act
making it the duty Of the executive to issue .
warrant, within three months of the expiration
} of the first year, fixing the time OF execution. -
But this of course does not affect Cltiord's case
Thus the matter rests If in the face of suct
facts one can believe that Imprisonment for life
= is more terrible, as a punishment, than death
as effective in preventing crime, then they vii
not believe, though one rose from the dead.
A,,,,,