The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-07-30


and solcmnity, and lasted eleven days. On
f the part of the prisoner, the case was argued
with great carnestncss. candor and ability,
by the Hon. Pliny Merrick, his senior coun-
sci. After denying that the evidence on the
part Of the government was sufficient to
prove that he killed DIR. Pafbman at all, the
counsel took ground that il in any event the
jury should come to the conclusion that he
did kill him, then the circumstances Of the
case were such as to satisfy them that Ilie
, killing could not have been prcmeditated,
hui was the result of an unexpected conflict
between the parties, and Of sudden passion.
, This position he cndca,orcd to maintain
by an ingenious and powerful appeal to the
iIry. The case was closed on the part Of
the Commonwealth by the Attorney Gene.-
al, BY an address Of singular point and cl-
feet After the Attorney General had fin
ishod his al gumcnt, the Court informed the
prisoner that he had the right. which he
might exercise or not, as he pleased, 10 make
such remarks to the jury as he saw fl' The
prisoner rose and for some time addressed
the jury in his own behalf An elaborate,
clcarand comprehensive charge was giycnby
2 the Chief Justice. after conversation with
the other members Of the Court who sat with
him at the trial
The jury retired to their room, and after
an absence of three hours ale Saturday eve
ming, returned into Court with verdict of
guilty. The next Monday morning the pris-
oncr was again brought into Court, and re-
ceived from the Chief Justice the sentence
of the law, which doomed him TO suffer death
by hanging, Mt such time as the Executive of
the Commonwealth should appoint.
In few days copy Of the record of his
conviction was Transmitted 10 the Governor
and Council. by the Sheriff of the County
of Suffolk, according to the direction of the
statute.
On the 2lth of April, the prisoner sent by
The hand of his friend TO tue Governor and
Council, petition for pardon, under his own
hand, OH the ground OF his entire innocence
of the crime OF which lie had been convict
ed, and for which he was under sentence of
death. All proceedings on this petition be-
fore the Executive were suspended, in con-
sequence of having received notice from the
counsel of the prisoner that they were about
to make application to the Supreme Court
for writ of error to be issued in his case,
on account Of certain alleged irregularities,
which had been discovered in the course of
the proceedings against him. That appica-
ton was heard before the full Court, and O.
vcrrulcd.
In the opinion of the Court upon that APP
plication pronounced by the Chief Justice,
all the proceedings in the case are declared
to be according to established Judicial forms,
and the laws of TIE Commonwealth.
On the - day of -, and before the
question on the writ OF error had been set
tied by the Court, the Rev. DIR. Putnam, for
the prisoner, asked to be permitted TO with
draw the petition which had been presented
to the Governor and Council, for further
consideration. This request was complied
with by the Governor and Council, and the
petition, in day or two, was handed to DIR.
Putnam.
On the first day of July, DR. Putnam
placed in the hands of the Governor another
petition, signed by The prisoner, asking for a
communication of his sentence.
On the second day of July this petition
was referred to the Committee on Pardons,
and on the same day DR.. Putnam appeared
before them and made statement, which he
said was authorized by the prisone', in which
the prisoner admitted that he had killed DR.
Parkman at the time and place charged IL
gainsl him, but denied that the act was pre-
medtated. lie narrated what the prisoner
, declared 10 he the manner of killing, and de
| scribed niinutely the mode and process il
which the body of DIR. Parkman was disposed
of after death.
p The prisoner alleges that the " single blow
t with stick of wood two feet long and two
inches thick" by which DR.. Parkman VIA
a killed, was given by him in a moment wher
. " he was excited to the highest degree o
passion" and "while DIR. Parkman was speak
5 ing and gestculating in the most violent ant
}. menacing manner, thrusting the letter ant
II his fist in his face that in his fury he seizeG
!. whatever thing was handiesi, and that vas
@ stick of wood, and dealt to him an instanta
q neous blow, with all the force that passion
!. could give, and thai he did not think, no
I. know, nor care, where he should hit him
- nol how hard, nor what the effect would be-
4 Upon this statement. and upon the othe
,r facts proved upon the trial, DIR. Putnam al
dressed the committee at length, in an abl,
d, and impressive argument, in favor of com
mutinI the sentence Of the Court. A pei
i ton from ,he family of the prisoner was be
4 fore The committee, and large number O
!, oher petitions some for a full pardon. an,
others fo- a commutaion, were in the hand
!. of the Committees Nloil OF these petition
were from people, men and women, in othe
n. states, and geuerally placed their petition
Il for remission or mitigation of the sentence
on the ground Of the great doubts Of the pri'
oncr's guilt. The committee gave three hear
i ngs ailer the meeting at which DIR. Putnm
addressed them. and listened TO those VIII
. desired TO be heard in aid of the prisoner