Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1859-01-14
THE COMMUTATIoN OF JONES SEN
TENCE

/
! We mentioned, last week, that the Gov
ernor and Council of Mass. had committed the
death penalty, in the case of the murderer
, Chas. f. Jones, formerly of this place, to i'm
prisonment and close confinement for life.
The reasons which induced majority Of the
Council to advise this course appear in brief
in the following document, which was entered
on the records Of the Council, and will be of
interest to the public. They seem to us
to be cogent and to furnish ample grounds
for the Communication Of the sentance in this
case.
COMMONWEALTH or MASSACHUSETTS
EXECUTIVE DEPARTMENT,
Council Chamber. Boston, Dec 81, 1858
The undersigned, having had under con-
sideration the case of Charles f. Jones who
is now confined In Jail at Springfield in the
county Of Hampden, and who has been adj
judged guilty of murder and was sentenced
on the 9th day Of December A. ID. 1857, by
the Honorable Supreme Judicial Court Of this
Commonwealth TO be hung.--ask leave to
have placed upon the records Of the Council
the following reasons which have led them TO
vote in favor of committing his sentance to
close confinement during the term of his nat
ural life in the State Prison at Charlestown.
We have diligently studied the history Of
his life and career prior TO the commits sion Of
this crime, so far as we have been able and
weighed the varied and conflicting opinions
relating to his alleged insanity, given at, and
subsequently to his trial by learned and skill
full men-experts upon the subject of insanity
we have visited him several times since his
conviction, under different circumstances, and
subjected him TO various tests in order to
satisfy ourselves whether his apparent nsani-
ty is simulated or real, and have made care
full inquiry Of the officers Of the Jail and of
! persons who have visited him, relative 20 his
: mental condition and uniform appearance.
During the first few weeks after his convic-
ton he sometimes appeared wild and frantic,
and sometimes pensve and dreamy His
conversation has, TO the present time, been
only confused and seuseloss iargou lie
now seems lost to all realization of surround
ing objects, and TO all susceptibility Of men
tai influences and impressions. and seems to
exhibit combination Of dcmeutia. Of lunacy.
aud Of diocy. Whether confinement in jail.
or an occasional realization. at lucid intervals.
of the enormity Of his crime, or the practice
Of secret vice, or all these combined and
added to a predsposition TO insanity. have
made him what he now appears--or whether
these appearances arc simulated we will not
4 assume to Judge: although the probabilities
seem to favor tho former hypothesis II, how
ever, he Stimulates insanity according 10 the
theory Of the government at the time of his
trial then it is perhaps the most remarkable
case Of the kind on record aud VIC think it
: will be conceded that the long continued and
successful practice of the alleged illusion
t goes far towarda dissipating that theory.
The life and conduct of Jones up to the
time of committing the murder, bear evidence
of a species of idiosyncrasy approaching the
milder types of insanity; while upon the
subject of religion, at least, he seems to have
been a confirmed monomaniac.
As there are regular and imperceptibly mi
! mute grades Of intellect, from the lowest to
the highest order of intelligence, so there
G may be regular and imperceptibly minute
D grades Of insanity, from the sane to the fu-
s riously insane.-and it would be as difficult
to determine at precisely what point sanity
r ends. or insanity begins, as to determine to
t what specific grade of intellect each person
y belongs. While. then, il would be difficult
4 to determine what is, or was the particular
o grade or type of Jones mental composition
and although. under the then existing law, no
other verdict could properly have been rem
dered. and no other sentence passed by the
court than that which was passed-we think
= it safe to conclude that had law existed at
Z the time the crime was committed, such as
now exists, allowing a verdict Of murder in
n the second degree, punishable By imprisonment
n for lie, such evidence Of monomania, and of
: partially deranged and disordered faculties
q was adduced at the trial. tending to pallate
; in some degree the enormity Of the crime.
= that a verdict Of murder in the second degree
: would have been rendered
And. as the recent law defining degrees of
murder is presumed 20 embody the will of
4 Massachusetts upon that subject, it seems to
US not only safe, but highly proper that its
principles should be applied to the case in
question.
To hang Jones in his present condition
:, would, in our Judgment, neither contribute
to the safety Of the community, nor tend to
vindicate the majesty of the law, or the cause
Of justice. Considering the crowded state Of
the Hampden County Jail, it would seem that
, that county ought not to suffer the inconve-
nionce nor bear the expense Of keeping him
there longer.
We believe that this Council ought to fin
! ish the business before it, and especially this
case, which has received much considera-
ton at on hands, and not subject the Com
monwealth 70 the expense. nor our successors
to the labor Of doing again what has already
n been done By us.
e We have therefore felt constrained to vote
, against the report, referring the subject to the
e next Council, and in favor Of committing the
5 sentence of said Jones to close confinement in
, the State Prison at Charlestown during the
term of his natural life
AUSTIN L. ROGERS,
EDWIN f. jerks,
r l.. NJ. WHEATON.
y FLIPHALET TRASH.
New HAMrsnIRE-Thc Republicans of
: New Hampshire held their State Convention
' at Concord, on Tuesday, and nominated Hon