Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-11-04


the son. He wished to ask of Mr. Woot
was guilty of murder.
Mr.. Wood replied that he thought b,
was, and that the other two Plumleyl
were equally as guilty of murder. Tha
the verdict was a compromise resulting il
verdict of murder against Horace K
Plumley, are verdict Of IN inslaughter a,
to his father and brother. Mr.. Wood fur
ther explained circumstances connected
with the cost, and the charge of the judge
to the jury.
Mr.. Edson of Mendon, said that the
judge distinctly charged the jury that il
they found one guilty of murder, they
must all be convicted of the same offence
that they had great difficulty in empan.
neling jury to try the case, and i,
WAS only after several efforts that they
succeeded.
Mr.. Hinckley of Chelsea, said it ap-
peared from the statements made before
the House that Horace X. Plumley il a
man below mediocrity, and he under
stands that the Chaplain Of the State
Prison had said that be regarded him
mentally below par, and be thought no
particular credit would accrue to the
State by hanging fool
Mr. Joyce Of Rutland aid he stood in y
peculiar position, having bsen council Tor
the PlumleyA o. lilo tsIli, aud now called
upCI - act on the question az a legislator.
lie believed, however, he could act in
accordance with his oath and vote for the
passage Of this bill. He beloved that the
statements already made were true, that
nine..enths Of the people of Rutland
County are ia favor Of committing
the sentence. This wa- not "A precedent
ia future cases, as each case In1s. stand
on its Own merit. Case4 have already
arisen Ceip.e shc Legislature. but in
every one of them there had been some
particular feature applicable 10 that case
alone. He believed that the act of shoot
ing WAS wholly in seli-defence, and he
bad labored TO make twelve men believe
as he did, but only nns OF them was 50
convinced. He then reviewed the facts
in the care as appeared on the trial, and
urged upon the House ;aa, IL yiew of
those facts IL wGs uGt au act OF justice 10
Horace Il. iIunley TO commute his sem
tence to the same ar that ~ his father aud
brother, who we're equally or more guilty
than Horaoe-impri-oument for life. He
said there was no doubt about the facts in
the case. The Chaplain OF the State
Prison had said that he was a man below
par, and never ought to be hung; that
the Judge who sentenced them had said
that the sentence os Horace ought TO be
commuted, and had promised to make
statement 10 the committee If he was
here. He thought this Just one of the
kind of cases ingended 10 be reached by
the provisions of the Constitution.
Mr.. Wheelock of Berlin, wished to be
informed if it was regarded by the people
IN Rutland county that Horace X. Plum
ley was a fool.
Mr.. Wood of Fairhaven, and Mr.
Hirckly of Chelsea, said that they did
not regard him as fool, but as a man be-
low mediccrity, and not on par with
other men.
A. C-nG4I 81 Arlington. said he
must be governed, not by his sympathies,
but by a due regard for the good of the
State, Ia securing the execution of our
laws. l. the fact wa, as had been stated,
in regaid to the responsibility of this
man, it would have been made TO appear
on the trial, and would have been taken
into account in making up the verdict
If he was not responsible for his acts, he
ought not 10 be hung but If he was ro-
sponsible for his acts, and was guilty OF
murder, the sentence of the court ought
not to be interfered with. He Thought
the provision of the constitution WAS IN
tended To apply 70 cases where some new
testimony had been discovered that would
the crime. A. the ease now
-tand- he must vote against the bill. rs
he had seen no reason for reversing the
OF the law.
Mr. Bali of Hancock, appealed to mem
bers to make the case one for iInmediat-
action; if Horace r. Plumley nov stood
before the House on the gallows, and one
vote would save him from death and COM
mute the sentelce TO imprisonment for
life, he thought that vote would be read
ity given.
Mr. Nichols Of Dandy, said he had
read the whole testimony in the trial,
and came to the conclusion at the time
that Horace r. Pllmley ought not to be
hung; that if he was, a whole neighbor-
hood ought to be sent to State Prison for
life. He should favor the commutation
Of the sentence asked for in the bill
Adjourned.
Joint Res0luti0n.-From ,he Senate, pro-
vidiDg for Joint ASS mbly this afternoon
to hear the report OF the committee APP
pointed to canvass the vote for County
and Probate officers, and also 10 elect
three Trustees of the University of Yer
mont and State Agricultural College.
Mr.. Wheelock moved TO amend by adj
ding also three Trustees of the Vermont
Reform School, which was rejected the
resolution was then adopted.
William 2. Chamberlin, the representa-
tive elect from the town of Reading. hav-
ing presented his credentials, was duly
sworn and took his seat.
Reports s-From committe con judiciary, !
in favor of House bill to amend an act
entitled an act entitled "of levy of exc
cution," with amendments, which were
agreed to and the bill ordered to third |
reading; ayes l03, nays 43.
From committee on judiciary, against
House bill in amendment Of section q, |
chapter S3, general statutes, relating to
lease lands; third reading refused.
From committee on Judiciary in favor
IF House bill in amendment of section ., \
chapter lS. general statutes third read
ny ordered.
JOINT ASSEMBLY.
The Senate came into the hall cf the |
House Of Representatives and Joint
Assembly was formed 10 hear tho report
II the committee ~ canvass the votes for |
County and Probate officers, and il necss-
'ary, 70 complete the election Of said
,fiicsrs, Hon. George w. Headee, Prssi-
1ont of the Senate, la the chair, and Geo.
Nichols. Secretary Of State, Clerk.
Bsnstor Farnham, chairman VI the can
vassing COMMITTEES. through tho clerk, Ts-
ported tho persons who had been found
ialy elected - tho several County and
Probate ohid1E The names Of thoss elected
have heretofore boon published In the pa
pers of the State.
Tho following elections were made 70
Ill vacancies in the list Of Justices Of the
Poace:
Stannard--Joseph Blodgett.
BloomRsld-Willism Burbank.
4ranbv-RAlDh r. Lea and Marcua & Il