Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1869-11-05
SENATE.


was referred to the committee under the ith
joint rule
Joint resolution-By Mr. Benedict. appointing
joint assembly at go IN. to-day, Oct. 9th.
TO hear report Of einvassing committee on votes
for county and probate officers and TO elect trus-
tees Of State Agricultural College; adopted
Bills introduced and referred-By Mr.. Dale,
Incorporating the Island Pond Academy to
committee on education.
by MIR. Hall, providing for the establishing Of
true meridian lines, and to regulate practical
surveying in this State; to committee on printing
By Mr. Copeland. Incorporating the Middle
town Spring Company; to general committee.
Mr.. Dewey Of Washington pi presented the me-
mortal Of the clergy and laity OF the rotestant
Episcopal Church, assembled in convention At
Rutland, June 2i and Sd, 1869, which was read,
and on his motion was referred 10 the iu liciary
committee, and $50 copies ordered to be printed
for the use of the Senate.
The Governor transmitted 10 the Senaie the
report Of the Commissioners on River Fisheries,
which, on motion Of Mr.. Farnhsm. Was ordered
10 lie, and $50 copies to be printed for the Of
the Senate.
On motion Of Mr. Ladd, 5 2l, relaiing to
change Of site Of State Prison. WAS referred 10
select committee Of three Senators.
Senate bills referrrd-7. in eudment Of
chap So. G :, entitled, - Of the Grand List;'
to judiciary committee
10. in amendment Of sec. g. chap s3, @ S.
relating to the Grand List; to judiciary COM
mittee.
Il, relating to ple.iing, and proceeding, in
in certain criminal cases 10 judiciary COM
mittse
{. in amendment Of an act to incorporate the
Newbury Seminary; to general committee.
Is relating to drains and common sewers; to
committee Oh agriculture
%. relating to the relief Of the insane poor; to
committee on finance.
p. amending chap. "a. G 5. relating TO the
traffic IN intoxicating drinks; to general CON-
miitee
The Senate then adjourned
AFTERNOON
Bills introduced and referrei-By Mr. Farm
ham, relating the militia, providing for reg
mental drlll Of three days in September or Oc-
sober 70 committee on printing
Thir.l reading ordered-S. ., relating 70 the
relief Of the insane poor.
The Senate repaired to the Hall Of the House,
and having returned therefrom, adjourned.
HOUSE.
WEDNESDAY, Oct. ..
Prayer by Rev. Mr.. Fisk. Chaplain Of ,he
senate
Journal Of yesterday Ie-d and approved
Bis introduced and referied-By Mr.. liil Of
Middiebury, consoliiting the Bs.den Fills
Branch Railroad Company and the Be'len Falls
Marble Company; to the committee on rail-
roads
By Mr.. Farnsworih Of Windsor, in amend
ment Of Sec 3. Chap. 3j, G. ). relating to depo-
sitions and witnesses to committee on judi
cisry.
By Hr Bisbee Of Newport, to incorporate the
Ms-squoi ald Clyde River RA.roai .ompauy,
and enable the towns in The co1ntes of Frank
lin, Orleans and E-ser. 20 sid in the cqustruc-
tion thereof; 70 committee on railroads.
BY Mr Wales II Burl.ugt u. lireotin. the ap-
preparation Of fines ami costs; TO committee on
judiciary
By Mr. Dixie Of Bristol, to ineorpora'e the
Bristol Manufacturing Company; 10 committee
on corporations
By Mr. Fsrrar Of Rupert, TO Incorporate the
Rupert Dairy Association; 10 committee T. cor
portti0ns.
BY Mr. joyce of Rutland, in amendment Of an
nc providing for building 4 jail in the county
of Rutl nd. TO select committee, consisting Of
members from the county OF Rutland
Special order. Fl. 10 commute the sen
teuce Of Horace r. Piumley 10 Imprisonment for
life, taken ~ the special order for this time,
the question beng on the third reading Of the
bill
4 statement # the facts in the case were call
el for ty Mr. Wheelock of Berlin Nr Frisbee
Of PouItney. for the committee. male statement
OF the f,cts a they appeared before the commit
tee. that Tor long time a feud had existed he
tke-n the piumlry- aud B4lchs, two families
living ia the to~n OF Shrewsbury thai 10 the
summer Of SIS the fh,ulty vas renewed by
dispute about damages etuse,i by unruly a lie
AMI horses belonging TO Mr. Bach, aud that in
an attempt 20 settle the question lf damages.
hath parties being armed sIih pistols ihi- iior-
ace 4 Pium.cy shot a Alr. John Gilman. Jr.
fnat the whole affair se~us 90 have grown out OF
the Did warfare between the two families
VI Wood # Ftirht,eu. who was the prose
cutting officer, male an extended statement 1f the
fact, Ia the cise as they appeared On the trial,
giving the substance OF the entire testimony
Nhich was published At the time He favored
the bin
Mr. Srrerence Of Glover. inquired the age %
Mr. Horace Z pluuley t1 which Alr. Wood Of
tairha,eu. rep'iei thar he wss forty tao wears
Old THAT he had always lisei near 20 his f,lher' 5
sul constantly under hs Influence, and that the
de,d was done by direct command of his f,-her.
Mr. heeiocs Of Berlin, inquired it Nlr. Plum
ley was tried by i,ir aud impartial jury
OF bis peers 20 saich slr Wood replied that he
was, but that the verdict WAS a comprcmi,e ver-
diet wholly unrecoucable with the testimony.
Mr. Wheeloek further inquired, ifJhe prisoner
had able and sufficient counsel TO winch Mr.
Wood replied that he had the best counsel in the
-taie Col. Joyoe Of Rutland. and Mr Roberts
of burlington.
~ al. ..s
tons had not been sent throughout Rutland
County, to obtain signatures requesting the .egis
lature % commute the sentence 10 which Mr.
Frisbee replied that there we're, and that they
obtained ths signatures Of abou eleven hundred
citizens Of Rutland County, which have beeu pre-
.eutei before this House.
Mr.. Wheeock thought. the Legislature were
the lsw-maSing power, and that we better leave
the execution of the laws in the hands
Of the courts, and not attemptto 10 thwsrt the exc
cution Of the law, by altering or committing the
sentence Of the courts.
Mr. Jones of Benson, said that he wished to
corrotorate the statement OF the gentleman from
Fairhsyen, that large majority Of the people Of
the County Of Rutland are IN favor OF the CON-
mutation Of the sentence in this case.
MIR. Csnfed of Arlington saii be lived in a
section Of the State, where there was no particu-
lar excitement on this subject. Ii seems that
the main reason for commuting this sentence, i.
that one man is sentenced TO be hung. and
two others are imprisoned fo= life, when
they sre really more guilty than the
one VINO Is sentenced 20 he hung. He thought
that we should have some new light on the sub
iect before We commute this sentence He could
not vote for the bill under his present inflrma-
tion in regard to the case Mr.. DcEey of Brad
4
set precedent which might be referred to in
future cases, and We should be very cautious
how We act 1t seemed to him that the fact tha;
the jury did not convict the father Of the crime
Of murder, when he was thought to be equally
guilty, should be no reason for committing the
sentence Of the son. He wished TO ask Of Mr.
Wood. if he thought that Horace r. Piumley
WAS guilty Of murder Mr. Wood replied that
he thought that he was, and that the other two
Pumleys were equally as guilty of murder
That the verdict was \ compromise resulting in
a verdict Of murder against Horace R. P.umley
and verdict Of mansaughter, as TO his f,ther and
brother. Mr. W. further explained creumstan-
ces connected with the case, and the charge Of
the judge to the jury.
Mr. E,lson Of Mendon, said that the Judge
distinctly charged the jury, that if they found
one guilty Of murder, they must all he convicted
Of the same offence. that they had great diff
Guilty in empannelling jury to try the case, and
il was ohly after several efforts that they sue
ceeiied
Mr.. Hinckley Of Chelsea. said it appeared
from the statements made before the House, that
Horace r Plumley is "a msn below mediooriiy
and he understood hat the Chaplain Of the State
Prison had said that he regarded him mentally
below par. an h. thought that no particular
credit would accrue to the State by hanging a
fool.
Mr.. Joyce of Rutland, said he stood in a
peculiar position, having been counsel for the
Plumleys on the trial, and now called upon to
act on the question ss a legislator. He believed
however, he could act in accordance with h-
OATH and vote for the passage Of this bill. He
believed that statements already made were true,
that nine-ienths Of the people Of Rutland County
are in favor Of the commuting of the sentence
This was not the precedent in future cases, as
each case must stand on its own merits Gases
have already arisen before the legislature, but in
every one Of them there had been some
particular feature applicable to that case alone.