Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1869-11-03

SENATE
WEDNESDAY, Oct. ~.
Prayer by Rev. Mr. Morgan, chaplain of the
/ House
Journal Of yesterday read and approved
Mr. Dewey Of Washington called up the re-
/ port ON the Ethan Allen monument, and on his
notion referred 10 the committee under the 9TH
Joint rule.
| Bits introduced and rcferrcd.-By Mr.. Bene-
diet, for joint assembly at three o'clock We'd
ncsday afternoon, Oct. q, to hear the report Of
The committee to canvass the votes for county and
probate officers adopted
/ by Mr. Dale, 10 incorporate the Island Pond
academy TO committee on education
! BY MIR. Hall, 10 provide for the establishing OF
Il true meridian line and to regulate practical sur
vcylng in this State 10 committee on printing
Mr.. Dewey OF Washington presented the Me-
mortal Of the clergy and laity of the Protestant
| Episcopal Church, assembled at Rutland, June
/ ID and 81, 1869, which was read, and on his mo-
/ ton, referred to the judiciary committee, and
/ $50 copies ordered TO be printed for the use Of
I the Senate.
/ By Mr.. Copeland, to incorporate the Middle.
town Spring company to general committee.
Senate bills rcffrrsd-1, IN amendment of
chap. -, S., entitled "Of the grand list ~ 10.
to amend see. 6, chap. 50, z. s., relating to tho
grand list IL, relating TO pcndings and pro-
ceedings IN certain criminal cases 10 Judiciary
committee.
I, in amendment Of an act to incorporate New
! bury Seminary 10 general committee
Is, relating 70 drains and sewers to commit
| tee on agriculture
23 renting to rehef of the insane poor to
committee ON finance.
2l, amending chap. 81, g s., relating to the
trltc IN intoxicating drinks to general commit
/ tee.
A communication was received from his excel
lency the Governor, transmitting the report Of
the committee on river fisheries On motion OF
Mr.. tarnham, the reading was dispensed with,
and $50 copies ordered 10 be printed
On motion OF Mr. IAdd, Senate bill No. 2I
providing for u commission to investigate and re-
port upon a change of location of the Vermont
state Prison, was referred TO special commit
tee Of three Senator's.
On motion of Mr.. Hastings, adjourned
HOUSE.
Prayer by Rev. Mr. Fisk, Chaplain of the Sen
ate.
| The Journal of yesterday was read and approx
| Biiis introduced and rcferred.- BY Mr.. Hill
/ OF Middlebury, consolidating the Belden's Falls
Branch Railroad Co. and the Belden's Falls Mar
/ hle Co. to committee on milroads
by MIR fnrnswOrth of Windsor, in amend.
inent Of see. chap. SO, e. s.. relating to deposi-
/ tions and witnesses to committee ON judiciary
BY Mr.. Bisbce Of Newport, to incorporate the
( Missisquoi and Clyde Rivers Railroad Co., and
Orleans and Essex to aid in the construction
thereof to committee on railroads
/ by Mr. Wales Of Burlington, directing the ap-
| preparation OF fines and costs to committee on
Judiciary.
By Mr. Dixie of Bristol, to incorporate the
Bristol Manufacturing Co. to committee on
corpontions.
By Mr. farrar of Rupert, to incorporate the
Rupert Dairy Association to committee on cor
p0rations
BY Mr.. Joyce of Rutland, in amendment OF an
act providing for building jail in the County Of
Rutland TO select committee consisting OF
members from County Of Rutland.
Speniai order.-ll ., to commute the sentence
OF Horace k. Plumley to imprisonment for life
was taken up as the special order for this time
the question being on the third reading Of the
bill.
4 statement of the facts in the ease were called
for by MIR. Wheelock of Berlin.
Mr.. Erisbie for the committee. made state
ment Of the facts as they appeared before the
committee that for long time u feud had ex-
listed between the Pumleys and Balches. two
hmilies living in the town Of Shrewsbury that
in the summer Of 1868 the difficulty was renewed
by dispute about damages caused by unruly
cattle aud horses belonging to Mr.. Balch and
4 that IN an attempt to settle the question Of dam
ages, both parties being armed with pistols, this
Horace X. Plumey shot John Gilman, ,Ir that
the whole affair seems to have grown out OF the
old warfare between the t'vo faniiies.
! Mr.. Wood of Fairhaveh, who was the prosecu-
ting officer, made an extended statement of the
facts in the case as they appeared on the trial
/ giving the substance Of the entire testimony
which was published at the time He favored
the bill
Mr.. Severance of Glover inquired the age OF
Mr.. Horace X. Plumey TO which Mr.. Wood re-
piled that be was forty-two years old that he
had always lived near TO his father and constantly
! uu1pr ms iulluanep md tlat tl,. Na.I a.,
! by direct command OF the father.
Mr.. Wheclock of Berlin inquired If Mr.. Plum
ley was tried by fair and impartial jury of his
peers to which Mr. Wood replied that he was,
but that the verdict was compromise verdict,
wholly uncomfortable with the testimony.
Mr.. Nhoelock further inquired il the prisoner
had able and sufficient counsel 10 which Mr.
Wood replied that he had the best counsel in the
State-Col. Joyce of Rutland, and Mr.. Roberts
of Burlington
Mr.. Wheeock also asked if any new facts had
come to light; to which Mr.. Wood replied that
1 there had not.
Mr., Wheelock also inquired If printed peti-
tons had not been sent throughout Rutland
County to obtain signatures requesting the leg
islature to commute the sentence to which Mr..
Frsbie replied that there were, and that they OBJ.
tanned the signatures of about thirteen hundred
citizens OF Ratiand County, which have been pre-
sented before this House
law-making power, and that we better leave the
execution OF the laws in the hands Of the courts.
and not attempt to thwart the execution of the
laws by altering or committing the sentence OF
| the courts.
Mr.. Jones Of Benson said that he wished to
corrobomte the statement Of the gentleman from
Fairhayen, that large majority OF the people Of
the county Of Rutland are in favor Of the COM
mutation of the sentence in this case
Mr.. Garfield Of Arlington said he lived in n
section OF the State where there wac no particular
excitement on this subject. il seems that the
main reason for committing this sentence is that
one man is sentenced TO be hung, and two others
are imprisoned for life, when they are really more
guilty than the one who is sentenced to be hung.
lie thought that we should have some new light
on the subject before we commute this sentence.
lie could not vote for the bill under his present
information in regard % the case
Mr.. Dickey Of Bradford said that if this bill is
passed, we should set precedent which mi ght
be referred to in future cases, and we should be
very cautious how we act Ii seemed 10 him that
the fact that the jury did not convict the ihther
of the crime of murder, when lac was thought
to be equally guilty, should be no reason for COM
muting the sentence Of the son. lie wished 10
ask OF Mr.. Wood if he thought TINT Horace r
! Plumley was guilty of murder
| Mr. Wood replied that he thought he was. and
that the other two Plumleys were equally as gull
/ ty of murder. That the verdict was q compromise
resulting in u verdict OF murder against Horace
| r. Plumley, and verdict of manslaughter as TO
his father and brother MIR. Wood further ex-
planned circumstances connected with the case,
and the charge of the judge to the jury
| Mr., Edison Of MendOn said that the Judge dis
tinctly charged the jury that if they found one
guilty Of murder, they must all be convicted OF
the same offence that they had great difficulty in
empannelling II jury to try the case, and il was
only after several efforts that they succeeded.
/ Mr. Hinckley Of Chelsea said II appeared from
the statements male before the House that Hor-
ace Il. Pumley is man below mediocrity, and
he understood that the Chaplain of the State
Prison had said that he regarded him mentally
below par, and he thought no particular credit
would accrue to the State by hanging fool.
Mr.. Joyce Of Rutland said he stood in pecu-
liar position, having been counsel for the Plumleys
on the trial, and now called upon to act on the
question as a legislator lie believed however,
he could act in accordance with his oath and vote
for the passage of this bill. lie believed that
statements already made were true, that nine
tenths Of the people of Rutland County are in
favor OF committing the sentence. This was
not to be precedent in future cases. as each case
I Is,,.. taf.. .ta tt.