Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-02-09
The Welcome Case.

the crime of murder, several newspapers
out of the State have referred in terms of
censure to the action of our House of
Representatives at the recent session of
the General Assembly in allowing coun-
sci to be heard in support of the bill fer
the Communication of his punishment to i'm
prisonment for life, when that bill was
pending in the House,-characterizin it
as being without precedent in any legis-
lative body;"-and a similar statement
was made in some papers in our ewn State
when the case of Welcome was passed
upon by the Legislature.
| By the Constitution of Vermont, Part
2, sect. H. the Governor has no power to
grant pardon in cases of treason and
murder, though he may grant reprievs
until after the end of the next session of
the General Assembly; and the only par
doning power in such cases IL vested in
the General Assembly. In this respect,
our Constitution is unlike that of most if
not all of the other States in the Union;
and, in such cases, our General Assembly
discharges under legislative forms func-
tion or prerogative which in other States
pertains exclusively to the Executive
branch of the government. No argument
can be necessary TO show the perfect pro-
priety of granting a hearing to counsel,
and ordinarily g prisoner can be heard
before the pardoning authority or power
only by counsel,) on a petition to the
agent or agents of the government who
are invested with the pardoning power
whether that power be vested in the Gov
ernor or the Legislature. The denial of
such hearing would be "witbout prece-
dent" or reasIh. In the Euglish parlis-
ment, when acting on bills of sttaiBder,
the precedents have been not unfrequent
in which the sttsinted person, if IN GUS
tody, has been heard by himself or coun-
-el against the bill and there is in our
own State full precedent for the action
of our House of Representatives in the
case of Welcome which has been made
the subject of censure.
In April 1880, Dectr Norman Cleave-
land of Irssburgh was convicted in the
County Court of Orleans County on sn
indictment for the murder of Hannah
Rose, and was sentenced to be executed
on the last Friday of October in the same
year. His crime was committed in an at
Tempt to procure an abortion, but without
4nv int snt to take the life of the mother;
and though, at common law, this might
technically and constructively be deemed
murder, it would be held under our stat
ute of 1859 to be the only murder in the
second degree. which is cot punished
capitally. At the October session of the
General Assembly in 1880, Cleaveland
petitioned "for such relief as might COM
port with clemency, justice, and mercy"
On the 21st October 1880, the committee
to whom this petition was referred having
reported the facts, it was, on motion Of
Mr.. Collamer, late q. s. Senator, and then
the representative from Royalton.) "Or.
"deTed, that the petitioner have liberty to
"be heard by bis counsel on the floor of
" the House, and that the Speaker be re-
"quested to invite the Governor and Ceun.
" Gil to be present at the hearing of said
petition" On the next day, Cleave-
lands counsel the late Hon. Isaac Fletch-
er of Lyndon,) was heard in support of
the petition, and, after the hearing, bill
for the commutstion of the death penalty
to imprisonment at hard labor in the
State prison for five years was passed, and
became law, Journal ofMe GeneralAs.
sena5Iy Of 1880, PIP. 81, 40.) The speech of
General Fletcher az counsel for Cleave-
land before the General Assembly was re-
ported and published, and occupies about
four columns of the " Vermont Watchman
and State Gazette" (Montpelier,) of 23rd
November 1880.
At the time of Cleaveland's trial, the
statute then in force required that, in all
trials for capital offenses. there should be
present at least two Judges of the Supreme
Court to sit as judges upon such trial;
and, in compliance with this statute,
Judges Hutchinson and Paddock of the
Judges in.tbe County Court on this trial
This case Of Clesveland had some singular
features. On his trial, his counsel chal-
lenged some of the petit jurors for favor,
aud offered to prove. byiwitnesses other
than the jurors that the Juror challenged
had formed and expressed opinions in the
case which were against Cleaveland but
the Court rejected the testimony. and con-
fined the inquiry to the juror himself
To this ruling, and also to--otherr, as well
as to portions of the charge to the jury,
Cleaveland by his counsel excepted, end
his exceptions were allowed and signed
by the Court bnt the Court refused TO
respite the sentence, and proceeded to
pass sentence upon.him, and .appointed
day for his execution which was about
five months before the time fixed by law
for the holding Of the term of the Su-
preme Court at which his exceptions were
to be entered and heard II would seem
to be beyond question, on the facts stated
in the report of the committee, that If
Cleaveland's exceptions had been heard in
he Supreme Court, the judgment against
him would have been reversed, snd new
rial granted to him. The intervention
# the Legislature happily relieved him
rom his imminent danger of death on the
kallows; and, under the statute now in
force, sentence is required to be rssp,tsd
N all capital cases whensver exceptions
salo. .nI alIauaI an, ne trial
K.
INTERESTING To BoNDHoLDERs-A
circular has been prepared at the Treas
ury Department stating that coupons OF
United States bonds bould not be