Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-11-06

him but when you come to consider the
evidence. recolleet, if you believe him
guilty, that the consequences of his act
are not attached to you or to the Court,
= but to the law, and the law alone is re-
!, sponsible for the enforcement of the
law, and the consequences to himself
and his own violation of the law are to
blame. If you come to the conclusion
that he is entitled to your verdict of ac-
qaittal, and that satisfies your conscience
q under. the evidence given, then it will
be, as a matter of course, pleasant duty
& to say it, but it will be your duty in that
case, no matter what may be thought OF
the verdict, to act fairly, justly, honest
" and eonscientiously."
| Mr.. Tremain, at this point, took sew
eral exceptions to different things.
THE JURY RETURN FOR INSTRUCTIONS.
After Mr.. Trenlain's exceptions the
case was given to the jury. At 1925
o'clock they sent for the Judge, who
came into Court. ..t.-
Clcrk-Gentlemen, have you agreed
upon verdict?
Foreman Gin answer)-We wish to be
instructed, your Honor, in what consists
the difference between murder and man
slaughter?
The Judge appeared somewhat taken
| aback at this unexpected commentary
on his charge. Many of the audience
smiled, some Of them because they con
ceived the question indicated an inten-
tion not to find a verdict for the capital
offence
Judge-Do YOU wish simply for a de-
fnition Of the crimes?
Fore eman-Yes es, your Honor. -.s.-.
Judge-Murder in the first degree, as
far as any definition of the statute is APP
plicabIc to this case, is thus defined in
! the words of the statute "Such killing,
when perpetrated from a premedtated
design to effect the death Of the person
killed, if any human being, shall be mer-
der in the first degree 'TUu observe,
''from premeditated design. Il is set
tied. however by the Courts, that the
words spremeditated design to effect the
death of the person killed" are answered
| where the accused has before or at the
time an intention formed to Kill and acts
to carry oW suCH intention. "hian-
slaughter in the seconddegree, as apply
ing to this case, Every person who
shall unnecessarily kill another, whether
while resisting an attempt Of that or 10
| do any other unlawful act. F" Tie third
degree is. The killing of another in The
! heat of passion. without a design TO ef-
feet death by st dangerous weapon, eX-
cep: where the killing is iHstiflable or
| excusable." The fourth degree is, The
! involuntary killing Of another by any
weapon or by means neither cruel nor
unusual, in the heat of passion, other
than those deemed justitiable or excus-
! able" .....
Mr.. Treman asked the Judge to read
| the second definition of the fourth de-
| gree. ....- s.-.
Ills Honor said that applied to cases
! of negligence and the like, not the kill
! ing with weapon.
Mr Tremain objected to the inter-
| probation, and His Honor read the
words, by. the act, procurement or
culpable negligence Of the accused. y.
The jury then retired.
/ THE VERDICT.
! AT 1:20 o'clock the jury returned to
| the court room again. The prisoner
| watched them anXiousiy as they slowly
! entered and took their places.
| Clerk Have YOU agreed on a verdict
Foreman (after pause which seemed
/ ages to the prisoner)-Hc have
! CIerk How say you, gentlemen, is
! Edward s. Stokes guilty or not guilty
] Foreman GUILTY OF M.ANsLAUGuEEK
IN THIS THIRD DEGgEE." ..e..
A wild hurrah from The prisoners
/ freAds rang through the court room,
! followed by clapping Of hands and eXa
! cited stamping of feet. The Judge
| frowned Indignantly upon the audience,
| The prisoner held down his head and
| smiled, then flushed, and his eyes became
! moistened. .....-.' ..r.-
e.. Mr.. TREMAIN MOVES FOR sENrgNCE.
/ Mr. TremaiH respectfully asked foF
I five minutes to consult with his assocta-,
ciate, but after 1t was granted he again
rose and said :. III. .....
I YouR IIoNoE-The counsel for tbe
/ prisoner feel that they have done All ia
!. their power to 10 to save the life OF The
! prisoner. They feel that they have had
| a full and fair trial, and in the name of:
| the prisoner | desire to thank the Court
4 and the jury We desire to say that We
| ask for ne delay, We might pat in
! aifigAVits as to the character OF the pris-
oher, tut we presanie your Honor has
sufficient knowledge to act intelligently
on that and every other matter that
might control your discretion in measur-
inc out the punishment. | desire simply
! to, remind Your Honor that he has been
I confined nearly two years in the TOmbs :
has been. sentenced to- death a punish =.
nent which think your Honor will be
| I.inclined to take into consideration, in
/ determining the sentence to be imposed,
! when the jary have finally and after a
| full trial determined that he was not
| guilty of murder in the first degree. w j
| submit that, ia. imposing sentence. the 4
! t0rments and. agony. he has endured. !.
pending the trial may be considered. /
-, THE SENTENCE: = D.. /:
The prisoner was, then ordered to 4
stand up, and in reply to the usual alies- 4
ton whether he had anything to say he
| dropped his head and nuttered 'sNoth-
ing" To all appearance it was by
! violent effort he restrained himself from
weeping outright. Judge Davis then, /
/. with an angry .ooUntenanCe and terribly
severe tone. passed. sentence as follows:
.'In rendering this verdict, Stokes, the /
|. jury have exhausted and more than ;ex-
-hausted all mercy In your case. No. APP,
peal to this Court can diminish the SEN
tence from the highest penalty affixed |
I by the statute in. the degree in which /
I you arc. convicted, and that is too light !
and apparently triiiing as compared 1
with the great crime you have commit 4
-beu. 20 uOt QtSdS W .Illtht. any IuT-
ther remarks on this case, but shall inn |
pose upon you all that the law Gonfers
| upon me power to give, and i only re-
I gret that that sentence cannot be more
adequate to the crime which rests upon
| your guilty head. The sentence is that
| you be IMPRISONED Attic STATE. Prison
IN SING SING At HARD LABOR FOR FoUR
YEARS"
t. CONGRATULATIONS.
I Stokes was then surrounded and en-
braeed by his male relatives and friends
and instantly hurried off to the Tombs.
His female relatives were not present at
the sentence.
PERFECT FEET THINGS OF THE PAST.
Many exquisites of both sexes claim
admiration for their pedal extremities,
but it is the boots and shoes which cover
them that we are called on to admire.