Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1875-12-08
The Barre Burglary.

Now they claim out in Michigan that
Curley was engaged in Il bank robbery
there.
That gentle being who does correspond
ence Tor the Boston Journal and St AL
bans -4drertiSer has been stopping over
again. ana this time has dug up the St.
Adams raid law of 1864, rs Il new discoye-
".
He says. under date Of Dec. 4th, writing
from Montpelier that :" it is authoritativelv
given out to me that Miles case comes
| under the raid law; and that the law
seems to have Slumbered unknown or
recognized as being enacted, but it was
discovered the other day and soon gained
widespread circulation.
Certain papers out of the state seem to
think that Miles is to be strung up under
the raid law (Which SO fur rs applicable to
his case was reprinted in the FREEMAN Of
October 6thO in 90 days from conviction.
" without benefit of clergy"
Now this is all humbug The raid law
Is 4 very good thing to hold these gentle
men on till they can be tried for burglary.
There are, no doubt, indctme hts hanging
over them under that law that Will pre-
vent them leaving on hail, as that is not
allowed III cases when the punishment is
capital. Our good people are not blood
thirsty,and the necks of Mess:s Miles and
Curlcy are what Insurance companies
would call good risks" 50 far as their
connection with the Barre aff.ir affect $
them.
But Just hear this Jour71al wiSe:,crc of u
correspondent:
Miles is said to have been in very good
spirits for the past three OF four weeks. ex-
pectlng IN early release on bail, but since
he has become aware of this law of 1861
he has grown Respondent. He reads The
JourndI ut every opportunity. and watches
eagerly the developments IN the case. BY
the old law of Vermont, Il criminal con
vlctcd of 4 capital offence and sentenced to
execution, has To serve the state Mt hard
labor for two years in the State Prison be-
fore execution. John =. Phair, the Rut-
land murderer, IS now serving out these
two Years. having already nearly served
| one, at the expiration of which two wears
he will be executed beyond i doubt
Miles case is Il different one, and the two
years Servi.udc is set aside, leaving him
only ninety days after conviction.
1t would be very difficult for man who
don't know much to condense more blum
dcrs into so small space
The "old law" of this state. provided
that any person sentenced to suffer death.
| should be ut the same time sentenced to
solitary confinement, (not to hard labor
! till death be inflicted; and that no person
| sentenced to death should be executed I'M
| til ut least one wear after sentence This
was in the day of annual sessions of the
| legislature. which alone has the power of
pardOning in cases of treason and murder
1t was merciful provision that gave y
man Il chance for pardon
| No. % of the acts of 1851 left the court
discretionary power to omit the sentence
TO solitary confinement; and provided that
when the sentence to solitary confinement
was omitted the sentence of death should
be carried into effect at such time as the
court should designate. This act. which
was approved the day before the raid law
was might We'll bc called Il war meas
urc." also. Then the raid law provided
for the hanging Of 4 man in certain cases
in ninety day.
But in 1872 the legislature ceased strain
ing the quality of mercy and attempted to
man under sentence of death in every case
an appeal for 4 pardon to the legislature
Biennial sessions had then taken the
! place Of annual. and 50 the law of 1872
| between sentence and execution. But it is
very doubtful whether for two wears sue
ccctling the act of 1872. \ man convicted
Of treason or murder couldn't have been
hung under the act of 1864. Go. 2:) at
such time IL the court sentencing him
should have taken Il notion to order his
neck stretched. In 1874. however an act
was passed which disposed of that doubt.
This act of 1874 is the one that puts 4
man under sentence of death to hard la
Dor; and Mr. Miles would come under
it The same as Mr.. Phar. The law rs to
persons under sentence of death in this
State, is rs follows:
When any person shall hc convicted of any
crime punishable with death, and scnc Iccd To l.
fer such punishment he shall at tie same time be
sentenced to hard labor IN the state prison for a
period of twenty months from the date of his sen
enrc and To solitary confinement thereafter IN the
state prison until such punishment Of death shall
i be Infected
| No person . sentenced AMI Imprisoned shall be
executed III pursuance ot sentence prcvio to the
expiration OF years from the day such sentence
! was pronounced. nor until the count which passed
the sentence of death shall have issued their wal
rant. under the seal OF said court, directed t" the
sheriff of the county where the state prison l. sit
uatc,!, commanding SAID sheriff to cause the SAID
sentence 10 be earn led INTO execution.
That is the way we postpone hanging :,
man in Vermont. We recommend the
Jou1lol correspondent to apply himself to
the study of Vermont law Il little while
longer before he attempts to cnligh,en 9th
such letters ~ he writes dated from it.
UoLDING FAST TO ITS OLD NAME. which
it has carried successfully through the long
period of Mirty-to"r gears. the -ihertc'"
.iyricu1turist swings out its banner for the
Centennial Year" with the vigor of the
prime of life. and with well founded prom
iseS of still greater achievements in its ap
propriate sphere-tlat of plain practical
highly Instructive and trustworthy family
journal. Its name adopted at the start for
4 snecial field of Wnrk. has become almOs1