Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-01-21

Oct0Der AIN last was IN SuncOOk "oS nos
working in the morning went up into the
woods OF Joseph Oaignauls on MS team
about 10 o'clock. and arrived there near the
shanty about ~ 30 did not see Joseph La
Page there that day went part way nome
with him that day was talking with Daig-
nault on the road that day, and La rage
overlook US La Page generally went home
at night alone. When l arrived at Dag
nault's. did not go into sthe barn or black
smith shop don't'know but that La Page
was in the blacksmith shop that day did
not look for him.
Edward Gamelian. of Suncook. testified
October 4th last was in Suncook went TO
sam Coffran's wood lot; arrived there
about s. 10 or $50 we made shanty from
standing trees and selected site for builc-
ing after arriving La Page came A.; 1t was
then about O'Clock p. IL. remained ~ or
25 minutes said he came when he heard
US chopping asked if he had time to go to
Joe Dagnault s and return with US; the
time was asked by one Of the choppers 1t
was either | IS or .35 he then started Tor
Daignault's ; saw him again at the edge OF
the woods waiting with another chopper
for US; that evening went with us,
but lost sight of him near Suncook woods
he had az axe with him.
Julius Demas, of Allenstown, testified
| October was in SuncO0k ; arrived al
Daignault's abont $50; took dinner In
Daignault's shanty, five or SIX rods from MS
| house remained there from one to one and
halt hOurs did not see La Page that day.
John Demas, of Alienstown, testified In
confederation Of the previous witness IN re-
ference to going into Daignault's wood,
| October last. and not seeing La Page at
1 D.irDarit's VI hon ne arrived there.
William Ii. Cate, of Suncook. testified
| October 4, last, was on the road leading TO
Pembroke street from Suncook, drawing
sand saw La Page about eight O'Clock in
the morning La Page passed on towards
| the Pembroke Academy saw him about
| half d mile south OF Pembroke Academy +;
| he had an axe with him.
Moses H. Sargent. of Cohasset, Mass,
was recalled and testified Know Joe
Daignault met him in the City Marshal's
| Office said | had the wrong man asked
how he knew said La Page was not at his
place at ten o'clock La Page wanted wood
measured could not, but would some other
time asked him if he was shoelng horses
that day said he was not said La Page
sat around until noon and then went into the
woods said If La Page SAID James was
| shoeing horses | must be mistaken IN the
| time conversation was had three or four
DAYS after La Pages arrest he positively
denied having shoG horse that day at first;
afterwards admitted doubt in his mind
about 1t.
The rebuttal here rested.
Gilbert Ralph KirkwoOd, of Montreal,
testified Am aphysician and surgeon and
professor OF chemistry in McGill College III
| Montreal have constantly made examina-
| hav mi dried
| blood daily before my classes: have used pow
ers OF 20OO diameters for the purpose OF ex-
aiming blood; 1000 Is fully ample my opin-
| ion Is that blood corpuscles after being
| dried cannot be restored sufficiently to de-
termine, except perhaps in the lower AMI
mals 10 making preparation TO resemble
the density OF the serum of the blood there
Is danger of the enlargement OF the glob-
ules OF the blood. Have often known glob-
ules % swell beyond their normal condi-
ton aud then burst If examining blood
stains upon garment found BY measure
ment the slobules to measure 49, leo oil an
! inch probably should have an opinion that
| it was human blood
The defence rested here
DR.. Horace P Chase and ) Dana Hayes.
Of Boston, testified in rebuttal, after which
the Government rested.
"Wednesday afternoon. Samuel b. Page
counsel for L. Page. made the closing argu-
ment for his client tie was followed by
the Hon. Lewis ". Clark Attorney General.
who made the closing argument for the
| prosecution Both we:e able and exhaustive
arguments.
At . O'Clock, Thursday morning. the case
was given t. the jury. who. after tive
| hours delberation, returned a verdict Of
| murder in the first degree. The Judge ther
sentenced La Page to hanged on the 1871
Of January. 1877.
TIE DEATH SENTENCE.
Judge Rand pronounced sentence. a
fellows
After an impartial trial You have beer
found guilty OF the greatest OF crimes, OF q
crime - horrible IN It, details that the bare
mention OF it stlrs up thought Of ven
geance IN the hearts Of all men. but the law
| knows nothing Of vengeance. On the con
! trary. In the hour of Your extreme need, II
| Will shelter Won from the fury Of passion
and from all injustice. Il has helped you
to procure witnesses, learned experts and
| able counsel. X has permitted you to par
ticipate in the selection OF Jurors, who have
listened to Your cause. II mas been liberal
tolerant. long-su fiering. yet yigilant and
sleeplcs>. Ii has not permitted you 10 es
cape out of It's hands. Indeed no man can
escape from it though he lAay seem foI
! awhile u escape from mere human .1S, vet
there Is law behind that which pursues
calmly, patiently. peIseyeringly, with
out haste and without rest. 1t has
followed you until it cOnfr0nts you
at last with the fearful consequences OF
your crime which it Is our duty 10 declare
10 you. Is the servant OF the law the Court
| DEGREES that You be Imprisoned in the State
Prison at Concord. until the 10Th day OF
January, in the year of our Lord 1877 and
that on tha; day between the hours of 10 in
the forenoon and in the afternoon you be
hanged by the neck until You are dead; and
pardon me If | say that all the days that are
10 come to you in this life must be full Of
! sorrow. Let the sorrow be sottened by penl-
tence. - that the other life that opens out
of the dark valley and j. 80 full of shadows
may not be without the one light of hope.
During the trial the exceptions taken by
the defence were noted, and an effort will
/ be made for a new trial. but it is not proba-
BE that it will be obtained, though the de-
fence claim that the questions Of law are
sufficient to make good grounds for it
Ahbl MEMS VI NOA NoAAf
Samuel B. Page. counsel for the defence
/ said The saGdest annals in the history
| of crime afford no more hOrrid butchery
than that of Josie A. Langmaid. on Penn
| broke Plains but there is still sadder
thing to men oi law, and that Is thej judicial
murder of an innocent man. We do not
| deny that foul act of butchery has been
| contaminated. but it is the duty of the Gov
eminent 10 establish the connection Of any
one with this crime. We hold our respond
ent to be an innocent man. While we ad-
NIT that the murder has been done, we sub
nit that there l. no motive shown for the
commission of this crime, or for the mu-
tllati0n Of the corpse. We submit further
that there il but one theory on which this
murderuu- act could be committed and that
i through freak Ct demented mind.
The SAFE attempts to show that Joseph
La Page was sneaking through the woods
up 10 the morning OF the murder, when
he was open 10 all hS movements Mr..
and Mrs F1wle, who testified 50 directly
in regard TO seeing La Page and Identity
ing the stick which be carried, admit an
mperiecIion of eys-sight. The witnesses
who identify Joseph La Page did so at the
Jail, because they understood that he was in
such Il cell. TIE state of excitement at
Pembroke was such that evidence spring
ing from it should be received with great
care.
Counsel then proceeded 10 comment on
the so-called expert who testified that the
spots on La Pages clothes were human
blood When all the authorities disagree
with those three young men from Boston,
Doctors Chase, Treadwel and Hayes. We
had better wait awhile before we hang
man on such evidence.
the counsel then referred to the evidence
of La Pages previous character and his
conduct toward other females. No evidence
appears that Josie A. Langmaid had been
raped as well as murdered, therefore such
evidence was incompetent and has no bear
ing on the case. The absence of any proof
of rape removes motive for this respond
ent 10 have committed the crime.
The counsel then showed the boos of Joseph
La Page and a slip OF paper, on which
east of the marks on the glrl's face was