The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-08-25
TltE 8mtlana daily Gluhe
SATURDAY, AUGUST 20, 1877.
GoDFREY's CASE.

G0DFREY'S CASE.
The execution, yesterday, In one of the
southern states, of state prison convict
recalls the fact that a similar instance &C.
CURED in this state more than sixty years
ago. We recall the facts and circumstances
of this case, not SO much because they have
passed from public memory, as because the
final disposition Of the case affords pre-
cedent in a question of constitutional con-
struction which we had occasion to discuss
some three months ago. We may premise
that, in April, we endeavored to ascertain
the fac in this case for another purpose
than the present, but we're unable to obtain
the least glimmer of light any further than
that a keeper had been killed and convict
had been executed therefor. The judge
who presided at the trial, the jury who
presented the verdict, the counsel ON either
side, ali of the witnesses, and the governor
and council and members of the legislature
to whom application was made for
pardon were all dead and even the state
prison where the murder was committed,
the court house where the trial was had,
and the state house where the case was
finally disposed of we're all things of the
past. In searching, recently, for another
matter, however, we stumbled upon the
facts, and now present them for the pur-
pose of showing the practical construction
placed upon the constitution sixty years
ago.
Samuel L. Godfrey was convict in the
Vermont state prison of which Thomas
Hewlett was keeper-we should now call
him superintendent-an one Thomas Rog-
,.,.. ,-ssisvaut hUUpSI. UUuITIy wus
employed in the weavers' shop, and, No
vember 8, 1914, an order was given to
have the cloth cut from the looms and
measured. On cutting and measuring the
cloth which Godfrey had been weaving,
Rogers said to him "You have done WE'LL"
to which Godfrey replied, 81 have wove
g more than l meant to, and in future l
twill not weave so much" Whereupon
Rogers told Godfrey that he would ere
"pOrt" him, and not withstanding an apol-
ogy did report" him. The prisoners were
soon after called to dinner, and afterwards
Hewlett and Godfrey we're seen in earnest
conversation in the cook room after which
Godfrey went into the lower workshop,
when Hewlett ordered the guard to turn
out, and then, himself, started toward the
house.
Godfrey Immediately came out of the
lower work shop, armed with common
shoe knife and club-the leg of broom
bench-some two or three feet in length
end on inch and half In diameter, swear
ing that he would kill Rogers or the first
man that molested him. He was called
upon 10 drop the club and knife, but an
grily replied that he would kill Rogers
Hewlett then turned around and said, "if
"you kill him you kill me !" and then fol-
lowed Godfrey who Immediately proceeded
to the upper shop, entered into an alterca-
ton with Rogers and attacked him with
the club, Rogers attempting to defend
himself repeatedly striking Godfrey with
outlass. While this alteration was going
on, Hewlett came into the shop behind
Godfrey and struck him several blows with
his cutlass whereupon Godfrey, turning
partly around, struck back handed blow
with his left hand at Hewlett with the
knife, stabbing him, the wound penetrating
to and through the liver and the coats of
the stomach; and Hewlett died from the eff
fects of the wound on the second day of
December following.
Godfrey was indicted for the murder,
tried at the September term of the Wind
sor county court, the facts above summa-
rized proved, and he was convicted and
sentenced to be hung on the twentieth day
of October then following. Godfrey and
his wife Immediately petilioned the general
assembly for pardon, which was referred
to committee. While this petition was
still pending and before any action had
been taken by the committee thereon, the
governor and council acted as will appear
from the following extract from the jour
nal of the general assembly: "The COVER
nor and council sent down tor concur
renee bill, entitled an act granting a
reprieye to Samuel Il. Godfrey, which
=" was read the first time, the bill amended
=" in the first section, by extending the re.
"prIevo from the first to second Friday OF
November next, the rules Of the house
" dispensed with, the bill read the second
4" time and it was resolved to concur with
60 the governor and council ON nassinR the
Z" bill with the said amendments"
If the governor and conuoil--now the
governor alone-had the unlimited power
TO grant reprieves that is claimed, and az
has 30 recently been exercised, why did mol
the governor and council, in the fret in
stance, grant reprieveS If they had thu
power, and were unanimously In favor it
why did they resort to the tedious and an