The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-04-04
THE DEATH PENALTY IN VERMONT.

In connection with an article from the
Vermont Journal on Executions in Yer
mont" which we republsh elsewhere,
it may not be out of place, in making one
or two corrections, to add few facts of
local interest. The Asa Marsh, for whose
murder Cyrus b. Dean was executed No
vember II, 1903, was Rutland man, and
was serving in a detachment of the militia,
under the command of Charles X. Williams
subsequently chief justice and governor
or Vermont-ordered out to aid in entorc-
ing the embargo. Marsh and Ormsby,
who was a citizen of Burlington, were
buried with considerable parade at Bur-
lington, sermonsbeing preached by the
Rev. Samuel Williams, LII. D., of Rut-
land.-Samuel l. Mott and David Sheffield
were convicted Of murder, but, new trials
being granted, were, subsequently, found
guilty OF mansiaurhtcr only and were SEN
fenced to stand in the pillory one hour,
receive fifty lashes each on the bare back,
and to be confined in the state prison for
ten years. Francis Ledgard was, also,
convicted of manslaughter and sentenced
to the state prison for ten years. June /,
1900, the second day after the opening of
the prison, the three were committed to
the state prison, but each was, subsequent
ly, pardoned by tho governor-Ledgard,
November 10, 1911; Sheffield, November
4,.1Sl5; and Mott, October 10, 1917; and
all removed, as it is supposed, to Canada,
where they died.
The third execution was that of Luther
Virginia, January "a, 1920, for the murder
OF Rufus W. Jackson, at Highgate, No
vember IA, 1919. In those days, if man
was found guilty of murder and was hang
ed at all, it was done right speedlly-no de-
lay of two years or more about it. Virgin
ia was young colored man of intemper-
ate and dishonest habits; had served term
in state prison; and murdered Jackson be-
cause of quarrel on being refused liquor
in bar room where Jackson was present.
Virginia attended his own funeral services
at the Franklin county court house, con-
Quoted by Rev. Phineas Culver.
The fourth execution which took place
at Bennington, February s, 1889, was that
of Archibald L. Bates for the murder of
Mrs. Harriet Jane Bates, the wife of his
brother, Philorman Bates, at SALISBURY,
October 2, 1S3S-only four months between
the commission of the crime and the exac-
ton of the penalty. The motive for the
crime was dissatisfaction at the manner in
which his father-then living-was man
aging and proposed to divide his property.
Ofall the persons connected with this trial
it is believed that only two yet survive,
namely, Harmon Garfield of Arlington,
and Daniel Roberts of Burlington, then of
Manchester, two of the counsel for the
prisoner.
The Journal article says that "between
the years 1889 and 1912" two persons
died in Jail under sentence of DEATH"
and mentions as these persons, Anthony OF
Rutland and "Mrs. Peak, who died by
poisoning or sickness, at Chelsea, some
days before the time appointed for exc
cution." The dates are sadly mixed.
James Anthony, who was convicted of the
murder Of Joseph Greene, hung himself in
the Jail at Rutland, April IA, 1914, being
the very day appointed for his execution.
Rebecca Peake was convicted of the muir
der, by poison, of Ephraim Peake-the
son of her husband by former wife
August 20, 1886, and was sentenced to be
executed February 20, 1886, but died in the
Orange county Jail, at Chelsea, of "ulcers
in the throat" February 8, 1886.
The difficulty in the case of Eugene
Clifford, who died after an imprisonment
OF some four years, April 10, 1S47-for this
is the case alluded to-was not that the
governor was "allowed, not required to is-
81 sue the death warrant" The statute,
which was enacted in 1s42, provided that
II any person should be convicted of apv
crime punishable with death, he should be
sentenced to solitary confinement in the
state prison, "until punishment of death
shall be inflicted. and that punishment
should not be inflicted "until warrant
" shall be issued by the governor" CON-
manding the sheriff "to cause execution to
be done upon the person" so sentenced.
The convict could not be executed until the
governor issued a death warrant, but no
where in our laws was authority conferred
on him to Issue warrant. He had no