Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-11-21
The Snnrenle Court.

IVY wa NaAS tA4OSb i'h lOAAtsAS "H'SH 1872
been held for many years. Commencing
on the 23d of October, Court was in Ill
most continuous session for four weeks
7 and more than seventy cases were tried
l two of which, at least involved the pay
ment Of more than hundred thousand
dollars apiece, and one involved human
life, and several human liberty. The de
, oision rendered in the Vermont Contra
case concerned the sale Of some nine mil
lions of property. The cases of the great
est interest to the people OF this vicinity
, were those of Asa Magoon, the murderer
Of Streeter, and that of William Foster
against the judges of the county court
asking for Il mGndamuS compelling them
10 render Judgment in the divorce peli.
ton of his wife against him. These we
will notice in full
The decision in Magoon's case was
! given last Saturday forenoon by Judge
Ross, speaking for entire Supreme Court
, 1t over-ruled the exceptions and affirmed
the Judgment of the county court, which
found the respondent guilty of murder in
the lirst degree. MIR. Heath, the leading
counsel for the defence, then made bricl
statement, in which he reiterated Ma
goon's claim of innocence, and that after
leaving Rufus Streeter ut Hannah Perrin's
, house in Barre about seven o'clock, on the
evening of the 18th of October, 1870. he
never saw him again alive. and knew
nothing of his murder till the arrest of
himself at his home in Orange on the 9Th
Of October At the close of Mr.. TIeath's
statement Judge Barrett rendered the sen.
tcnce as follows:
ITO the questions reserved this court
have given the best consideration which
they have been able, and the result has
Just heen announced by Judge Ross, that
the exceptions are not maintainabe under
the law 1t therefore only remains that
the sentences of the law shall be pro-
nonncGd Us II matter of course.
In the case of Il person of the age of the
respondent, one who has passed his life in
such community us he has, there is little
occasion to commend him to considera
ton of his condition, not only for the pres.
ent, but with reference to what awaits him
in the future; and all that is proper, and
that certainly it is needful now to say, is
TO impress upon him II realization of his
condition, both present and prospective,
and that he turn his attention with hearth.
ness and with sincerity of purpose to Sc
curing for himself that grace and pardon
and forgiveness which may result in his
salvation, Notwithstanding the great
crime Of which he has been convicted
The sentence of the court is, that, for
Asa Magoon be hanged by the neck till
dead that this sentence be carried into
execution on the fourth Friday of Novem
Der, 1879, between the hours of one andI
three, afternoon, pursuant TO II warrant
hereafter to be issued according to the
statute in such caseS provided; that, in the
meantime, you be confined ut hard labor
IN the State Prison at Windsor, county of
Wind or, for the period of twenty months
from this date, and in solitary confinement
thereafter, in said prison, until such pun
ishment of death be inflicted. The pris-
oner will be remanded."
Magoon sat throughout the solemn de.
livery with remarkable stoicism, and was,
to all appearance, entirely unmoved b
the awful doom awaiting him. Just as
the sheriff advanced towards him, in pur-
Stance of the orders of the court, he arose,
upIilled his arms, and said in Il low, calm
voice, " One word to say, if may The
court made no reply, and he continued,
" And may the grace Of our Lord and
Savior, the fellowship of the Father and
Son and Holy Ghost be and abide with
yon all cvcrmorc. Amen
Magoon was very quiet during his stay
in the .jhil after his sentence. Beyond as
serting his innocence to Sheriff futile, he
said very little. On Sunday the Rev. Mr..
Hhzicr, MIR. A. G. Stone and others visited
the jnIl and held religious services, in
which Magoon heartily joined lie was
taken to Windsor on Monday. Upon
leaving the Jail he babe Mr.. Dudley and
his family good bye with il great deal oil
feeling, and spoke thankfully of the kind.
ness with which he had always been trent
ed.
The nsalela3HHS arose out of the divorce
case between William Foster and his wife. |
Orilla, which was tried in the Washington
county court last spring. Mr. Foster is Il
rich farmer, whose wealth is estimated to |
be ut least forty thousand dollars, and has |
been for many years resident of Middle |
sex. He married OrriIla Nelson abou
eight years ago, both having been previ-
onsly married, and both having children.
Children have been born since TO them.
The case was fought with good deal Of
il ~ lpt IA gi,ns ~
Fosters most active counsel. and his wife
being represented by Messrs. Heath g.
Carleton
Judge RedIied, in giving IN opinion on
the case, gave both parties sharp repri-
manG for their squnbbleS; said that Foster
was undoubtedly u cross and penurious
man; that his wife had cutting tongue;
but they ought to try TO live together for
The sake of the children; and in hopes
that they would the court would DENY the
petition for the present and continue the
case till the next September term of the
county court.
This remark was the basis of the num-
danluS, Mr.. s. G. Shurtlell, who was re-
tanned by Mr.. Foster TO argue the matter
in the Supreme Court, contcnding that the
county court had heard the case and de-
lled the petition, and they should there
fore be compelled by the Supreme Courl
10 enter u judgments that the county court
had no right to continue ease after it had
been fully heard, of its own motion, and
That, even If the county court had not de.
rlded the case, yet having been fully heard,
the Supreme Court should compel them
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