Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1878-10-02

ouulstanoes attending the murder and trial,
and accordingly requested Il. }. Ormsoee'
Esq the states attorney under whom Tile
conviction was had, and w u. feasey'
! ESQ.,, one of Phair's attorneys at the trial,
to proceed to Boston and Providence and
take such evidence as they might ma
bearing upon this claim. This testimony,
together with additional evidence, is here
with transmitted. Petitions were presented
for further reprieve, signed by many
leading and highly respectable citizens oil
the state. Many letters were also received
from well known and prominent probes
siona! men. urging the reprieve. felt II
to be my duty to grant the request. a
| further stay of the execution OF the SEN
tence was ordered until the first Friday OF
April, A. ID. 1879. | think that the ques-
tion presented by this evidence is for Ju-
dicial investigation and determination. II
Phair is guilty he should suffer the penalty.
If not he should be set at liberty.
When the question arose. the time linz
tied by the statute for the presentation of n
petition for a new trial had elapsed. Until
quite recently, the time in which such pc.
titions must be brought did not elapse be-
fore the execution of the sentence in such
cases. By the extension of the time which
must intervene in capital cases betw' en-
the sentence and execution, under the
present law, there is now II time shortly
before the execution, in which person
under sentence of death, whatever the de-
velopments, has not the right to petition
for Il new trial. This condition of the law
has problbly been occasioned inadvertently
by the change from the annual to the bl-
ennial system. | think this is defect in
the law. When life is the penalty, the
state cannot afford to make mistake.
therefore thought it my duty to stay the
execution until such time rs the Legislature
would have an opportunity to take action
and determine whether the law should be
, amended so rs to furnish Phair and Others
under sentence of death, the right to bring
: "A petition for new trial at any time before
the execution of the sentence.
y woRKHoUsE.
ii | appointed Hon. VIM. w. Grout o
a Barton, Hon. Albert Clarke of St. Adams
= and Hon. Ner z. Simons of Rutland. com
p missioners, required by the act of 1876, fo
4 The establishment and construction of ;
i workhouse. They duly qualified and EN-
t tered upon the prosecution of the worl
. committed TO them by the act. The coun
y " of Rutland seasonably complied witt
Il he conditions of the act, and thereby Sc
: cured the location of the workhous
: within, and in part for the use of tina
Il county.
The commissioners purchased land il
the town of Rutland, necessary for TIN
site, erected thereon the buildings reqnir
g ed, at an expense within the appropriation
il "a fact in the construction of publ
, buildings, in these times. which is as cred
If table to them, and their management, a
:. it is rare-and had the same in readines
;, for occupation by the time named in tn
u act.
Having thus promptly and SATISFACTORY
+. completed their work AS commissioners,
~ appointed them directors. Their repol
% will be duly transmitted.
a The necessity for such an institution ha
: long been felt Its establishment and prop
er management am sure will be found
9 great relief, not to say improvement, j
~ The administration of criminal justice.
= is probable that II similar institution Ii
~ ted on the east side of the state will ult
:. mately be Il necessity.
III INSANE AND INSANE ASYLUM.
Under the joint resolution of 1876, al
? relation to the insane of the state and Il
y statutes in relation to their confinempl
p and treatment" l appointed DR.. Middl,
d ton Goldsmith of Rutland, DR.. o. F. Fa
y set of St Adams, and VIM. III. Wake
il ESQ, of Ludlow, commissioners, to mai
~ II, the inquiries and investigations require
~ by the resolution. These gentlemen II
u cepted the appointment, and have enlert
u upon the discharge of their duties. The
report will be duly transmitted.
of STATE LIBRARY, CABINET AND IIsToRICI
Isl SOCIETY.
er "To devise plan for the better accor
ch mediation and utility of the state lihrar
d. the state cabinet, and the collections
the Vermont Historical society, and
It's prepare designs and make estimates f
in the same" required by the JOINT resol
ton of 1876. appointed Hon. [. P.Redfe
p of Montpelier. Hon. G. q. Benedict of Bu
q lington, and Hon. Roswell Fnrnham
9 Bradford commissioners, who have ente
il ed upon the discharge of the duties il
: posed. Their report will be duly preser
/ ed.
] JUDGE OF THE SUPREME COURT.
The resignation of Honorable Hoyt
- Wheeler, occasioned by his appoinlme
by as United States district judge for the d
AT trcl of Vermont, left IL vacancy upon t
we supreme bench. BY my appointment, t
LOT Judges ranking below him were each pI
noted, leaving u vacancy in the sixth !
sistant judgeship, which was filled
on the appointment of Hon. Walter q. Du
IN, ton, of Rutland.
M STATE MILITIA.
III In pursuance of an act of the legislatu
I'LL of 1876, providing that whenever the NJ
49,, tia force of this state shall be reduced
nu ten companies of infantry, the commar
~ err in chief is authorized and directed
'"S organize battery of light artillery, viii
> shall be deemen q part of the organic
H. ~ militia of the state.
Inc This contingency having arisen by
H. disbandment of two of the companies
ny infantry, under my direction the Full
battery of Brattleboro was mustered il
~. service and became part of the organic
.o militia of the state.
" This change renders our militia for
III though small compared with other N
nv England states, much more complete a
NV efficient than it had hitherto been
.os | am happy to report that the Verne
,es, regiment, in point of discipline and equ
' om' ment, is not surpassed by the troops of
o. " neighboring states. The comparison
~ vi which it was subjected at the centenn
ut, celebration at Bennington in 1877, W
,,h, the picked troops of New Hampshire =
sn' Massachusetts, was not unfavorabIe to
' nn 1t reflected great credit not only VI
W., those in command but upon the n
P'y, themselves. who behaved with mari
"a % decorum and evinced the soldierly qu
Il' ties expected of Vermont troops.
wa. The departments of the adjutant and
' ono spector general and quartermaster gene
ote have been conducted with efficiency
fidelity.
y. STATE CENTENNIAL AND BENNINGTo B
-'o TIE MONUMENT.
tion The centennial celebration of the ad
we'd ton of the state constitution, at Wind