Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1879-03-12
The Grayelln Case.


Grayelin's counsel, Messrs. c. b. Eddy OF Bel
lows Falls, J. w. Deane, John f. Deane of Cavern
dish, and George L. Fletcher Of Chester, with
States Attorney n Paul Of Woodstock, appeared
before Governor Proctor at Rutland the 9Th, TO pro-
duce and discuss the evidence on which an appli-
cation for reprieve was made. After hearing
the aiiidavts Of II. f. Kern and w. W. Fisher
OF Tiblow, Kansas and Others and the statements
and arguments OF counsel, the Governor denied
the application.
From the Messenger we CLEAN the following
minute of the Governors decison "The claim
for the reprcve of Henry Gravelin Is based
mainly upon aflidavits of persons in Kansas,
which state in substance that Canadian French
man, giving the name Of John Jacobs, came to
Tiblow, Kansas in the Spring of 1878, and worked
through the season at farm work for one Henry
H. Kern. One OF the afildavits states that he
seemed we'll acquainted with the country in the
vicinity Of weathersfed Vt, the place Of the
murder, and said that he knew Gravelin that
he had worked for farmer named Weston, in
Vermont Mr.. Kern's affidavit states that Jacobs
told him three months before he stopped work for
him that he set fire to the buildings Of farmer
in Windsor, Vt, because the farmer cheated him
out Of his wages
Another witness states that Jacobs was
drinking, boastful profane and untruthful person.
and they seemed to have stood in fear Of him on
account Of his boasting of the dark deeds he had
committed in Vermont. The counsel for the APP
plication seek to prove by the statement of Mrs.
Mary f. Sbiette OF Weathersdeld. that this John
Jacobs answers the description of her divorced
husband Charles l. Shiette, who was living with
her at the time of the murder and in that i'm
mediate vicinity She states that he came home
the night Of the murder in state Of excitement
and gave fictitious reasons for leaving his en-
| poyer. She and Mrs. Laura Brow state that
Shiette, in the Summer or Fall of 1877, eight
months or more after the murder, and while still
| living with his wife and near the scene OF the
murder, said in their presence and that Of their
children, Il could clear Gravelin with three
words could be his best witness
| There is very strong evidence tending to
identify Jacobs with Shiette but that is the
theory OF the applicants, and they ask for time to
establish this by finding Jacobs have not at
tempted to give full review OF the affidavits and
SYSTEMATICALLY abiding to the leading points
and those bearing strongest in favor Of the pris-
oner. There is nothing important showing any
connection between Shiette and White, the muir
dered man-no motive or circumstances further
than these statements tending to fix the guilt
upon Shiette. There is no direct attack upon the
evidence adduced at the trial upon which Gravelin
was convicted. 1t does not weaken the case
against him only so far as it establishes one
against Jacobs or Shiette. | need not then re-
view that evidence. 1t sufficient to satisfy the
jury beyond reasonable doubt that Graven com
fnitt nd In ,ttrIAr 10 had 81,
crime, the opportunity the chain of circumstances
which show his disposal of the body of his victim,
and of the team, his confession or admission to
Handn heard by others, his attempts to escape
to commit suicide, all point with fearful force tC
him as the guilty man.
1.-THE verdict seems to me the only one thai
could have been reached by men of sense and re
spect for law and justice. cannot see that tht
new evidence weakens the case against Giavelir
or points strongly enough towards Shette I,
create reasonable doubt | can see nothing i'm
portant to be gained by finding John Jacobs, o
establishing his identity with Shette. Suppos
it can be established, there is reason to believ
he would make any further confession; and ad
hitting everything in the statements of his forme
wife and others as evidence, the case against hin
would be very weak. 1t is shown that he was
boastful, untruthful man. He remained in tn
vicinity of the murder a year or more, and Will
there made the statements as it is claimed, in tn
a., presence of several persons that he could cea
Gravelin with three words, etc. The statement
made by Jacobs in Kansas Of the same boast
full order 1t is hardly reasonable to suppose tn
real murderer would have made them The Grim
was still unpublished, it was fresh in the minds {
) the people, the supposed criminal was awaitin
, punishment. Is there any probability that tn
real criminal would in this manner seek to attrat
attention and suspicion to himself? 1t might b
and often is the that suspicious circumstance
could be brought against many different person
in connection with such crime, but they woul
not form complete chain, and would have II
weight to weaken the against the real crimina
y Gas stated at the opening of the hearing,
would have preferred that this petition shoul
u have been made to two judges, under the act
: 1878. The legislature has by that act provided
= way for applications when new trial is sougl
on the ground of newly discovered evidence, an
e in my view that method would have been bett,
i in this case The judges are accustomed to weigl
. ing testimony and their decision would have ca
!. ried weight and conviction to everybody thin
II that application might be made now. My declso
g does not preclude or in any way prejudice it. I'll
% judges would give the prisoner the benefit {
y every doubt and afford him every possible o.
u portunity. But his counsel thought the cas-
should come before me; it was for them to decid
II and it was my plain duty under the constitutio
: to hear it, and whether they might have apple
d to the two judges or may do so now could not il
;, fluence my action or decision wish it were
II my power to avoid the responsibility, but TIL
;, cannot be. The prisoners case has been pr
scented very ably and very fairly by his counsel
=" have certainly wished to give him the benefit
~ every reasonable doubt, and no one can, from II
70 very position, feel deeper sympathy for and
g stronger desire to help the poor condemned ma
~ alternating between hope and fear; but can 81
no way consistent with duty and with proper I
" spect for law and justice but to deny the petition