Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-03-14
The ApplIcation for "A ReprieNe y, M,
Counsel Before Governor
rur pvrrrIoN OF GRAyELIS DENIED.

Az already announced, Governor Proctor
,,, ,,,-,,iua tho .ypiient' az the counsel o.
Henry Gravelin. now under sentence VI
death for murder, for reprleSe' Inc
decision (Which We take lro"
the Rutland Herald 80 fully covers all the
poiuts of the case that it is unnecessary "
r.nriut in full the points presented oy .he
mans counsel Graveiin mas
s,Il another chance, in that the aileg'
al nevlv discovered evidence may ye'
hs nreseuted to two judges oil INT
Sunreme Court, as is Phair's case, but ther'
is no prospect whatever that such pro
c..ding would be of any avail Inc "o'e'
nor,s decision is as follows:
The claim for the rcprieve Of ieni
Grayelin is based mainly upon anna,
~ nersons in Kansas. which state IN so-
stance that q Canadian Frenchman gi'ie
,be name of John Jacobs, came to lido
Kansas. in the Spring OF 1873, ana orfu
,hrongh the season at farm work lor DC
Harry IL. Kern. One OF the amlass
ststes that be seemed we'll acquainted wa
the country in the vicinity oil "eatne
said VT. the place Of the murder, and sI
,hat he knew Grsvelin; that be hal WORK.
far a farmer named Weston, IN vernon;
NJ Kern's affidavit states that JACOBS 10
MIN three months before he stopped VIZ
r,r him that he set fire to the buildingsi
q farmer in Windsor, Vermont, because
,armer cheated him out OF his way
/" lie dw.lt upon having got away wiz
man in Vermont. LOU ine u' 4,
awav ~;tb this man with an axe handi
ann,ber witness swears to similar sta
msnts They state that Jacobs wasa
dr;nk;np- bosstful, proiane and
trnthiul person, and they seemed 10 h
stood in fear Of him on account y.
blasting of the dark deeds he ha1 eom ~
ted in Vermont. lie left that place 10 W
Fail. informing his employer OF ms in'e =;
ton, leaving some clothing anu gS's y,
RACES in his employers hands. Inc coup
col for the application seek to prove Dy u
statement of Mrs. Mary E. Snlette,oi "ea ~
erefeld, that this Johp- -Iaco5svafid Thari
dess.i..: VINO was living with her at Ii
time of the murder and in that immediai
vicinity. She states that be came home th
night of the murder in a state of e1citemer
and gave fictitious reasons for leaving hi
employer. She and Mrs. Laura Brow stat
that Shiette, in the Summer or Fall of ls7-
eight months or more alter the murder apt
while still living with his wife and near Oh
scene of the murder said in their presnc
and that of their children, 81 could clea
Grayelin with three words" 81 c'nld b.
his best witness"
Mrs. Shiette's brother makes similar
statement. There is no very strong evi
d=nce tending to identify Jacob with
Shiette. but that is the theory Of th' app Ii
thfs0S anS.us --e1e. | have not att.mnt
ed to give full review OF the aIaar,ts .nt
statements-only abiding to the ,.adin,
points and those bearing strongest in '4yo
Of the prisoner. There is nothing imp ri
ant showing any connection between Shet.
and White, tho murdered man-no motive o
circumstances further than these statement
tending to tx the guilt upon Shiett,
There IS no direc. attack upon the ev
dence adduced at the trial upon whic
Gravelin was convicted. Ii does not veal
en- the case against him only 80 far as il e.
tsblishes ono against Jacobs or Shiette.
need not then review that evidence. Ii wa
sufficient to satisfy the jury beyond reasona
bic doubt that GravelIn committed the mur
der. The motive be had for the crime, tn
opportunity. the chain OF circumstance
which show his disposal of the body of hi
victim, and of the team. his confession o
admission to Hsndlin heard by others, hi
attempts to escape. to commit suicide, al
point with fearful force to him as the guilt
man. The verdict seems to me the only on
that could have been reached by men 0
sense and respect for law and Justice.
cannot see that the new evidence weaken
the case against Grsvelin or points strongl,
enough towards Shiette to create a reaso o
able doubt. can sec nothing important t.
be gained by finding John Jacobs, oil
establishing his identity with Shiette. Sup.
pose it can be established, there is no reason
to believe he would make any further
confession, and admitting everything in
the statements Of his former wife and
others as evidence, the case against
him would be very weak Ii is shown
that be was q bosstful, untruthful man
lie remained in the vicinity OF the murda
a year CT more, and while there made tie
statements as is claimed in the presence If
several persons that be "cOuld clear Grayeln
With three words, etc." The statements
made by Jacobs in Kansas were OF the sane
boastful order. IL is hardly reasonablet to
suppose the real murderer would have mide
them. The crime was still UNPUBLISHED it
was fresh in the minds of the people, he
criminal was awaiting punish
men;. Is there any probability that .he
real criminal would in this manner seek to
attract attention and suspicion to himsei?
IL might be and often is the case that sus-
pieIous circumstances could be brought
against many different persons in con-
nectl0n with such crime, but they
would not form q complete chain aid
would have no weight to weaken the
'ase against the real criminal. As stated
It tae opening of the hearing, | would have
preferred that this petition should have been
made to two judges under the act of 1878
The Legislature has by that act provided a
way iCr applications when a new trial is
ought on the ground of newly discovered
violence. and in my view that method would
ave been better in this case. The Judges
re accustomed to weighing testimony and
heir decision would have carried weight
md conviction to everybody. think that
application might be made now. My deer
non does not preclude or in any way preju-
liceit. The judges would giSe the prisoner
he benefit OF every doubt and afford hin
very possible opportunity. But his counsel
bought the case should come before me it
vas Tor them to decide, aud 1t was my plain
luty under the constitution TO hear il and
whether they might have applied to the
wo Judges or may do 80 now could not
1 fiuence my action or decision. | wish
we're IN my power to avoid the responsi-
nifty. but that cannot be. The prisoners
ase has been presented very ably and very
alrly by his counsel. | have certainly
wished to give him the benefit of every
easonable doubt. and no one can, from nv
cry position. feel deeper sympathy for
nd stronger desire to help the poor con
emned man, alternating between hope and
ear, but can 700 no way consistent with
Iutyand with proper respect for law and
ns-tIce but TO deny the petition.