Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1883-04-04
The McCaffrey Trial.


before Washington county court during the
past ten years or less. A wholesome con-
viction prevails in the community that in
the famous case Of the Barre bank robbers
and in the murder trials, from the Magoon
down. to and including the Meaker case, all
the sources of evidence were relentessly
drained by viglant and aggressive pros
ecution, and the verdicts rendered in these
cases have therefore been quite generally
accepted as Just and fair. The trial of Nc
Caffrey for the murder Of his wife and
mother has resulted in finding the perpetra-
tor of this double act of fiendish violence
"not guilty by reason of insanity" We re-
gret to say that an impression prevails that
this trial has not been as searching on the
part of the state as the unparalleled enormity
Of the deed imperatively required that it
should be. 1t is understood that there was
important evidence on the side of the pros
ecution which was not placed before the
jury. This evidence might not have changed
the verdict, but any speculation of this ma
ture has nothing to do with the duty of the
state TO have presented it if it existed. For
any offense against the laws and especially
in the case Of most atrocious murder, a
due regard for the public morals, for a
wholesome vindication of the impartiality of
law and justice, demands the production in
court of every shred of admissible testimony
and its submission to the ordeal of cross
examination as searching as the most care.
full and diligent study of the elements in the
case can possibly make it. The prosecution
in this case seemed to be very much mat
ter Of form. From the beginning the the
DRY of insanity seems to have been accepted
and to have been treated as foregone con-
clusion. Apparently no resolute effort was
made to meet the claim set up by the de-
fence. 1t must be conceded that the real
point at issue, the mental condition of the
murderer at the time he killed his wife and
mother, was not the subject of exhaustive
investigation. This question is now as much
matter of doubt as it ever was, with a
marked tendency among those most familiar
with all the circumstances still to believe
that the man was crazy only when he got
very angry and when brutal nature and
uncomfortable temper were fred by deep po-
tations of rum or hard cider. To those who
are familiar with the mans history it seemed
susceptible of proof that he was more vii
lain than maniac. The query which men
involuntarily raise now is, if paroxysm Of
rage, If a temper inflsmed by drink and ex.
ploding like dynamite is irresponsible in
sanity. why was Hayden denied the plea
which the state apparently thrust into Nc
Caffrey's mouth ? 1t is not maintained here
that McCaffrey was of sound mind when be
committed that double murder or that he
was not, but it is claimed that no adequate
effort was made to test the question of his
mental condition, no effort commensurate
with the terrible nature of his crime and
with the Importance to the whole state
of a reasonably correct solution of that ques
ton. The moral effect can hardly fail TO bt
injurious and the precedent become dis
agreeable and a mischevous one. A person
it will be said,-is already said-need only
murder at wholesale, assume few fantasti,
tricks and set up the plea Of insanity to es
cape the penalty of his murderous deeds
while In the same week less fortunat,
criminal, a woman impelled by murderoul
hate TO less extensive murder, hangs on tn,
gallows. Had the victim of this man.
frenzy been some citizen of distinction in
stead of members of his own family, or hat
his victim been any one OF the different in
dividuals against whom his violent rag
blazed forth on former occasions, does an,
one believe that the plea of insanity, agsins
an alert and incorporating prosecution
would have served him better turn than i
did Guiteau Or had all the conditions o
this case been reversed, and had it been Sc
up in McCaffrey's behalf that he was un
justly confined in lunatic asylum to serv
the selfish ends of interested parties, is it a
all certain that upon the evidence submitte
at the trial this man would be longer re
strained in mad-house2