The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-12-27
BENNINGTON COUNTY COURT.

EDWARD j. HAIL. Clerk. ANDREW j. PIKE, |
Sheriff. o. NJ. BARBER, States Attorney. ChAs,
S. CHASE, Stenographer.
As we went to press last week the jury
in the Gunshannon murder case had re-
celved the charge and were momentarily
expected in. They were sent to their
room at 4:30 o'clock, and were out all
night aud until afternoon the next day.
During the forenoon they came in for
instructions from the court a second
lime. They appeared to want to know
the penalty for murder in the second
degree, and that of manslaughter. This
gave the public an inkling of what
might the subject of their disagreement
up to that time. They were told by the
court that their duty was to find YER
dict on the evidence before them and not
on account of greater or less penalty.
The verdict found was Guilty of muir
der In the second degree" Judge Taft
had charged the jury Substantially as
follows:
81 don't think the facts in the case are
OF such a character as to require any
submission to you of the question of
whether they are guilty of murder in
the first degree or not. So that the
question will be submitted to you to say
whether they are guilty of murder in
the second degree or manslaughter."
After describing the measure of proof
and that there was no question made
but that John Gunshannon was killed by
blow given by Keenan,, the judge
stated, IF these respondents went to
Gunshannon's house for the purpose of
making an assault on it, or if they went
there for any other purpose, or were
there for any purpose and being there
did make an assault upon il, in the man
ner indicated by the ties imony by some
of the Witnessed refer TO that part of
the testimony that tends to show that
they made an assault and began kicking
upon the door aud breaking the parlor
windows and throwing stones into the
house-Gunshannon would have the
right to defend his house and go outside
of it for that purpose, and to use such
means as appears to him necessary, and
such as were necessary and reasonable
to defend his house and himself from
the attacks made upon it by the respon-
dents, and if in doing that, in defending
his house and himself from their attacks
he was killed by the respondents, the
murder 10 in the secord degree, even if
hIo, Vps u;ran inIanJ h nc ne ' Ill., ~ o
kiIl the deceased They were engag, 4
in on nnIa,,f"I 90, anJ ,,,,.' 80, r. u
hy law and ono that Yao =, cr;a,o ond -
in narnetra,io,, of n ,hav l,;Iiad n narson
,ha offenso you'd ha n1nrSar r. ~
sacond doorsa
~Rnt If theI wsr. ,bare Of tho nIace
and assaulted Gunsh.nnnn yuithont the
intent IN fake his life and OF the san,e
time uhep he was No, an,,oooJ in 10.
fend,np his house and IL sSsy we,e
there engaged in actnaI combat win
him, and death resulted from a GLOW
given by the respondents, or one of
them, given during or in the heat of
passion, AMI this was done without any
previous malice and without any intent
Co take his life, they would then be
guilty of manslaughter and not of muir
der"
The portion of the extract above in
brackets is the part to which exceptions
are taken. and the case goes up to the
Supreme Court in February to be passed
upon.
Monday afternoon, and as the shades
of Christmas Eve drew on, solemn
scene was witnessed by few who hap
pened to be in the court room. A pro-
cession of four; John Keenan,, Ex-
Sheriff Mccall, James Gunshannon and
Chauncy Rudd deputy sherIffl, came in
in single file. As Keenan, led the way
the others were on trot to keep up
with him, as he steered straight to the
prisoners dock, supporting himself by
the crutch which dealt the fatal blow to
John Gunshannon the l6:h of July last.
With an officer at each elbow the sen
tence was pronounced.
CLeN. John Keenan,, stand up.
Have you anything to say why sentence
should not be passed upon you!'
keenan,. mo"
Cterk james Gunshannon, stand
up. Have you anything tn say why
sentenced should not be passed upon
your
GunSItdnnOn. Nothing"
Judge, The statute fixes the penalty
for person found guilty of m;rder in
the second degree, and specifies that it
snail De confinement az marc laoor toI
one Pst,o "i Vi M na dtnn.ta ne I NE. oou a
ad nn', nra 1880 ' son,nnnd y, .aI u.s.
"a - c. p.;oo 49, W &c
J; ~ 1870 in aV i'' tis'o.
u 5 VIC Sem VI yoI' I 5,'1ir , .Le,
anu " s'"nu oo"in'i''eu uu''"H 'u"'
IT, r;,oors oro ooI,,, o,5 o,,;,,o,,I,
Lne ,oTs mele Oa'u, anu en 'u.t,oi
aa au eOn ;,hnn, 1870 vi ne'ene tHo'
T,i'. " .tiI soS 'vi1n'
ne 49, VIZ 'an 'h out ,b amu mG VIII az nG U,
~ mn H. " an,ie, 'n ,Sn W." S Tu nrp
Conrt before entering unon their Iono
term of imprisonment. What a tenn
nerance lecture ia involved in that scene