Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1890-04-04
HE ESCAPES HANGING
THE MURDERER CASWeLL WILL GO
TO PRISON FOR LIFE.
''Guilty of Murder in he Second Degree"
The Jury Mt First Equally Divided
Between "a Verdict for the First
and Second Degrees-The Gaze
Goes to the supreme Court.

MONTPELIER, March 8.--The jury in the
case of State vs.. James Sherman Casv;ell
reported promptly at 8 a. m, to-day, rem
dering verdict of "guilty of murder in the
second degree, which means Imprisonment
for life. 1t is generally understood that for
sometime last night six of the jury were in
favor of the first degree and six in favor of
the second but finally all agreed on the
second.
The counsel for Caswell have taken ex~
ceptions to parts Of the judges charge, the
admission of certain evidence, and to some
questions that arose in empaneing certain
jurymen. Under these circumstances the
case WILL it is said, be continued to the
May term of the Supreme Court, and un-
doubtedly from there to the general term of
the Supreme Court in October If the eX-
ceptions are not sustained by the Supreme
Court, Caswel will then receive his sent
ence to Imprisonment for life, but if they
are sustained the case will be remanded to
the next spring term Of County Court for a
new trial.
Caswell looked deathly pale when the
jury we're being interrogated, but seemed
somewhat relieved when verdict was
given in the second degree, thereby saving
his neck from the halter.
a prominent member of the ber says: ~
do not think Caswell will take the chances
of new trial, as he has already gained a
great point in getting a verdict in the sec
ond instead of the first degree, and n new
trial might reverse the verdict and cause
him to hang. The idea Of letting the case
go to the Supreme Court is TO gain time or
cause delay, more than anything else 1t
was, in my mind a clear case and he ought
tln AN,.t Il
| also think the idea OF Laura's allowing
him to live with her as Il husband for over
20 years, and then marrying Gosiid, had
some influence with the jury. She was the
cause of all the trouble
Some people have expressed the idea that
Caswell's being "A former soldier, and there
being veterans on the jury had some weight
in regard to his getting verdict i'll the
second degree.
There are many inquiries whether or no
James Sherman Casvel will continue 10
draw his pension of S24 a month while con
| fined i'll States prison. Pension Attorney
| 7. j. Deavitt says he will, as long as hc
| lives, and relates as an instance: u. j.
Snow of Orleans county, who killed a ped
dler and was imprisoned for life, applied
for "a pension through me, while he was in
prison, was granted the same, and contin-
ued to draw until his death -
| The dockets were read this morning Out
! of PIG cases mentioned in the old docket
G6 were continued, II passed, 10 diacontin.
ued, and about 80 for trial There are 5!
! cases ON the new entry docket, 81 are con
| tinued and Il for trial OF the first and
oldest case on the old chancery docket, John
| l.. Thomson vs.. Fanny and Thomas Jeu-
kins, running for Ii years, the defendants
and some OF the lawyers are dead and the
case was to-day continued ag4n. Thi,
! docket names 40 cases. of whicn Is are con
tinued and for trial. Only II case, ar,
shown ON the new entry docket, and none
are marked for trial this term
All of about 20 rum cases for Jury trial
are for selling, keeping, intoxcation, dis
| closure or nuisance.
! MONTPELIER, April 2.-The jury re
ported about 1880 this forenoon, on the
case of State W.. Warner W. Wlisley
bringing a verdict Of simple assault and
recommending Wrisley to the mercy of tn,
court. He was sentenced to pay $50 anC
cost of prosecution.
In the case of State VS.. Gates, for intoxi
cation, an appeal from Justice Court
Gates claimed lie took morphine, not alco
hol, and the jury brought verdict Of not
guilty.
In State VS.. Arthur Locklin, for selling
a disclosure, the jury has not Yet reported
but it is possible they may this evening
when a session will he held for glttnting nat
uraliZaton papers to IA large party from
Barre, about 100 men being expected on a
special train, some 40 for second papers and
| about 80 tor first.