Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1891-11-17
HE ADMITS HIS GUILT
AImy's Case Goes from
Jury to Judges.
MAY ESCAPE THE GALL0WS
Brief Outline of the Governments
Side of the Defence.


retraoted bis plea OF mot guilty" made
for him at the time of his arragnment at
Woodville, and by SO doing has placed
his case in the hands OF the judges instead
of the hands Of jury.
The question of whether or not he can
escape the gallows by his plea will he de
cidsd by the judges upon evidence sub
mitted to them concerning the crime
There will be trial, but il will be be-
fore the judges instead of before jury,
and the qvestion will be wholly as to the
degree of guilt.
II upon the evidence presented the
judges find him guilty Of murder in the
first degree, he must be hanged. If they
find him guilty Of murder in the second
degree, il rests with them us 10 the term
of imprisonment he must serve. The
judges cannot give him over thirty years,
and may give him less If the evidence so
warrants.
The Scene In the Court Room
yesterday afternoon when the new plea
was made was a most dramatic one 1t
was witnessed by very few people, how
ever, for the fact that Almy was to be
taken into court was known only by the
officials interested in the case and by tho
newspaper men.
Those in the spectators seats had
Caught on" to the fact that something
unusual was in the wind Anything un-
usual in the town at the present time must
relate to Amy, and so by twos and threes
the citizens who happened TO see Judge
Allen, Attorney General Barnard and the
others of the party enter the court house,
followed on the chance of seeing Almy,
and were lucky enough to draw prize.
,,at O.4n ',I .ha., ha
double doors in the rear of the court room
opened and Almy and the officers guard
ing him entered Judge Allen was upon
the bench, and had just been in consulta-
tion with Attorney General Barnard and
the counsel for the defense, Hon. Alvin
Burlegh and Joseph G. Story, and these
gentlemen had just taken seats in the bar
County Solicitor Mitchell was also present,
and Clerk Griswold and Sheriff Brigham
were at their respective desks.
Almy came slowly forward on his
crutches, moving as If even such means Of
locomotion were difficult for him. \
deputy sheriff walked on either side, and
three more walked behind.
Moments of Suspense.
The prisoner was given n place within
the bar and exactly facing the judges
bench, and rs he took his seat Clerk Girls
wold arose and said:
Frank G. Amy, you have pleaded not
guilty to the indictment found against
you for the murder of Christie &. Warden.
DO you now wish to change that pleaW
~ do SIR" came the immediate reply.
"What do you now say2" continued the
clerk; "arc you guilty or not guiltyY'
The silence in the court room was before
impressive, but became doubly so in the
pause that followed the clerk question.
Every one looked at the prisoner, whose
pale face grew even paler as he realized
the full import of the answer he must
make.
Something seemed To rise in his throat
and stop his utterance. Twice he cssayed
to speak and twice he failed, glancing aside
as he did so, a. if for external help.
II sccmed for an instant as though the
man, who up TO this time had appeared TO
have almost an iron nerve, might break
down. 1t was only for an instant, how
ever, for by an effort he recovered himself
and, looking steadily at the clerk, pro
nounced the word Guilty"
The effort was clearly evident in the
pronunciation, for it was not clear and
distinct but faltering and broken bywhat
was almost sob. As the word left his
lips, Almy sank back in his seat, while
through the court room spread that seusa-
tion Of relief which is felt rather than
seen or heard when n crisis is past The
voice Of Judge Allen broke the silence.
"You may record the plea now made in
open court, he said TO the clerk. "The
degree of murder will be found by the
court upon examination. You may notify
the special jurors that their services will
not be needed
The prisoner was then Withdrawn from
the court room in the same way that he
had been brought in, and the drama of the
afternoon was finished.
Almy's plea brings up many questions.
Perhaps the most important one is,
VIII lie Escape tho GalIows?
That he hopes so 10 escape is shown by
his plea, and it is equally true that he
would not make the plea, and thus throw
himself somewhat OH the mercy of the
judges, did he not believe that jury
would surely convict him of murder in the
first degree The chance that the judges
may find him guilty of murder in tho sec
ond degree is his only hope.
The law Of the state governing Almy's
case is a peculiar one, and leaves but little
discretionary power with the judges after
they have once made their finding on the
evidence presented.
II says that in case "A man pleading
guilty" shall be found 10 have COM
mitted murder in the first degree he shall
be hanged IL, however, he be convicted
Of murder in the second degree, he may be
sentenced TO Imprisonment for not more
than thirty years and for as much less as
the presiding Judge may see fit.
In the judges hands, therefore, rests
Almy's case entirels. II the prosecution
can show murder in the first degree, and II
such is the finding Of the judges, Almy
will hang.
IL the defense ean so offset the govern
ment's case ~ TO secure a finding Of mur
der in the second degree, the question OF
mercy comes In.
Opening of tho Trial.
The trial opened at o'clock this morn
ing In the court house. Chief Justice Doc
and Justice Allen were upon .he bench.
County Solicitor Mitchell opened the case
for the government and made a very com.
prehensive statement.
The government witnesses were called
aud the trial proceeded, exactly as beforee
Jury, except that perhaps there was not 40
much legal sparring
The government has summoned some