Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1892-05-02

FRANK ALMY'S CASE.
His Counsel to Petition
for a New Trial.
MANY FINE POINTS. ARISE.
The Officials Connected with the Case
are Very Reticent.

CONCORD. y. H., May 2 Last evening
Almy in his prison rell was calm and col
lected, and WAS reading, appearing TO the
officer whose duty IL was To look in upon
him as entirely oblivious TO the solemn
conditions that now surround him. Since
Lawyer Burlegh visitel him on Wednes-
day last he has seemed in unusually good
spirits What then passed between Mr..
Burleigh AMI the prisoner is known be-
yond them only by Warden Goliath, who
regards what he heard as officially conf
dental. IL is no secret that Almy still
hopes for what in some measure, he ex-
pected at Plymouth, which was conviction
OF murder in the second degree. He con-
tinues to claim that the first shot he fired
at Christie was accidental, and that, i'm
mediately folio wing, his mental condition
was such that he was wholly irresponsible
for what further injuries he inflicted upon
his victim
Wheeler or not this position taken by
Almy will form any part of the ground
for petition for n second trial in case one
has been OF will b, asked for future pro-
ceedings alone will tell II il no secret that
lawyers who heard all the testimony at
the trial in Plymouth
Were divided IN O ,ipion
as to whether the verdict would b. muir
der In the first or second degree. One thing
il pretty certain, however, which is that
DIR. Burns of Plymouth. who was one of
the expert physicians CT led by the prison
ers counsel AT the trial, has of late been
giving much attention to the investiga-
tion of the questions that, as n witness,
were submitted to him. DR. Burns, al
though he declined To make any state
III 4 % L.. h.e A l.x., y. =.
now claiming of him much attention and
study. II is not found easy to learn
whether or not any petition has been filed
asking for new trial, but IL one has been
given to the clerk of the court it Is very
reasonable to believe that Judge Doe has
placed an injunction of secrecy upon It,
1t il well known that the most interest.
ing legal question that arose in connec-
tion with the trial. aud one which has led
TO n very extended discussion in legal cir
cles not only in New Hampshire but in
other states, was that of allowing Almy
10 be absent when his sentence was pro-
claimed. This question, as applied to a
capital case, had probably
Never before Arisen
in the criminal records of New Hamp-
shire Although the court and the coun-
to the effect that Almy had the legal right
to waive being present and to be repre-
rented by his counsel, yet there are jur-
lists Of this and other states who have
given an opinion that the court committed
an error in permitting Almy to be taken
from Plymouth instead of being remanded
to court to listen to the verdict and give
his reasons, il any he had. why sentence
should not he pronounced upon him.
The decision OF the United States court
In the case of Schwab, the Illinois anar-
chist, although his case and that OF Almy
differed in several important features, has
given additional interest to the decision in
this respect rendered by the court at Ply
mouth. The highest authority says that
the counsel for Almy, even in case new
trial is asked for, will not in any way base
their ground on the decision of the court
in permitting Almy to be absent when his
sentence was given IL Almy's case shall
be reopened the public will Judge whether
or not the proceedings will he instituted
entirely upon the basis of new trial, or
whether the court itself desires an oppor-
tunity 10 resentencc Almy when he shall
be personally present.
Notwithstanding these theories, it Is
certainly possible that the court may be
recoavened for the especial purpose OF re-
sentencing the prisoner and for no other
purpose. If such action should be taken,
the vital question would arise rs to the
date
When Almy VIII Bc Executed.
III the time should be changed to one
yea- from the date OF resentence, that in
the opinion of distinguished criminal law.
yers would render n new sentence legal
and constitutional. IL. on the other hand,
the date already given should be allowed
To stand, il is said that serious complica
tions would he likely to arise At Ply.
mouth Almy pleaded guilty, but il new
trial should he granted him he would, OF
course, have the privilege of pleading not
guilty.
The question also arises whether. in case
Almy should be rearraigned, it would be
necessary for the same judges to sit
Judge 4 Hen, who presided with Chief Jus.
tice Doe ut Plymouth, is in very poor
health, in cons quenee Of which the recent
term Of the court in Concord was ad
journed
Judge Allen, however, has considerably
improved and i expected to come to Con
cord at once ID sentence prisoners now In
this city. 1t is not known here, however,
whether or not Judge Aliens health Is
such a. would allow him to sit at Ply
mouth, provided Almy's case should be
reopenrd
Another question which has already
suggested itself, is, whether or not, in case
Of new trial. Alniy will be allowed to
elect "a t-ial 10y jury. Should he be granted
this privilege, his trial woald not likely
take place the coming wee &, for time
would have to he given To allow the sum.
moning Of Jurors and the bringing o. them
TO Plymouth.
Crippled Man Won the Fight.