Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-04-07
IS ALMY TO BE FREED ?
JUDGE DOES BLUNDGR MAKES 1T
POSSIBLE AND PROBABLE.
Hon. w. L. Burnap and Hon. Henry Bal
lard State Their Version of tho Matter
They Fonr that Habeas Corpus Pro-
ooedings would be Sustained.

The possibility that Murderer Almy may
escape the gallows is creating much COM
ment. Chief Judge Doe of New Hampshire
pronounced sentence OF death on Almy
while the murderer was on the way to the
States prison at Concord, which is
a direct violation of the law and
something never before heard Of. The
legal fraternity is agreed as to the in
depreciation of the law and it seems to be
the unanimous opinion that, as the case
now stands, an application 10 United
States Court for writ of habeas corpus
would be granted and Almy would be
free man. A reporter of the FREE PRESS
called on two prominent lawyers Thursday
and got their views.
Hon. w. H. Burnap said that Judge Doe
made a serious mistake and Amy will get
clear IL the United States Court can get
hold of the case. 1t was one Of those silly
and unnecessary mistakes which are very
aggravating IL is probable that none
of the New Hampshire judges would
sustain the point because of the Tremendous
public sentiment against Amy. As Judge
Doe is one of them, they would probably
evude the point OF law in some way. 1t is
wonder how lawyer could make such q
mistake. 1t Is most elementary that a Grim
!
anything to say why sentences should not be
pronounced upon him.
How would it be if ne should he taken
before the court again and re.entenced 81"
| asked the reporter. Il do not know but that
might be done, though it is some time before
| there is any session of court there" Mr.
! Burnap added that he didn't believe that
! there was a Justice OF the peace in Vermont
| who would make such O blunder.
| Hen. Henry Ballard said that when he
| heard that the verdict had been receive
and sentence imposed in Almy's alb
sence he very much surprised.
II had supposed, said Mr.. Ballard, as a
matter of practice, if any person was
charged with murder or any felony, that no
| Important action should, or would be taken in
the absence Of the prisoner; and certainly
there is nothing more important in one
sense than the receiving of the verdict and
the imposition OF the penalty; particularly
where the penalty the taking of the
prisoners life. When heard of Its being
done in this way | assumed that there must
be some statute or practice in New Hamp-
shire that would justify it; but | don't
| understand that there is. SO unless the
matter can be remedied and lie be re-sen-
| fenced in some way, it would seem that he
could be discharged on a writ of habeae
corpus. In re sentencing Amy the first
question would be, has the New Hampshire
court any power to re-sentence him? 1t
will be, to say the least an irregular pro-
ceeding and 1 assume that the term Of
court, at which he was tried, has come to
an end by final adjournment. Mr.. Bal
lard said that 1t was the strangest thing he
over heard of. He said that The suggestion
OF bringing Almy before the court and re-
sentencing him was only a part of what
seemed to he necessary; and tho court could
not re-convera the jury aud let them again
deliver the verdict Of guilty.