Bennington semi-weekly banner. (Bennington, Vt.) 1894-1902, 1894-07-13
Maatn shea,s sentence.

nounced sentence of death upon Bat
Shea. convicted of the murder of Robert
Ross. Previous to the sentence, counsel
for the defense moved for a new trial
which was denied by Judge Williams,
as, indeed, Shea's lawyers probably ex-
pected. There was a preliminary Skin
mish with affidavits that one juror had
expressed an opinion; another had said
during the trial that he had doubts, etc.,
but these did not avail. Mr.. Norton
then moved for new trial and the set
ting aside of the verdict on these
grounds: That the verdict was contrary
to law and against the weight of evil
dence: that the court admitted illegal
and excluded legal evidence; that the
evidence would Justify verdict for muir
der in the second degree; that the court
erred in not setting aside the indictment;
that the jury was in charge of officers
not summoned by the sheriff; that Con-
stable Yout was examined as a proposed
Juror and was discharged for actual bias;
that Lemuel Durfee, one of the jurors,
had wager, the success of which was
dependent upon his verdict; that only
the forman of the grand jury was sworn.
Mr.. Hit then made a motion in arrest
of Judgment on these grounds: The
court had no jurisdiction to try the de-
PENDANT; it had no legal existence; as
constituted it had no power to pronounce
Judgment; that there are errors upon
the face of the record; that the indict-
ment does not show the names of the
witnesses; that by reason of such the
defendant was denied substantial right;
that the Governor had no power nor au-
thority to appoint an extraordinary
term; that there is no such tribunal
known to the law, and the attempt to
create it and all proceedings under 1T are
null and void. Mr.. Hit also filed the
certificate of County Clerk Riley as to
the existence of two terms of the court
of oyer and terminer at one time. The
minutes of the court of sessions, IN
which the indictment was found, were
produced and they showed that the court
had directed that Martin Schenck be
sworn as foreman of the grand jury.
Justice Williams said that this was a
mere direction of the court and did not
prove that the rest of the jurors had not
been sworn. 1t did not even prove that
the foreman had been sworn.
Mr. Raines presented the affidavit OF
the sheriff reciting that he had appoint
ed the court constables at the request OF
the court.
Justice Williams denied the motion
for new trial and the motion in arrest
of Judgment. Mr.. Hit took exceptions.
Shea then stood up and was sworn and
IN answer to Clerk Pagan said that he
was born in Troy, is % years old and
a molder by occupation.
'Have you anything further to say why
sentence should not now be pro-
nounced?" asked Justice Williams.
Shea folded his arms and replied in
firm voice: Before God and man l am
innocent of this charge"
The court then passed sentence OF
death upon Shea in these words:
"Shea, do not know that 1 need to
say ANYTHING to you before passing judg-
ment for this offense. In calm and or
derly way, in the form and by the means
provided by law, the charge against you
has been investigated, and the conclu.
sions arrived at that you are guilty OF
this offense. l do not see how, under
the evidence, jury of honest and intel.
ligent men could render any different
verdict. The utmost efforts of your very
competent counsel could not prevent the
result-your conviction of the offense
have no desire, at this time, by any
words of mine to add anything to the
burden which already rests npon you.
| would rather say some kindly word
| which you might remember, than any
severe language, which could hardly dc
you any good. l am sorry you are IL
this position. Over and above the sor
ROW this crime has brought to others, i
is sad that so young and intelligent {
man as YOU are should have committed
such crime and have merited the pun
ishment which is very certain to be in
| flicted upon you. l can give you littlt
hope of escaping the penalty which thu
| law has provided as punishment for thi
crime.
"In passing Judgment upon you tn
court has no discretion except as to tn
time It's execution shall take place. AL
else is prescribed by the law and tn
court merely declares what the law di
reefs. The sentence is that for the Grim
of murder in the first degree, of whicl
you have been convicted, you suffer tn
punishment of death. This judgmen
will be directed to be executed in til
manner and by the means prescribed b
law, at the Clinton State prison, to whic
prison you will be transferred. I'll
means used will be electricity; the tim
of the execution will be during the weel
beginning Tuesday, August 21st, 1894.
Shea listened attentiyely to the word
of the court, and when Justice William
said that he could give him little hope c
escape, his face showed deathly pallol
When he resumed his seat he appeare
relieved. His sister and her friend
kissed him affectionately and the COZ
demned man was led back to Jail. II
will probably be removed to Dannemor
prison this week.
Sheas counsel were given thirty day
to prepare their case on appeal, and tn
stenographer was directed to provid
them with copy of the minutes.
The girls in some of the collar factt
RES are making up collections for Ma
ses to be said for Shea's spiritual an
temporal welfare. The service will b
what is known as Low Mass, to whic
the public is not admitted.