Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1896-10-08

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Gus exhibition did not take place. All
these things made an impression upon
my boyish mind, which will remain
while | live The barbarity of pub
lie executions has long since been
generally recognized, and such public
exhibitions are no longer permitted
think, in any civilized community. In
the state in which | now reside, the
mode of inflicting the death penalty
has also been changed, and hanging is
no longer legalized mode of putting
to death persons convicted of murder,
electricity having been substituted as q
more humane method of intlicting the
death penalty. Executions in all the
states are now, think, private, or wit
messed by limited number of people.
A few years afterwards was another
murder trial, which ! remember very
well. This was that of b. +. kellam
of Braintree, for the murder of his
wife. This trial was mt the December
term of 1910 The trial was held in
the meeting house in order to accom-
modate the spectators, the court room
in the court house not being large
enough for this purpose. Boards were
laid over the front pews, on which
seats were placed for the judges, jury
and lawyers, the rest of the house, in
Guiding the galleries, being filled by
spectators. My impression is that the
Peake trial was also in the meeting
house, but of this ! am not certain.
/ Kellam was acquitted on the ground of
/ insanity. Judge Collamer presided at
both of these murder trials. remcm-
i Der distinctly about the kellam trial.
! Upham and Peek were, rs in the Peake
/ case. counsel for the defendant; Abel
+ Underwood was states attorney. My
/ father, Harry Hale, was county clerk
at the time of the Pcake trial Perley c..
Jones was clerk ut the time of the KEEL
| lam trial. ! remember hearing Judge
/ Collamcr's charge in the kellam case.
He instructed the jury that insanity
was good defence. provided the in
sane delusion was such AZ would lcgiti-
lmatcly. if true, lead TO the commission
of the act. He Illustrated this by the
case of a man laboring under the de
! fusion that he was made of glass. If.
while laborine under this delusion an
other man should raise q cane to strike
him, which blow would necessarily
bc fatal if he were made OF glass, and
| If in order 10 prevent such destruction
he killed his assailant, such insane de-
fusion would constitute defence.
But, he said. if the insane delusions
were entirely disconnected with the
act, rs ii the man who imagined he
was made of glass should kill another
out of revenge for some real or tancicd
insult, or torany other motive not trace
able 10 the insane deluSions, then in
sanity would he no defence. The
Judge made thi, principle very clear.
The application of il TO the facts Of
that case would, rs | recollect them.
have resulted in kellam'S conviction.
but the Jury took more charitable
view and verdict of"not guilty" was.
the result. The court finding him To-
be a dangerous character ordered him
TO be confined in Jail at the charge of
the town of Brlntree He remained
in or about the Jail for several years.
remember him we'll Atter the trial
nc seemed a harmless sort of person.
He was allowed by the TAILOR consider
able liberty. He was quite an ingenious
man with tools. and the boys ofithe neigh
borhood. including myself would get
him 10 make with his knife various TOYS
and other articles which We found
amusing or useful. think, however.
he was afterwards tried for another
offence and sentenced 10 state prison
! remember another curious case
which was tried in the old court house
Il breach of promise case, i'm which the
man was plaintiff, and the lady TO
whom he claimed 10 have been en-
gagged, together with her husband,
were the defendants | cannot recall
the names of the parties. remember,
however. that Jefferson p. Kidder of
Braintrec was the principal counsel for
the plaintiff. and Levi Il. Villas of
Chelsea was one ofthe counsel for the
defendants. heard the arguments of
the counsel. and a. a boy was much
amused and entertained thereby Mr..
Villas assured the jury that there was
no evidence that the plaintiff had ever
boIight any additional clothes, or even
got any extra squeak" in new pair
of boots, which he had bought for his
expected marriage. The plaintiff
counsel in a burst of cloquence re-
marked to the jury, lit is not money
that my client is AFTER then il
probably occurring to him that il he
was not after money. the jury would
not give him amy, he added, THAT is.
not in particular" The jury found a
verdict for the defendant.
have a vague recollection of many !
other cases OF which | heard part or
a whole of the trial, but it would be
too long story TO rehearse. will. |
therefore, only add something about |
the Judges and lawyers whom ! re-
member between. say, 1885 and 1916. |
Most of the courts. if not all. were
held by the Honorable Jacob Collamer
a presiding Justice. He was a man
OF fine appearance, dignified manner.
and | should say great ability. He
was afterward. it win be recollected,
postmaster general in the cabinet of
President Taylor, and for many years
United States senator from Vermont.
Horace Greeley is quoted a saving
that God never made a man a. wise
a. Jacob Collamer looked Without
Mr. Greeleys sentiment