The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1898-11-09
The Marsh Buell. Case.
Popular Interest in the Bill for Commuta
ton Fills Representatives. Hall.

Popular Interest I'm the Bill for Commuta
ton Fills Representatives Hall.
The general committee of the Senate and
the judiciary committee of the House held
joint session last evening to listen to argu-
ments for and against the bills committing
the sentences of Isabella Marsh and William
G. Buzzell, now awaiting the death penalty,
for murder at Northfield in January, 1896
Representatives hall was well filled by an
interested audience.
Mr.. Lord opened the argument in favor Of
the bills. He reviewed the main facts on
which the original trial of the case was
based. He and his colleague would pre-
sent the equitable feature. They had been
allo wed at the trial to show the condition of
George Marsh's health, and suicidal pur-
pose; but we're not allowed to show that
Marsh had been in the habit of taking arse
mic. They would ask the committee to take
a broad and equitable view OF the CASE
They offered the committee the printed ex-
Ceptions and their brief; also the evidence
given in the case, especially as bearing on
the matter of health and purpose as above
named; also the opinion of the court. They
go beyond where they were allowed to go
in the trial. He referred to several pieces
OF evidence, including some that had been
excluded by the court, and some that had
come to their attention since the trial.
They made special claim as to B lzzell in
that the court imposed upon him too
heavy burden in view of the situation that
must Of necessity exist in joint trial. 1t
was impossible for the jury to discriminate
as to either Of the respondents, and thus in
calculable harm was done to Buzzell The
fact that on two points one of the judges
did not concur with the others was argued
as operating in favor of the respondent, on
the ground that decisions where human life
was concerned should be unanimous.
States Attorney Hoar briefly explained
that, in view Of his own recent appoint
ment and unfamiliarity with the evidence,
Messrs. Stanton and Plumley had consent
ed to be present.
Mr. Plumley said counsel were agreed,
that there was difference in the relation
which the respondents bore to the court
and country that Mrs. Marsh was the Or
iginator of the scheme and administered
the first dose; that subsequently Buzzell
was called in and remained as the care.
keeper Of Marsh; that what Buzzell did
was by the procurement and influence Of
Mrs. Marsh They had felt that there was
difference-that the greater criminal was
Mrs. Marsh, that the lesser was Buzzell-
and that this Legislature was the tribunal
before which the element Of mercy could be
praaantad The n cmands NJ iuatica would
be fairly met ny committing Buzzells sem
tence, because Of the manner in which he
was brought into the crime. He could see
no reason why the full sentence OF the law
should not be executed in the case of Mrs.
Marsh. 1t was terrible crime. of course,
when wife, thus perpetrates a crime like
this, it is crime Of the highest order. The
jury says she did this. The counsel did not
move for new trial or setting aside verdict
in her case as they did for Buzzell. Mr..
Plumley referred to evidence conclusively
disproving any suicidal purpose and show
ing settled purpose to live. We do not
stand here to argue one way or the
other as to the matter of mercy; that must
settle itself by other means and elsewhere,
according to the best interests of society.
AS to guilt under the law, the jury said yes,
the court said yes, and you do not want to
interfere as to that point. You alone have
the right, as the Legislative committee, to
consider the question of mercy, and con-
corning that we have nothing to say as rep
resenting the State.
Mr.. Dillingham; followed aud sought to
raise in the mind of the committee reason
able doubt as to Mrs. Marsh's guilt, and to
influence them to believe, as he has been
led to believe, in the innocence OF Buzzell.
He reviewed Marsh's physical condition for
several years, and emphasized the fact that
Marsh continually had an idea that he was
in dangerous condition; and also spoke of
the probability of suicidal purpose as evil
denced by testimony sought to be offered.
A mass OF letters and evidence received
since the trial, Mr., Dillingham; indicated,
go to show that he probably was in the
habit of taking arsenic and may have taken
it at the last. He urged reasonable doubt
as to Mrs. Marsh's guilt. Mr. Pumley
said the speaker, has emphasized the great
fact that the State is never prosecutor,
but only a prosecutor. Ill will against
Marsh on the part OF Buzzsll has never
been shown, or that he ever got arsenic for
Buzzell; no evidence to warrant the latter's
conviction.