The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1900-11-28
TIE ,DOHERTY HEARING.

No public hearing during the present ses-
sion has been 80 largely attended as that
given on Wednesday evening to the House
bill entitled IAN act to commute the sem
tence of John Doherty." The hearing was
held before general committee in the hall
OF Representatives and many lawyers,
ladies and legislators were present. e. H.
Deavitt gave history of the case of State
vs.. DOherty, in which he was a counsel for
the respondent before the county court,
reviewing the legal process which led up
to the conviction Of DOherty. He called
the attention of the committee to the CON
vcts mental condition preceding his
crime and quoted the evidence which
showed that the respondent was previously
considered peculiar, eccentric and contn-
ually labored under the deluson that ev-
erybody was plotting injury to him, also
that he was misanthropic and Respondent
at times, an indication OF unsOundness of
mind. In making no preparations for es
cape and being at a loss OF what TO do after
the murder, was evidence which tended to
show that the act was unprecedented. He
believed that, while the verdict was con-
sistent with the evidence, the court would
| have been warranted in adjudging him
guilty in the second degree and for this
reason legislative clemency was asked.
States Attorney Hoar argued that Doher-
ty was the aggressor in all his troubles with
his victim and that generalization and muir
derous intent was discernable from the
time he purchased a revolver in Waterbury
until he engaged Murphy in mortal COM
bat. He claimed that the trial was fair
and impartial; that the evidence was not
circumstantial but direct and positive and
hoped that no discredit would be cast upon
the court and jury by reversal of the YER
dict and sentence which were passed.
w. A. Lord summarized the case and
maintained that the evidence disclosed
more than granddaughter in the second de-
| gree and hence the penalty must be melted
accordingly. If the Legislature proposes to
continue the death penalty, the sentence of
| DOherty should be sustained; IL il does not
then the request for clemency is PROPOSE
| ton to repeal capital punishment. Refer
| ring to the question of insanity, he argued
that Doherty's defense had full opportunity
| to determine as to the sanity Of their client
but it appeared never to rave been doubted
! He favored the exercise of mercy but as
long as the death penalty is retained on the
statutes, the Legislature stultifes itself in
reversing the decree of the courts.
Frank Flumley made the final presenta.
ton OF reasons for appealing TO the court of
last resort for clemency. In an eloouent
and mastery plea he emphasized the lust.
ice and rights OF the Legislature, represent
ing the sovereign will OF the people to de-
termine the issue Of life and death. In dis.
tinction TO the courts, it can clothe and
temper its acts with mercy. 1t was cold
harsh and rigid law that condemned
Doherty 10 death. He defined the degrees
of murder and argued that the court with
| equal propriety and justice could have
found averdict Of guilt in the second degree
The unsounduess of mind question did not
come up at the time of trial Doherty was
an entire stranger and there was no posi-
| bility to get at any antecedent circum-
stances to determine the matter. The
shortness OF the time previous to the com
initial Of the deed precluded the possibility
OF there being any deliberation and pre-
meditation on the part of Doherty. Fur
| thermore, the fact that all his money was at
the time in possession OF his landlady ar
gued that the act was spssmodic and unde-
| liberated No man OF sane mind deliberates
the taking OF life without preparing for the
dangerous consequences. Mr.. Plumley
eloquently pictured the existence of one
sentenced to lifelong imprisonment and
deprived OF every element that makes life
worth living, distracted Of everything ex-
cept the mere animal privilege of breathing.
He besought Communication OF the death sen
tence and believed the sense OF justice in
Vermont would be upheld by the granting
OF mercy and at the same time the animus
to convict would not be detracted from the
courts.