The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1901-07-24
THE DEATH SENTENCE.

ln supreme OOurt lave rrlu ~ AFTERNOON
| Chief Judge Taft pronounced the death
sente CO on Frederick Eastwood of Middle
| bury for the murd, Of franklin Fem at
Middlebury In August, 1899 Tue attending
circumstances and incideus that led up TO
this last act in the drama ware fully detail
ed in Friday evenings JOURNAL Eastwood
was bought from States prison at Windsor
on the mail train Friday afternoon. He
was handcuffed, but was not shackltd to
the officers who accompanied him and was
taken di Get to the Supreme Court room at
the State House, where the court was wait.
ing to dispose of his case.
The opinion 10 his 4se was handed do wn
by Chief Judge Taft and occupied fif cen
minutes in it's delivery. The circumstances
| attending the tragedy at Middlebury near
ly two years ago were carefully revie d
and the exceptions Of counsel for the re-
spondent were taken up separately. Each
exception was overruled, no error was
found in the proceedings Of the lower court,
and Judgment was rendered that ju lgment
ought to be and is rendered upon the YER
dict fguilty OF murder in the first degree.
Eastwood was then asked by Clerk
Smile If he had anything to say why the
sentence OF the law should not then be- i'm
posed upon him. He is quite deaf d sp-
| psrently did not hear the question, whlcl
was repeated to him. He replied: II don't
know as / have anything to say. l don't
remember anything about the trial "
| Chief Judge Taft then sentenced e ,st-
wood to be hanged by the neck till dead
within the walls OF the STATE piison at
Windsor on the second Friday in Marcl.
| 1908, between the hours of one and three
O'Clock in the afternoon. The last three
months OF the intervening time he was SER
| fenced to solitary confinement, and the re-
msinder OF the time to hard LABOR in s iate's
| prison. The sentence included the usual
| order for the issuance OF warrant to the
| Sheriff Of Windsor county to carry the sem
tence into effect on the date named.
After sentence was pronounced painful
scene ensued. E.-twood, who was still
standing, said: Your Honor, 1 did not
| hear Your sentence" After o moments con-
sultation Eastwood was taken close to The
| bench by Sheriff Graves and the Chief
| Judge repeated the sentence in loud
voice. The prisoner took his sentence wi h
the utmost GOODNESS and outwstdly exhibit
ed not The least tremor as the fsteful woods
| were spoken.
Sheriff Graves was then instructed to ad-
journ Supreme Court "ithou delay. East
| wood was taken back to Windsor on the
even ng train. He was in good spirits and
ntimated that he expected u commu alton
of his sentence at the hands of the leglsla-
ture of 1892.
The point raised in Eastwood's case be
fore the supreme court-whether or not the
law under which he WAS ,mmtted to the
State Hosp tai for the In ane for sur
veillance was constitutional-was an im-
time in this State in This case and was sus-
tanned by the Supreme court
This law was suggested by Dr. Page the
former superintendent Of the State Hospi-
tai for the Insane, and was framed and iu-
| troduced into the Legislature OF 1898 by
which it was passed by Hon. George W.
Wing OF this city, who is one OF tue trustees
OF the hospital. The law was patterned af.
ter one which has been in force in Maine
for several years and IL tbreeiold in its ef-
feet.
1t protects the respondent. who sets up
insanity as defense for his crime, by
placing him under expert treatment and
thus establishing his clam, IL true. On the
other hand, II he is shamming, this will be
developed sooner or later, no matter how
good an actor the man may be, for il Is an
estab ished fact that one who plays insau-
ity cannot sustain the part continuously for
any great length OF time without relief
from the nervous strain attendant.
This was established recently in the case
OF man who was sent to the hospital un-
der this law from LAmoille county. When
he thought he was unobserved, he relaxed
his tension like a released rubber band, and
inside OF a few days confessed 10 the Off
cials that they had discovered his game
Thirdly, there IL an immense amount OF
expense saved he State In doing away with
expert testimony as 10 the Brewster and
Kelley cases. Expert testimony OF that
sort is, at the best, unsatisfac ory az the ex-
perts as q rule nave no opportunity OF
studying the dement,, symptoms whether
real or affected, with any degree OF accuracy
vii h the opportunities afforded them by an
occasional visit to the patient. Again. the
State has TO bear the expense, whether the
respondent is kept in Jail OF ia under treat.
ment at the hospital for the insane.
Eastwood did not appear TO bs much af
l. cted by his sentence while waiting for the
train to Windsor with Sheriff Chapman at
the Junction Friday evening He sat in the
seat in front OF the officer in the smoking
Car chatting and laughing pleasantly, al
though his manaced hands must have re-
minded him OF the gruesome doom to
which he had just been sentenced He ap
pesred deeply interested In discussing the
result OF the clash Of the Senate bill intro
duced at the last Legislature providing foi
the aboishment OF capital punishment with
the House bill committing Doherty's sen
tsnce in which struggle both bills were
lost on the last night OF the sess on.