The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1901-02-27
lydia 4. Plnkisan1,s Vegetable Compound.
A RETRIEVE.

Charles Doherty, sentenced to be hanged
at Windsor, Friday, March 8, for the shoot.
ing Of Fred Murphy, has q new lease OF life.
Through his counsel, Hon: Frank Plumley
and X. ii. Deavitt, he has brought petit IN
for a new trial on the ground OF new evil
dence OF insanity found since the recent
trial in Washington county court, and since
the dismissal OF petition for new trial at the
May term Of Supreme Court, 1900
Duherty was committed TO the State
prison at Windsor the middle of last Aug
ust, aud since December has been kept in
solitary confinement. Communication If his
sentence was denied by the Legislature at
its recent session, the House favoriug and
the Senate opposing co nmutation This,
the second petition for new trial, was
presented to Judge WATSON and Judge
Rowell just two years to day from the
date OF the shooting.
The petition to the May term of Supreme
Court, 1900, was supported by the afidavits
of eleven persons including counsel for the
respondent and Parsons residing in South
Berwick, Me-, and Salmon Falls, n. II
The petition was dismissed on the ground
that the evidence did not rails reasonable
doubt as to the respondents sanity.
This second petition embraces all the evil
dence contained in the first petition and the
affidavits OF thirty-one additional per-
sons who have known Doherty and
his family for pei ID OF forty years. These
aft laVlts show that his mothers sister was
an inmate OF an asylum in New Hampshire,
that a cousin on his fathers side died in an
insane asylum, and chat u maternal aunt
and other members OF the family were pecu-
liarly queer.
Among the most important aft lavits in
the case ia that OF DR.. Frank w. Page, for
mer superintendent of the State hosp tai for
the insane At Waterbury. He gives an
OBI ion based upon the evidence taken at
the trial in county court and all the evil
dence attached TO the petition for new
trial. He states as the result OF careful
study and consideration that he is Of the
opinion that Chatles Doherty was insane at
| the II me of the shooting and for long
time previous, and was laboring under such
a disease OF the brain as to m IKE him who'll
| ly irresponsible for the shooting.
The law provides that petition like this
must be sigued by two judges of the su-
:. preme bench aud their permission obtained
! before IL can be filed in court, after which
execution is stayed until a hearing and de-
! cision Is bad upon the petitio itself.
Judges Watson aud R1well were in con-
| sulJation over the matter at Randolph
Wednesday, aud granted the petition
Judge Watson returned from Randolph
! last evening, and this mornlUg filed with
! NJ e. Smile, clerk Of the supreme court
the necessary papers, staying the execution
of the sentence
Doherty was notified today of his repreve
and will be eleased from solitary confne
m Mt, penulnR Iue arRumsnJ ol Tue peUlJlOI
for a new trial before the full supreme
bench at the May term. Preparations were
already begun for the hanging at Windsor
and ID. q. Jones OF South Royaton, sheriff
OF Windsor county, had issued permits tt
newspaper men and others allowed by Law
TO witness the execution.
e Ii. Deavitt and Frank Plumley, coun
sci for Charles Doherty, are naturally graf
flied that they have another chance to saw
their client from the gallows. Ever sine
the day of the shooting two years ago yes
terday, Mr.. Deavitt has done all in hi
power in Doherty's interest. Without Ger
tainty of reward, he recently spent twt
weeks In Maine looking up new evidence
AT the trial, and before the Supreme cour
and legislature, Messrs. Deavitt and Plum
ley left no stone unturned to help and pro
tect their client If Doherty finally swings
it will not be because his counsel have no
done all in their power to save his life