Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-11-08
DoHERTY MUST HANG.
Final and Unanimous Opinion Of the
Supreme Court, Delivered Last
Friday.


The supreme court, in session at Mont
pelier, announced last Friday morning its
decision on the petition for a new trial
for Charles Doherty under sentence for
death for the murder of Fred Murphy at
Bolton Falls, near Waterbury, in Feb
ruary, 1899 The petition is denied by the
court, and Doherty is sentenced to be
hung at the Windsor prison Friday, Dec.
6, between the hours of 1 and in the
afternoon. The opinion, which occupied
30 minutes in reading, was written by
Chief Judge Taft, and was read by Judge
Stafford. Judge Taft reviewed fully the
nature of insanity which renders a per-
son not responsible for a crime commit
ted, and applied 1t to this case. The new
testimony that would be introduced at
new trial was considered, as was the
testimony at the trial of Doherty, tend
ing to show that the respondent was
not insane. In closing, the court said:
Upon the whole we can come to no
other conclusion but that the verdict was
a just one and that another trial would
result in a similar verdict We are, there
fore, of the unanimous opinion that
the petition ought to be and is denied.
1t is ordered that on the first Friday of
December next, between the hours of one
and three in the afternoon the sentence
heretofore imposed be executed. The
clerk is ordered to issue an order upon
the sheriff of Windsor county for that
purpose"
Doherty was brought from the Windsor
prison to Montpelier Thursday afternoon
by order of the court, and was in the
court room when the opinion was given.
He sat unmoved during it's reading, and
showed no agitation when the final sem
tence was pronounced. except that the
persplration was rolling down his face.
He was Immediately taken back to Wind
sor.
AS already stated, Doherty shot Fred
Murphy at Bolton Falls in February,
1899. The two men were at work on
large dam then being built there. A
quarrel arose between them. for which
the evidence showed Doherty was in the
main responsible. He tried to provoke
Murphy to fight. but without success I'M
til the day of the shooting when, in an
swer to Doherty's taunts, the two men
had agreed to have II out at the close
of the days work, in the stable close by
the boarding house. When Murphy went
toward the stable. unarmed, Doherty APP
peared in the open door and fired at him.
while he was still some distance away
The bullet went through all of Murphys
vital parts except the heart. and he lin
gered in a living death for six weeks.
When the bullet was fired he weighed
$50 pounds. When he died in the Mary
Fletcher hospital at Burlington he had
Deen reduced TO skeleton or only 80
pounds in weight. Doherty was tried for
murder before Judge Watson at the fol-
lowing September term in Washington
county, convicted of murder in the first
degree.
The case went to supreme court on ex-
ceptions which were overruled and DOH
erty was sentenced by Chief Judge Taft
to be hanged on February g. 1901. The
legislature of 1900 refused to commute
the sentence to Imprisonment for life
and a few days before the execution of
the sentence, Judges Rowel and Watson
in chambers at Randolph granted stay
of proceedings on application by his
| counsel on the claim of newly dscov-
cred evidence, tending to show a strong
predisposition to insanity in the Doh
erty family. The petition for new trial
was argued at the last May term by
| Dohertys attorneys, r. II. Deavitt of
Montpelier and Frank Plumley of North
| field.
1t is a significant fact in this case that.
| although Judge Watson gave Doherty n
| conspicuously careful and patient trial,
admitting all evidence that could properly
| bear on the case and although Doherty s
own brother sat beside him throughout
| the trial. the question of insanity was
never raised until after the respondent
had been convicted and sentenced to be
| hung.