Middlebury register. (Middlebury, Vt.) 1886-1937, 1901-07-26
EASTWOOD TO HANGA
MURDERER OF FRANK FEM OF MID.
DLEBURY SENTENCED.

Second Friday of March 1903 Fixed as the
Time and within the Prison Walls of
Windsor the Place-Scene at the Read
ing of Sentence.
Montpelier, July 19.-Supreme court
met today to render decisions in the
cases that have been under consideration.
The docket was gone over and dis
position made Of all but two cases in the
forenoon. These were taken up later.
| Nineteen decisions were rendered All
the judges were present.
| One of the most important decisions
| rendered was in the case of State VS..
| Frederick Eastwood from Addison
county, which the court took up when it
reconvened at o'clock. This case is
one that is familiar to all Vermont people
and it will be remembered that Eastwood
rode from Massachusetts to East Middle
bury and endeavored to kill all of his
relatives that he could find. lie first
drove to the home of his wife's mother,
where he shot at his wife and her mother
trying to kill them, saying that he had
come to break up the family Both
parties were injured, but not fatally
wounded. He then drove to the house
of one Fem, another relative, and sue
ceeded in killing him and it was for this
last oflense that he was tried and con-
victed. The cause of the trouble was on
account of his having previously separat-
ed from his wife.
The points considered in the case were
two:-
First-During the trial the state intro
duced evidence showing the attempt by
Eastwood to kill his wife and her mother
and what he stated at the time. viz.
'That he had come to break up the
whole family as showing intent at the
time he shot Fem. The defense object
ed on the ground that evidence of a
former crime of a similar character was
not admissible to show a subsequent
crime of the same kind. The court held
that in this case both shootings were
part of the same transaction. and there
fore the evidence was properly ad-
mitted.
Second-The law provides that if re-
spondent pleads insanity, as did the re-
spondent In this case, that the state shall
have the right to keep him confined in an
asylum for the insane in the state for a
period of time and that the superintend-
ent might testify as to the insanity of
the respondent.
The defense objected to this on the
ground that 1t was unconstitutional be-
cause it would compel the respondent to
furnish evidence against himself. The
court held that the law was constitu-
| naI md thot thn ovid
ly admitted; that the respondent could
be confined in any place in the state
where the court might designate and
wherever the respondent was kept
evidence as to his sanity or insanity
would be admissible, and therefore the
state had right to conflne him in an
asylum if it Saw fit.
The respondent took nothing by his
exceptions, and after Chief Judge Taft
had finished reading the opinion in the
case he asked the clerk of the court,
NJ. f. Smile, to call upon the respondent
and ask If he had anything to say why
the sentence of the law should not now
be pronounced upon him. The respond
ent was called upon, and after being
asked the question twice by Clerk
Smile before he could hear, said that he
didn't know, that he "didn't remember
anything at all about having trial"
Judge Taft then sentenced Eastwood to
be hanged by the neck within the prison
walls of Windsor on the second Friday
of March, 1908, between the hours of
and 3 o'clock in the afternoon, until he
was dead. That from now till three
months before this time of execution he
be confined at hard labor in Windsor and
the last three months before the time of
his execution he be kept in solitary con-
tinement. Eastwood told the court after
the reading of the sentence that he did
!. not hear what the sentence was. The
court then ordered him to stand nearer
the judges bench and Judge Taft then
repeated the sentence in louder tone of
voice. During the reading of the
opinions and the giving of sentence
there were only few people present in
the court room and Eastwood did not
appear to be affected in the least during
| all the proceedings except to show a
little anxiety because of being unable to
, hear the sentence. The whole pro-
ceeding was of matter of fact character
and had no pathetic or dramatic ele-
} ments. n
Prosperous Bristol Enterprise.
: In, hn Drizt nl Co..