Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1902-12-26
NO. 50.
The Shaw Case as Seen by a Leels-
latoE.
nc Edltor OF INC Phmnix

| The Editor of The Phoenix:
Certain structures I'm last weeks paper
upon the action of the legislature in
| committing the sentence OF Frank Shaw
call for "A few words of reply. 1t is
not altogether pleasant for a collective
body, any more than II is for an indi-
vidual, to be told publicly that it's action
Is without "a show OF reason" or is
purely a matter of sentiment worked up
in the regulation way" There is no
doubt that a large proportion of the
members of the general assembly went
to Montpelier with the same general
view of the case entertained by the writer
of the paragraph in question. The i'm
preston created by thp newspapers of
the state AT the time OF the sad oc-
currence was that Frank Shaw was a
hardened desperate. and that his act de-
served the fun penalty Of the law award
ed him by the court before which he was
tried. ii was the view OF the case every
where disseminated and believed by the
great majority in every community and
the members of the Legislature were at
first certainly prejudced on that side, as
was abundantly manifest by the re-
marks which the present writer constant
ly heard whenever the matter was dis
cussed. But two lengthy public hear
ings in representatives hall and things
that otherwise came TO the knowledge Of
the members put a different face upon
the matter, and it is not too much to
say that the views of any reasonable
man could not help being modified there
by. 1t is clearly Ignorance of these
things which invited the censure alluded
to above. The grounds, in short, upon
which the legislature acted were these:
lst. The testimonial signed by all the
leading citizens Of Glens Falls. N Y,
where the Shaws resided, including cler-
gymen, lawyers, physicians. etc, that the
rxy1atI A,.l
reckless criminal as was represented,
but rather of mild and quiet disposition
I'd. The request, signed by every one
OF the jurors who found him guilty. that
his sentence be commuted IL was as
serted that at first seven of the jury were
for a verdict in the scOnd degree only,
and that the verdict was given as 1t was
finally only upon the charge of the Judge
that the killing of an officer, under any
circumstances while in the discharge of
his duty, was equivalent to deliberate
murder Two of the jury testified at
the hearing to this as the prevailing
reason for the verdict! and ii was not
contradicted that all would have done so.
Sd. The evidence brought forward, not
known at the time of the trial, that the
gun carried by DIR. Hoffman had been
discharged, thus going to show that the
officer fired at Shaw before he was him
self shot. 1t was clearly proved that
insulting manner just as the fugtives
were about to surrender and undoubtedly
would have done so but by reason of that
uncalled-for interference.
4th. But the thing of greatest effect
in influencing the House, without oues-
tion was the speech of DR.. e. J. Fish
the member from Royalton, when the bill
was under consideration. Dr. Fish stat
ed that he had long been the personal
friend of the Inflated DIR. Hoffman that
he was called to attend the officer after
he was mortally wounded, that he held
the hand of his friend in his last mo-
ments, and that. much as he deplored
the tragedy and the loss of his friend,
he could not refrain, in justice to the
living, from saying that he heard from
the lips of the officer in his last moments.
such statements in reference to the af-
fair as convinced him that the act of
Shaw did not amount to murder in the
first degree. 1t was done under great
provocation and without premeditation
Other things than these may have had
some bearing upon the case After pro-
tracted hearings and careful attention
to the whole matter the House voted for
the Communication with practical unani-
nifty, the present writer not hearing a
single no, though some members have
said there was one. II may well be as
ssumed that there are very few reason
aSs- men in the state who would have
done otherwise. tt may be true that
there was sympathy for the sister of the
young man. but that ''the woman at
torney helped it along strikes every
person on the ground as a reporter's
joke. 1t was not sympathy in the least
but regard for justice which caused the
action of the legislature. and it is we'll
for the people of the state to know It,
Yours truly,
HENRY A. GOODHUE.
Westminster Dec. o.