Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-11-20
DOHERTYS CASE AGAIN
His Attorneys Make Plea Tina. His
Sentence Be COMMITTED.

MONTPELIER. Nov. 1.-THE judiciary COM
mittees Of the Senate and House gave a
publi hearing In Representatives hail this
evening on the bill to commute to inpris-
onment for life the death sentence of
Charles Doherty who was convicted of
Der 1883 term of Washington County Court
for shooting Fred Murphy at Bolton Falls
in February of that year.
f.. Fl. DeaVitt of Montpelier. junior coun-
sci Tor DoheIty reviewed the Circum-
stances that led up to the crime for which
Doherty was convicted. The burden of
Mr. DeaVitt's argument was that whether
or rot Doherty was insane when he did
the shooting, he is now in that condition
and the State should not put an insane
man to death. Dohertys death sentence
has been three times reSpitcd and the case
s. now before the United States Supreme
Court on writ of error. The date now
liked for the execution of the sentence is
February TO- 1903
w. A. LORD, representing the State, fol-
lowed Mr.. Dcavitt Mr. Lord said this
was the 10th time the case of State against
Doherty had been before some tribunal in
Vermont. His had been as fair and inn
partial a trial as man could have both
In the lower and supreme court, and in
every instance the verdict in the first trial
In the lower court has been confirmed Mr.
Lord argued that Doherty has an ugly and
uHSoNeiIldblS temper ana TINS temper led
him TO take the life Of Fred Murphy at
Bolton Falls that February evening in
1899. He read from decision of the SUI
preme court denying DOherty a now trial
on the ground of newly discovered evil
dence in regard to his insanity. Mr.. Lord
argued that the history of the crime it.
self as detailed at the trial convinced
the jury beyond any reasonable doubt
that much as they hated to do IL thev
could not under their oaths bring in anv
other verdict, except murder in the first
degree. Mr.. Lord said he was not there
TO argue whether not capital punishment
should be abolished In Vermont, but 50
long as it stands upon the statute books
ne argued its enforcement, that the YER
dict of juries shall not be stultined and
that the judgment of the courts shall be
sustained.
Frank Plumley of Mortified, senior
counsel for Doherty was the last speaker.
He made powerful and eloquent plea for
the life of Doherty. He acknowledged that
counsel for Doherty made a mistake at
the trial that they did not make insanity
the defense and urged the committee to
rectify that mistake 80 that Doherty
should not suffer the death penalty. Mr.
Nlumey forcbly pictured the punishment
of life sentence such as he pleaded for
Doherty and closed with supplication for
mercy for Doherty that brought tears
from many eyes.
EASTWOOD'S CASE PARTIALLY
HEARD.
The bill to commute the death sentence
Of Frederick Eastwood was only partially
heard. 7. W. Moloney of Rutland, counsel
for Eastwood spoke for respondent. He
argued that Eastwood must have been of
unsound mind when he shot his brother
in-law dead at Mlddlebury in the fan of
1899, the only man who was his friend.
Eastwood also attempted to shoot his
wife and mother-in-law that same night.
The defense at the trial was insanity.
States Attorney DOnoway of Addison
county viii present his side of the case at
. future hearing.