Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1902-12-26
Those Murder Cases Once More.

elsewhere to the article of the men,
Der from Westminster, in answer to
the editorial criticism in this paper
last week on the action of the legis-
lature in committing the death SEN
tence of Frank Shaw. We do not
question in the least the sincerity of
the Westminster members motive in
advocating and voting for the commu-
tation of Frank Shaw's death sen
tence, nor do we that of any other in
dividual member. We simply think
it was a case where the members of
the legislature. collectively" were
deliberately worked up into a state of
false sympathy with the murderer,
and that it was sentiment rather than
cool judgment which dictated their
action.
We wish to say at the outset, that
we were fully acquainted with all the
facts, and knew perfectly all the ar
guments shrewdly advanced in
Shaws favor when we wrote our
criticism last week The signed tes-
timonials in Shaws case. whether
from Glens Falls or from the jury who
tried him, count for little. because it
is familiar fact, proved over and
over again. that nine-tenths of the
human family can be got to sign a pc
tition or testimonial for anything I'M
der heaven if only they are ap-
preached in the right way So far
as Hoffman's 'impulsive and insulting
manner" toward Shaw, and his "un-
called for interference" are concerned
the question at once arises, what
would be the proper attitude for an
officer of the law to assume toward
an escaped prisoner, who was armed
with a Winchester rife The fact
that both the Shaws. father and son.
were thus armed answers conclu-
sively all the pleas in extenuation
made for them. They evidently were
ont for business II matters little
whether or not Frank Shaw's pre-
vious reputation had been that of
"desperado.' The event proved that
he was the kind of man to use a ri
fie with fatal effect when. from his
standpoint, occasion required. The
alleged discovery of an empty shell
in Hoffman's gun showing that he
fired the first shot. is not a fact so es-
tabished that it would be accepted
in court of law, and were it so es-
tablished it would not justify an es-
capped prisoner in shooting down the
officer in pursuit of him
When this whole case of the Shaws
is stripped of sentiment and special
pleading the fact remains that they
had escaped from Jail, an offense
against the law in itself, and that
they were fleeing across country,
armed with their guns ready. as the
murder proved, to met any emer-
gency which arose When Hoffman
and his posse cornered them, the Of
ficer and his supporters were too
hasty and imperative to suit the
fugitives and the younger Shaw
Immediately taught them a les
son. Moreover, the fact was kept
carefully out of sight by Shaw's ad-
vocates that he was not captured at
the time he shot Hoffman, but that he
continued his flight and when finally
taken in the town Of Middlebury he
fired several shots at his pursuers be-
fore giving up, and it was only his
weakened condition from long tramp
ing and exposure that saved those
shots from being murderously effec-
tive. What the occasion lacked, as
we think, when DR.. Fish made his
speech for Shaw, was the presence of
some member to take the floor and
| state all the facts and show their bear
ing on the ends of justice.
We wish to say over again, what we
have said repeatedly during the past
three months, in discussing this mat
ter of committing murder sentences,
that legislature is no fit body to
consider impartially cases like these
| and act upon them in a spirit of un-
| biased justice. 1t is the plan of the
| friends of the murderers in every in
| stance to work up a one-sided case,
to prey upon the susceptibilities of
the individual members, and to keep
entirely out of sight the effect on the
ends of justice and on that class in
every community who are disposed to
take the law into their own hands or
to wreak their i'll temper or their ven
geance with gun and knife The
fact that the murdered mans
life was cut off and that he left
friends to suffer by the murderer's
act for the rest of their lives is COM
pletely lost sight of.
Our main protest is upon the point
that such action overthrows complete
ly the careful, conscientious work of
our courts. Think for a moment
what must be the personal feeling of
the seven judges of our supreme
court who, having gone carefully over
all the facts as presented by compe-
tent lawyers, in favor of the three
murderers, Doherty, Eastwood and