Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1905-12-02

Boston, Mass.-Charles L. Tucker,
convicted of the murder of Mabel
Page at Weston, suffered a bitter dis
appointment when his counsel called
upon him at the East Cambridge jail
with the news that the Supreme Court
of Massachusetts had denied the
prayer for new trial
When the announcement was made
the prisoner almost collapsed, and be-
came the same pitiable object he was
that stormy night last January when
he wept, wrung his hands and moaned
upon the declaration of the foreman
of the jury that he had been found
guilty of murder in the first degree.
This time there we're only he and
his attorney in the sheriff's office
instead of thronged court room, but
the news of the action of the Supreme
Court was almost as severe blow
as was that verdict Of the jury.
Tucker trembled all over and his
emotion gave way in a violent fit of
sobbing. His counsel. Thomas F. Va
hey, had to grasp his arms to prevent
him falling, so serious was the shock.
Mr. Vahey arrived at the East Cam
bridge Jail just before p. M, Tues
day. AS the visitors room at the Jail
was occupied Sheriff Fairbairn permit
ted Tucker and his attorney the use
Of his private office.
AS Tucker was ushered in Mr.. Va
hey, closing the door, said: Charles,
you will need your courage this after
noon, have bad news"
The prisoner raised his eyes inquir-
ingly and Mr.. Vahey said: "The Su-
preme Court has overruled our ex-
ceptions."
Tucker broke down completely,
With the first sobs Mr. Vahey was at
iseside supporting him, and he held
the trembling figure in his arms.
"My God" repeated Tucker over
and over, 81 can't stand this. Isn't
there any hope?"
AS the tears trickled down his
cheeks and his frame shivered, as if he
were afflicted with the palsy, the at
torney offered words of consolation.
He held out the prospects of a re-
versal of the judgment by an appeal
to the u s. court and told him that
his counsel would not relinquish their
efforts to obtain a new trial.
For 40 minutes Mr.. Vahey said all
the promising and encouraging things
he could think of and gradually sooth-
ed the young mans agitation. But all
the time Tucker was giving utterance
to the most melancholy thoughts, and
would not be comforted.
When the attorneys visit was over
a very weak and sorrowful man was
led back to cell.
fuckers counsel have not had op
portunity to read the decision of the
Supreme Court. James II. Vahey, SEN
ior counsel, was taking part in the
trial of DR.. Percy d. Mcleod in the
Superior Court when he heard the
news of the action of the Supreme
Court
81 cannot tell what our course will
be until l have read the decision"
said Mr.. Vahey. Il cannot possibly
give any attention to 1t until have
finished the trial of Dr. Mcleod. Then
| shall read the decision and confer
with my associates as to the next
move to be made in fuckers behalf.
1--WE shall not abandon the case
here, however. l may safely say that
we will make an effort to carry the
case to the q. S. Supreme Court on
federal questions involved in our ex-
ceptions.
at may be that we may be con-
vinced that 1t will be advisable to pc
tition the Supreme Court for a re-
hearing on some of our exceptions.
But until 1 am familiar with the text
of the decision can only say that
we will not rest until we have ex-
haustnd eyery resource"