The news-democrat. (Providence, R.I.) 1906-1909, 1906-06-05
FINAL EFFORT
Continued from page one.


Hhe accused youth, Walter Tucker, their
kon. and Mrs. Anna Hale. Mrs. fuckers
sister. were witnesses Of the proceedings
by permission OF Gov Guild, who had
promised 10 give them a private audience
IN the executive chamber at the conclu-
sion OF the hearing The witnesses were
not allowed In the chamber. but were
held outside.
The governor opened the hearing by
stating that IL was given TO afford op
portunity TO show cause why the SEN
tence should be stayed by commutation
through the constitutional power OF the
governor. He said that the evidence TO be
offered must be confined 20 new evidence.
James III. Vahey fuckers senior coun-
sel In answering the governor said that
the counsel for the defence were not
pressing any evidence except those prop
erly urging for executive clemency and
they only asked that the sentence of
death be commuted 20 Imprisonment for
life.
Continuing, Mr. vahey said that a great
deal of the evidence which would be ina
troduced to the governor would not be
competent in a legal trial, but later Mr..
Vahey said that the testimony would be
entirely new matter 10 the governor
In closing Mr. Vahey summed up the
reasons why he asked for clemency In
committing the sentence which were on
the ground OF purely clrcumstantial evil
dence at the trial, a reasonable doubt of
fuckers guilt. of prejudice against the
defendant In the county because OF the
rufnors attributing 10 him the RESPONSE
bility for the death OF his wife, the doubt
1ul veracity of the evidence OF some or
the witnesses and also OF some OF the ex-
pert testimony, that some OF the hand
writing experts we're OF notorious charac-
ter, that there was a general opinion that
a Communication would permit the discov-
cry of evidence TO substantiate the doubt
and lastly that DR.. Francis A. Harris.
one Of the experts OF the Commonwealth
has stated since the trial and over his
own signature that he was mistaken and
that the medical testimony OF the COM
monwealth was manufactured and In
vented.
Among the other reasons for clemency,
Mr.. Nahey said, was the question as TO
the stick pin. the blood upon the pris-
oners clothing, the doubt as to his being
able TO be near the house at the time the
murder was sadd to have taken place,
that some of the members Of the jury are
an doubt now as to some or the evidence,
and that the general opinion OF the COM
munity Is that the ends OF justice would
be best served by commutation.
At this point, former Attorney General
Parker, who conducted the governments
case, interrupted and said that no Glenn
ency could be prayed for by impugning
IIe sentence pdSSeO, tnat every one Oh
the reasons read by Mr.. Vahey tended to
1mpugn the validity OF the judgment and
the government Is asked to retry It's case.
Mr.. Parker then asked the governor to
make a ruling on the question OF whether
the ground upon which the Intervention
1s sought should not be stated In order
that the hearing might go on in channels
defined by the governor.
Mr.. vahey then went back again and
said that the hearing should not be linn.
ited 10 the presentation OF evidence com
petent In court. but should be on reasons
merciful. humane and equitable.
49, The governor said answer to Mr..
Parkers request for a ruling. that Glenn
would be very glad to hear any new evil
dence.
Mr. vahey then said that he desired TO
present a number of affidavits the prin-
cipal one being the statement over his
own signature OF one OF the medical ex-
aminers that he committed perjury and
that the whole medical testimony on the
part OF the commonwealth was invented.
More than half an hour was consumed
in controversy between Messrs. vahey
and Parker over the question OF admitting
certain affdavits Finally Governor Guild
ruled that Mr. Vahey might read the AMI
davits. which were from Catherine f.
Burns OF Hopkinton and Leopold r. Bar
rows OF Dorchester.
Both stated that they had seen Tucker
wearing a Canadian pin
George III. Chase OF Brighton. formerly
employed by the Boston and Albany Rail-
road, stated that he knew Tucker and
that the latter wanted To swap a pin with
him, and that at another time Tucker
offered 10 sell him a Canadian pin for n
dollar. Neither trade was made AT
o'clock a recess OF one hour was taken.