Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1907-05-09
THE UNWRITTEN LAW
Justice Stafford s View of Plea in
Murder Trial.
Declared to he Bnrbaric in Address at
Vermont Association Sugar Feast
Assumes Relation of Som
in-Law.

Justice Wendell Phillips Stafford Of the
District Supreme Court, in an address In
National Rifles Armory denounced in no
uncertain terms pleas of the unwritten
law and temporary insanity in defence
and justification Of murder and declared
communities which allowed and supported
such doctrines to be barbaric.
Justice Stafford was the valedctorian
of the toast list at the annual sugar
party" given under the auspices of the
Vermont state association in Washington.
! He followed Justice David ] .Brewerof the
| United States Supreme Court, Capt. Will
liam p. Potter, L. S. ~, and Interstate
! Commerce Commissioner c. \. Prouty,
rays the Washington Star.
1 In the course Of his address in which he
! paid many compliments to Vermont as
State and the citizens OF the common
. wealth Justice Stafford said:
Justice Brewer has spoken of the 10y
! atty OF the citizens of Vermont to the law,
and | also have word to add on that
| subject We never heard Of the unwritten
| law in Vermont. A State may boast of
| It's lineage; may say it is one of the
| thirteen colonies; may be either north or
Eouth-1 care not what its lineage or its
. boasts may he-when 1t allows a citizen
10 go out and shoot down another deliber-
ately and permits him to come into court
and say. i am justified on the unwritten
law; I have taken tho law into my own
hands; | am judge and jury" then that
State belongs with the States OF bar
barlans. And yet | have heard lawyers
right here in this community have
heard persons here-quote a Judge in
support of this doctrine.
THE unwrtten law gives the man killed
no trial. Isn't that manly thing to do
silence n mans lips in death and then
plead the unwritten law, refuse the dead
man a trial but demand trial and JUS
tiAcatlon for himself?
THE INSANITY PLEA.
Next to the urwritten law. among bar
baric customs. Is that of pleading tenn
| porary insanity. | have n great respect
for the man, who for the sake Of a great
| principle and to uphold a great cause.
goes out and deies the law. Such a man
was John Brown. He knew it was treason
to continue his campaign at Harper's
Ferry, and he knew it was death. But he
acted for the sake of the black race of
the south. And when someone suggested
n the trial that Brown was insane, he
quickly rose TO his feet and showed that
\ the others in the trial room were no more
sane than he. Put that man beside the
southern gentleman who shoots down an
other and who asks the jury to justify his
crime because he had brainstorm.''
The cutting satire in this last sentence
vas emphasized in the speakers voice.
Justice Stafford concluded that part of his
address by stating that he had not in
tended it as part of his speech. but that
| the matter had been suggested by some
thing Justice Brewer had said.
THE SUGAR FEAST.
Every one in National Rifles Armory
last night had a sweet tooth. The seventh
ANIMAL maple sugar party of the Vermont
State association was the occasion of
gathering of over 800 persons. most Of
them from the Green Mountain State.
After all adjourned to the first floor
whore many long tables, accommoda ting
fully 500 persons seated were found heap
ell with dainties of the State. Ate. the
repast toasts were given, and later dane
ing was enjoyed by members of the
younger set until the early hours of the
morning.
The maple syrup tasted like that brand
Cf pure make that has made Vermont IA
NOUS, and the mattresses were kept busy
serving the wholesome liquid. In the alb
fence Of snow cakes Of ice We're provided,
md the maple syrup was prepared in true
Vermont style. Many stories of the sugar
parties of the Green Mountain State went
around the banquet board during the
aXing of the syrup.
Edward l.. Temple, president OF the as
ISOLATION. was the master Of ceremonies,
and before feasts began he put the COM
pany in good humor up several stories,
and introduced Justice Brewer as the first
speaker of the evening.
JUSTICE BREWER A SON-IN-LAW.
In opening his remarks Justice Brewer
said that while was not a son of Yer
mont, he was a son-in-law as he had mar
ried Vermont girl. He praised the state
FOR its scenery and its patriotism as
shown in the revolutionary and civil wars
and its civil life.
mo graft Is found in its municipalities 4"
ne said. All through this great land of
ours we hear tales of municipalities that
makes us almost tremble for the future Of
this country. That is not So in Vermont.
Nor do we hear Of graft in the state legis-
lature, Wall street is this side of Vermont
and always will be"
Continuing he referred 70 the loyalty to
law in Vermont, and in this connec-
ton, although not mentioning the name,
he obviously referred to the case Of Mary
Rogers, for whom efforts were made to
get a death penalty committed to life i'm
prisonment
Wherever the law provides for the death
penalty, see that the full penalty Of the
law IS enforced, / have little patience
with this maudling sympathy that a
woman should not suffer death penalty
II pou wish, but If you retain IT, see that