The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-01-18
MURDER|N SECOND
DEGREE AGAINST
ALFRED MAHAN
Verdict Returned by Jury at
GAS This Forenoon
WILL BE SENTENCED TUESDAY
Murderer Did Not Comprehend His
Fate Until Explained to Him
by Deputy.

Gentlemen of the jury, have you
agreed upon verdict
I'VE have"
Alfred Mahan, stand up"
Prisoner, look upon the jury
Jurors, look upon the prisoner
What is your verdict"
Guilty in the second degree"
| And Alfred Mahan had escaped the
gallows. though with a certainty OF
being condemned TO prison for life.
The Alfred Mahan murder case,
which has been on trial in county
court since December g. ended at
9:45 this forenoon when the jury fore
man. A. b. Sheldon of Rupert. pro-
nounced the words guilty in the
second degree"
Ii lacked twenty minutes of five
o'clock yesterday afternoon when
judge Seneca Hazeton completed his
exhaustive and comprehensive charge
/ to the jury and the twelve were in
structed to retire with the case. They
were instructed by the court that
should they reach a verdict early in
the evening or as late as o'clock to
so notify him and he would assemble
court to receive it. If they did not
come to a decision at that hour, his
instructions were that they retire and
take up the matter again in the morn
ing.
No decision had been reached when
the jury assembled for breakfast, but
at $50 the court house bell rang and
people began fiocking from every d.
rection into the court house. In five
minutes every seat on the floor was
taken and the gallery was practically
filled with women.
When the jury entered the room,
the foreman. A. B. Sheldon of Rupert
instead of Charles N. Williams of Dor
set headed the line. They had hard
ly taken their places when Clerk
Stakeholder ordered them to rise.
The respondent was next told to
stand up and look upon the jury. To
the question Have you decided upon
a verdict the foreman replied in the
affirmative and that the decision was
murder In the second degree.
Yesterday Mahan had the compan-
iOnship of member Of his family
while the attorneys were going over
the case for the last time, but today
he was alone, pitiful, lop-shouldered,
allow-complexioned. understood man
who although he is now "a years Of
age, still retains the undeveloped face
of boy. He was more than usually
alone this morning, for the attorneys
were not in their seats, having with
drawn from the large table and group
ed themselves in front of the clerk S
desk. This left Mahan the one CEN
trail figure in a large area and for all
that one could tell from his appear
ance he was more absorbed in solv.
ing the why of this change than any.
thing else.
When ordered by the court to rise
and face the jury Mahans actions
were almost mechanical. After the
verdict bad been announced he stood
calmly in front of his chair. facing the
jury and when the jurymen resumed
their seats he sat down without the
slightest change of countenance or
manner. II was apparent that he
failed entirely to grasp the situation
and that he had no comprehension OF
the meaning of the verdict. Deputy
Sheriff Nash accordingly LETT his seat
and going to the young man told hin
what his sentence would be. Then
the first look of realization came over
his face, he turned pale and dropped
his head in his hands. This last
demonstration of low intelligence con
WINGED many in the court room who
had hitherto favored a verdict of muir
der in the first degree that the decis
ion of the jury was Just
Mahan will probably not be sen
fenced before Tuesday.
Sheriff Fred Godfrey, who has been
Fill since the first of the month with
pneumonia, was in court today to
hear the jury give its verdict. He
shows the effect of his illness, but is
rapidly regaining his strength.
Yesterday Photographer Gokay took
group picture of the jury in order
that they might have souvenir Of
the long days that they had>passed to
gether.
The testimony, according to Cour,
Reporter G. S. Chase, will make 700,
900 words, about the same number as
the Fairbanks trial at the last session
of Windham county court.
His brother lawyers crowded arount
10. M. Barber to congratulate him OF
, the success of his tremendous figh
against seemingly overwhelming odds
to save the life of the accused. Hi'
colleagues, r. E. Healy and E. II. Hol
den also came in for a share of thu
credit.
Mr.. Barber stated that it is no
| probable that an appeal will be takei
/ to supreme court