The Barre daily times. (Barre, Vt.) 1897-1959, 1910-12-02
House Spent all Forenoon on
Bill to Commute
SENTENCE OF CONDEMNED
Then the Matter Was Put Over to Next
Tuesday Morning-Exhibit of the
Murder Shown by Attorney
General Sargent.
.rnoat state Library

Altei deUdtHg Jne question all this
forenoon, the Vermont House of Repre-
sentatiyes at 1915 p. m. postponed
action till next Tuesday morning on the
life or death OF Elroy Kent, condemned
TO be hanged next February for the MUIR
der of Della Congdon at Walhngford two
years ago The bill to commute Kents
sentence from death to life imprisonment
came into the House ON an adverse re-
port So great was the interest in the
matter that Attorney General Sargent
was allowed on the floor of the House
to express his views.
Before the House was called to order,
much interest was displayed in an ex-
hibit furnished by the attorney general,
consisting of photographs of the scene
OF the crime, OF Kent and of the BODY
OF his victim, as it was found after the
murder. There were also blood-stained
club, with which the deed was commit
ted, and portions of door, on which
were carved the words, e Kent, July
p, 1908"
Mr.. Stone of Wallingford, the first /.
speaker raised the question of the con-
stitutionality of the rights of the legis-
lature to review the decision of the
courts. He said the members could ease
their conseiences by treating the case
from that standpoint.
Mr.. Hunt of New Haven wanted the
Question settled on the merits Of the
constitutionality Of IT, He did not be.
lieYe the legislature had the right 10
commute. The fact that it had done SO
was peculiar to this state. He quoted
at length from an address BY Judge
Wendell P. Stafford before the State Bar
association in 1898, in support of his
contention
Mr.. Stafford of Brattleboro did not
believe in interfering with a decision of
the supreme court, and neither did Mr..
Scodeld Of Richford.
Il Mr.. Martin Of Brookline argued that
Kent was insane and degenerate, that
the state in the past had pardoned mur
derers, and that it had Just the other
day passed q bill changing the punish
ment for murder in the first degree
Mr.. Getchell Of Charleston did not
consider that the legislature was com
ipetent to pass on the question OF Kent's
sanity or insanity.
Mr.. Yiuil of Dorset did not think the
legislature competent to pass on the
Iconstitutionalty of the right to com
mute the sentence. He wanted to know
more about Kent's insanity before he
could act intelligently in the matter.
Mr. Grout OF Townshend moved that
under rule . attorney general be re-
Iquested to speak to the House on the
case, and it was so voted Attorney
General Sargent stated, in answer to
questions. that Kent had never been
declared insane by court and that the
defense in the case was based on insan-
Iity He was inclined to doubt the con-
stitutionality Of the right of the legis-
lature to commute but did not care to
express an opinion without more prepa-
ration.
Mr. Webster OF Swanton said that the
question of constitutionality had been
brought into the case to obscure the real
question. Tie said il would be no slap
at the courts and that the legislature,
in his opinion, had a perfect right to
review the case.
Mr. Fletcher of Cavendish favored the
bill and Mr.. Cory of Montpelier was
willing to stand up and be counted for
commutation.
Other S, eakers We're Mr.. Daniels of
! Warren, Mr. CARL of Canaan. Mr..
/ Wright OF Westminster, Mr., Maun Of
I St. Adams. Mr. Bailey OF Randolph.
Mr. Stone of Walliugford read extracts
/ from the testimony in the trial Of Kent.
4 Speaker Howe himself descended to
the floor of the House, relinquishing the
/ chair to Mr.. Babbtt of Rockingham, to
\ speak in favor of communication. Speaker
\ Howe said that both the superintendent
II and the chaplain at the state prison
believed Kent to be insane. Mr. Powers
/ of Whiting was also in favor Of eommu-
/ tation As ii was well into the dinner
! hour. the House then ordered the bill
to lie till next Tuesday morning at 10,
when it viii come mp as a special order.
| Both branches of the legislature de-
/ ferred their afternoon session to-day till
o'clock, out OF respect to the late
President Buckham of the university
of Vermont.
Senate Votes One Railroad Investigation.
The Senate to-day adopted in concur
renee the resolution providing for an
investigation of passenger rates on the
Montpelier & Wells River railroad and,
on motion of Senator Tuttle of Rutland,
referred similar resolution on the Rut-
land r. R, TO the railroad committed
The committee on proposals of amend
ment to the constitution made its report
to-day in favor Of the proposals, and 'e
report was ordered to lie and be print
The weights and measures bill, wh
was amended yesterday, was to-day
dered to lie.
The Senate passed ia concurrence bills
to incorporate the Vergennes Power COM
pany. amending the charter Of the Amer
lean Fidelity company and the act maxi
ing provision for rebuilding any state
institution destroyed by fire.
Legislative Notes.
The House has been doing business az
a great rate for the past two days.
Wednesday It disposed Of 81 bills aud
Yesterday of over go, so that when ad-
iournment was taken everything was
cleaned up stick and clean. The speaker
asked committees 20 hand IN their re-
ports as fast as they were ready. 80 that
the House might have something TO
work on. and he is so encouraged over
the gait of the past two days that he
predicts adjournment by week after next
Il should be kept in mind however, that
the bills disposed Of so rapidly have
been mostly those of minor Importance
and that none Of the real perplexing,
ffi,rttt.-t.g r., fa45-ah - %