Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-12-08
HOUSE REUSED TO
A HIGH TENSION
Discusses Committing Death Sen
tence of Elroy Kent for
over Two Hours.
CRUES0ME EXHIBITS SHOWN
Question of Sanity and Doubts Of
Guilt Advanced Memorial
Service for Late Presi-
dent Buckham.
CRUESOME EXHIBITS SHOWN

Montpelier. Dec 1.-The House was
strung to a high tension this morning
when for more than two hours it dis
cussed the question whether or not the
death sentence of Elroy Kent should be
rommuted TO Imprisonment for life. In
anticipation OF the debate, the galleries
and lobbies were crowded. Several at
tempts were made to cut off the debate
but the House was decidedly opposed to
this, and when the noon hour was passed
or motion OF Mr.. Billings OF Woodstock,
tho bill before the House to commute
Kcnts sentence was again ordered to lie
and was made special order for next
Tuesday morning at 1890.
The debate took a wide range and in
cuded not only the life of the respondent
which the House for the time being had
in its hands, but touched upon the con-
stitutionaity Of the Legislature coinmut-
ing a death sentence and as TO the
mental status Of Kent.
All the gruesome exhibits that were
shown when the trial was held in Rut-
land county court were on exhibition In
the center of the hall. These included
the instrument with which It is said Kent
killed Miss Congdon. Mr. Stone OF
Wallingford in opening the debate raised
the question of the constitutional right OF
the Legislature to pass upon a question
that has once been settled by the
supreme court OF tho State Mr.. Stone
arst took ZIP the history of the crime
as published in the Ludlow Tribune {
week after It was committed. He called
attention to the exhibits and then sale
ne was willing to let the case 20 to thu
House.
NO OTHER STATE DOES IT.
Mr.. Hunt of New Haven discussed thu
constitutionality Of bringing the case be
fore the Legislature and urged that thu
Legislature has no right to interfere
lie said no other State in the Crlor
ever assumes to review tho final de
cision of court of Justice. The Yer
mont Legislature has no right to dt
this on hearsay, prejudice or newspaper
reports without any direct testimony
and cannot on such evidence decide tina
the court erred. If the Legislature II
court Of justice it can reverse every
decision Of the Supreme Court VI w
can decide that Kent Is not guilty, We
can with equal propriety decide tina
some other person who has been ncquit
ted for a capital crime is guilty. Mr.
Hunt quoted from an opinion in inur
der case rendered by Judge w. p. Stat
ford OF Washington. II. c., in supper
of his contention Mr.. Stafford OF Brat
teboro argued that the Supreme Court
and not the Legislature is the fina
tri ounal in such cases.
Mr. Martin of Brookline called atten.
ton to a bill passed by the presen. Leg.
islature in which iuries when they con.
vict OF capital crimes may add with
capital punishment He argued that II
the law had been in force when thu jury
tried Kent they would never have pro
bounced his doom. Mr.. Martin argued
that Kent is n degenerate and insane
and not fit person for the gallows.
At this point Mr. Schofield OF Rich
ford moved that the bill be ordered te
he but this the House refused to DO
Mr.. Oatchell of Charleston also mad,
An argument that the Legislature ha,
DO constitutional grounds for Interfering
with the sentence Of the highest court
ATTORNEY-GENER HEARD.
Mr.. Wall Of Dorset said that there wer,
not more than three men In the Hous,
who knew anything about the con
stitutlonality of this question. He SAT-
Vermont is not IN the habit Of hangin,
fegenerates and idiots The State Legis
lature has committed sentences In tn,
past and II it had not that power now
10 wanted to know the reason. At thi.
point, at the request OF the House. which
was covered by rule %, Attorney Genera
u,hn l..
prosecuted Kont at this trial, was asked
10 give his opinion In the matter. tn,
attorney general said there was only on,
snswer to tho question asked by Mr.
Wall as to whether or not Kent hat
beer adjudged insane and that was tina
he had never been so adjudged. He hat
repeatedly been convicted OF crimes
against property, and at the time he es
capped from the State asylum for tn
Insane ut Waterbury he was under sen
tence AT Windsor for burglary. His con
dIot there was such that he was sen
10 Waterbury for observation.
The attorney general said the jur.
that tried Kent answered tho question
OF his sanity. Ho did not desire to oppos
or favor the bill under discussion. Meth
er did he caro- as a lawyer to answe
orhand In regard to the constitutlonalit
or bringing the case before tho Legisla
tire. In other cases. he had believe,
the Legislature had no power to com
mute the death sentence. He would ex
press no opinion as to whether or no
Kent should be hanged. but in his pro
secution of the case he had tried TO d
his duty The attorney general answere
several questions proposed by variou
members OF the House
FOUR SENTENCES COMMITTED.
Mr.. Webster OF Swanton said tn
Legislature Of 1909 commuted tn
death sentences OF four murderers. Tn
question OF c0nstitutionality was nc
then raised, and 1t is brought I'm no,
20 dodge the main issue He said tn
Legislature has the right to commut
II il so desires; as lawmakinR bod
u has the right to say whether tn
sentence in this case, which was Axe
by law and which the court had
pronounce. was just sentence.