Norwich bulletin., 1912-08-31
SPENCER DENIED
 CHANCE FOR LIFE.
Justice Oliver Wendell Holmes Refused
 to Grant Writ of Error.

Justice Oliver Wendell Holmes of the United States supreme court consider cd informally at Boston yesterday, salj Fridays Springfield Republican, tn" application for a writ of error on con- stitutional grounds made by k. P. Sta pleton, whose client, Bertram c. Spen esr. is under sentence to be executed next month for the murder of Miss Martha B. Blackstone in this city on March 31. 1910. Justice Holmes at once after hearing Mir. Stapleton's ar gument refused to let the writ of error issue, and that, without doubt. marks the end of the regular court procedure in this case. It would be possible to take the matter before other individual justices of the United States supreme court, but in view of the slight pros pect of any one of them acting favor ably there is no likelihood that further attempts will be made in this direc- ton. lt would require such action by a justice to bring the matter before the highest court in the land.
 Mir. StapletOn found Justice Holmes zt his summer place at Beverly Farms and the justice consented to mee- Spencer's counsel at the law library in Boston. The application was made in- formally, but Justice Holmes decision
  nal procedure would have a different result. The only hope of saving Spen- cer from the electric chair now rests with tbe-gevernor and council. Cover nor 'F'oss has not yet said whether or not he would submit the petition for comm mutation of sentence to the coun- ctl- Spencer's mother, along with his counsel on Tuesday saw Governor Foss and some members of the council, but there is no definite indication of their attitude. Mir StapietOn hopes that the governor will decide to have Spencer examined by experts to deter mine his sanity or insanity. The re- port Of such a commission would largely determine whether or not the petition Tor communication would be pre- sented To the council
 lf there should be hearing before the council, the date would probably be Sept Il. but Mr. Stapleton migbf have to ask for a little more time on account of the absence of witnesses that he would want to bring before th6 eounelt' and of the illness of Charles ia oung, who is associated with him in the defense of Spencer and who has not yet recovered his full strength af- Ter his severe illness.
 Petitions for Writ of Error.
 lhe governor can give no au- cwer 10 this petition until his council meets and it seems improbable that any special meeting of the council will be called before September II. the date Tor their next regular meeting. After presenting that petition to the governor, MT. Suspicion remained in Boston attending to other details of the case. If the two matters now pending the petition for the writ of error and the petition for commuta ion are both finally denied. there seems 10 be no loophole through which eny escape from. the death sentence feuid be effected. Attorney Stapleton is leaving no stone unturned which may benefit his- client.
 The petition for 9 writ of error is as follows.
 To the Honor able, the Justices of the
 Superior Court
 And now comes Bertram G. Spencer and complains In the records and pro ceedings and also in the rendition of judgment in the plea between the com monweaith of Massachusetts and him. self and says that heretofore to wit on or about the first Monday of May ia the year of our Lord 1910. the grand Jurors m and for the said county of Hampden, returned an indictment
 
 Martha B. Blackstone, and he, there afterward to the said indictment being srraigned pleaded and said not guiItv thereto. Thereafterward other pro- oeedings were had and on the 18th day 0f September, 1910, he, the said Der tram c. Spencer, by his counsel filed a motion in said superior court. within and for the said county of Hampden representing to the said court that he pas then insane. and in such menta Condition, that his commitment to z hospital for the insane was necessary for his proper care and observation pending the determination of his in. sanity and thereafterward to wit. or the 1Ith day Of September, 1910 { hearing was had before the said cour pending the aforesaid motion, and f appearing to the court from the testi mony of experts in insanity that he rne said Bertram c. Spencer, was il such mental condition that his com, mitment to a hospial for the insan, was necessary for his proper care anC observation, pending the determination of his insanity. it was thereupon or dered by the said court that he thu said Bertram G. Spencer, be commit ted to the Bridgewater state hospital situated in Bridgewater in the county of Plymouth and commonwealth afore. said for the purpose of determining his mental condition until the furthe order of the court.
 That thereafterward to wit, on O. about the first day of August, A. D. 1911. by virtue of writing from tn, chief justice of the said court to tn, sheriff of said Hampden county, thu said Bertram c. Spencer was brough by the sherim of said county from saiC BridgewsIer state hospital to the saiC Hampden county jail. ThereafterwarC to wit, on the 18th day of November 1911, the said Bertram c. Spencer b! his eeuRael moved the said Bertran