The Barre daily times. (Barre, Vt.) 1897-1959, 1912-01-25
Gov. Foss' Executive Council
Voted Against. Communication
THE VOTE STANDING 7 TO |
After Lengthy Debate, the Council An
nounced Its Final Decision This
Afternoon-New Evidence Not
of Sufficient Weight.

Boston, Jan. 25.--The fight to save
Silas n. Phelps, the murderer of Deputy
Sheriff Emmett +. Haskins at Monrot
Bridge, from the electric chair finally
failed this afternoon, when the execu.
tive council by vote of 7 to refused
to commute the death sentence. Phelp.
probably will be executed early to-mor-
row morning, and certainly before sun
rise Saturday
The fate of the condemned man was
debated at great length behind closed
doors by Governor Foss and the eoun-
ell, the meeting following the open ses-
sion of yesterday, at which it was said
that additional evidence bearing on the
case would be presented to-day. The
members of the council expressed their
willingness on adjournment yesterday to
hear new evidence, although there was
no intimation of change in opinion
since last week, when the council voted
against the Communication. Meanwhile
Warden Bridges OF the Charlestown
state prison was asked to put off the
execution until after the hearing to-day,
and he said he would do so.
To-day's hearing was started shortly
after 10 o'clock, and it WAS early this
afternoon when announcement was made
that the council had again voted against
communication of the sentence.
At the open session, Attorney Daven-
port. who defended Phelps when he was
tried for the killing of Deputy Sheriff
Haskins, furnished the principal plea for
. l.,
based his request on the assertion that
man named Bisfep, of North Adams,
could throw more light ON the felony,
alleged to have been committed by
Phelps, which led up to his attempted
arrest, when he shot the sheriff. The
attorney also said he had additional
evidence, of which he told the council
in executive session. He said he was
not able to produce one witness he want
ed and asked that a reprieve of sixty
to ninety days be granted, that he might
furnish the council with the new facts,
and also have the wife and children of
Phelps appear, Mrs. Phelps being now
too sick to attend.
When asked if he did not think such
reprieye would prolong the punishment
of Phelps, Attorney Davenport said he
did not. He had consulted with the
prisoner, he said. and found him favor
able to such reprieve, even though it
might not ultimately change the sen
tenee.
Major Thomas l.. Walsh of Clinton,
of the governors staff, who said his in
tcrest was merely that of one trying
to save life where he thought ques.
tion of Justice was involved, presented
a letter which had been written to
the council by Phelps in his cell
In the letter, Phelps said he did not
have any grievance against Sheriff Has
kins and when he was aroused by the
heavy pounding at his door he thought
that gang OF men had got together
for the purpose OF furnishing him for his
assault on his employer. He declared
that the knife wound which he inflicted
on his employer was made in self de-
tense. He also said he did not know
that there was sheriff in the gang
when he fired the fatal shot.
The formal petition for communication !
was presented by +. W. Cote OF Will |
,raham. which bore 400 signatures.
District Attorney O'Donnell of the |
northwestern district appeared in opposi-
lion to the petition. He reviewed the |
.ase in full and declared that the trial |
had been fair and the verdict just en- |
the fact that any evidence |
concerning the alleged felony |
by Phelps had no bearing on !
he sentence OF Phelps to death for the I
murder of Deputy Sheriff Haskins.