The Barre daily times. (Barre, Vt.) 1897-1959, 1913-12-12
BRUTAL MURDER"
HE CALLED CRIME
Appeal Made Partially on
Ground That Bosworth
Is Mentally Deficient

fused to grant reprleye 10 AFIpur Dos'
worth, condemned to be hanged at the
Vermont state prison on Jan. 2, l9l4
for the murder of Miss Mae LABEL al
Essex Junction in 1911.
The hearing began at 2:20 in the ex-
ecutive chamber at Montpelier. Messrs
Clark. Stevens and Rev. Mr.. Manner APP
peared in Bosworth's behalf while the
state was represented by Attorney Gen
eral Rufus Il. Brown and States Attor-
ney Shaw, who assisted in the prose-
cution of Bosworth.
Attorney Stevens, who has been re-
Gently entered the case, read the petit
ton, which covered five typewriter
pages. A brief summary follows:
I'm bringing this petition for the re-
prieve of Arthur Bosworth before Your
Excelleney, | wish to say for Mr.. Clark
and myself, as counsel for this partieu-
lar purpose, that we have no other mo
tive than to do what we can consistent
Is and with good conscience to the end
I that the condemned man, wretched and
despised though he may be, may not be
deprived of any constitutional right to
which he may be entitled in common
with all men who are subject to the
laws of the state and country.
"We are not sure that the courts
would hold that he has been deprived
OF any constitutional right or that he
will be so deprived if the sentence OF
the court is executed on the second day
of January next. But we do believe
that ii is fairly debatable question
NtsI flar l,, ho, al, "A ham do
prived of constitutional rights common
10 all persons living and dying under
orr scheme of government"
He continued saying that the legis-
lature of the state is the most supreme
court in the commonwealth and since
time immemorial has had the power to
commute a death sentence to life inn
prisonment and, as he understood it had
exercised that right frequently.
Mr.. Stevens argued that force and eff
feet of the law was to recognize the
right of every person under sentence of
death to have his case brought to the
attention of the legislature for action.
Attorney Stevens stated that Bos
worth's case was never heard by the
legislature. He never knew whether his
was a proper case for clemeney or not.
He was in solitary confinement.
He added that the bill was killed with
out hearing and he believed because of
the unpopularity of the member who
introduced it,
He said that the committee on judi
ciary to whom the bill was referred re-
fused or declined. to hear anyone in
Bosworth's behalf.
He argned that any law which in re-
lation to the offense or its consequences
alters the situation of the accused to his
disadvantage is an ex post facto law.
The attorney also talked on the right
of the state to keep a person in soli-
tary confinement for more than statu-
tory period. He said that Bosworth
fell limp to the floor of his cell while
reaching for book on a shelf.
He concluded with the words: Leav.
ing out of the question Bosworth's flend-
ish crime of which he was fairly con-
victed. the nestion still remains. has he |
had the same chance before the legis- |
lature that all others in like circum-
stances have had--the Harry Thaws" |
of society as well az the abandoned and |
penniless, so the error should be cor |
rected before the penalty is imposed.
The Legislature Phase.
At the conclusion of Attorney Stew |
ems argument, Governor Fletcher read
a letter from Chairman Ryder of the
ON judiciary, to which the bill |
was referred, wherein the letter stated
that although due notice was given to
M. J. Hapgood, the member who intro
duced the bill, to notify Bosworth's rep
resentatives that the committee would
hear their side of the case, no one APP
peared. The matter was postponed from
time to time to allow them all prepare
lion necessary. He further quoted Mr.
Ryder rs saying that he himself had
voted for Mr.. Hapgood's motion and had
after the bill was defeated
that another one might be brought in
the Senate.
Bosworth Mentally Weak"
Mr.. Manner made a brief address Civ
ng the past history OF Bosworth whom
lie characterized as mentally weak. He
said that he was the son of an inebriate
md depraved father.
He knew also that Bosworth had been
,rrested before the murder of the La.
'ell girl, for stabbing his wife. He pleaded
hat the governor, if the man had any
light under the constitution that had
Tot been accorded him, for the sake of
Ms good mother in "the old country"
pare his poor life.
He believed the man guilty of the
rhine beyond a shadow of doubt. He
aid that his attention was directed TO
he case by the request of the British
onsul at Boston that he act as spirit
lal advisor for the doomed Bosworth.
In a few words, Attorney General {
Brown argued that the amendment cited
~ Mr.. Stevens had been put into the
aw after the bill communication had been
TILED and said that there was no in n
ringement of the mans rights. IL
Governor Fletcher's Decision. l
Governor Fletcher, in refusing to
rant the reprieve said in part:
Gas regards the matter of constitu-
ional rights, / can find no provision Civ
ng the legislature the power to act in
ase like this and / believe if the case
iere taken to the supreme court on this
oint that body would not decide the
sgislature had any constitutional right
o act. After hearing you gentlemen l II
annot find that my mind has been fl
hanged as a result. The crime was n
rutal murder and l shall take no ae
,sNT O