The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-12-09
GOVERNOR ASKED
TO RETRIEVE
BOSWORTH
Claimed That He Did Not Have
Fair Hearing
DATE FOR HANGING JAN. 2
Young EnelIshman Who 5rutally
Murdered Young Girl at Eeaex
junction

Windsor Dec. S.-With but IS days
intervening before the date set for
the execution OF Arthur Z. Bosworth,
which is to be the last hanging in
Vermont, counsel for the condemned
man have instituted proceedings cal
oulated 10 delay the carrying out of
The sentence
A petition for the reprleve OF Bos-
worth, a British subject, now conln-
ed in the states prison and sentenc.
cd 10 be hanged on January >. 1914,
has been sent 20 Gov Allen NJ Fletcn
er, by his attorneys, Frank H. Clark
Of Windsor and Roland e. Stevens Of
White River Junction and it is believ
ed that early action will be taken in
the matter
The petition. which was dated a,
White River Junction, December 6.
and addressed TO GOV. Fletcher, is
signed by Bosworth's attorneys. i
reads as follows
Now comes Arthur +. BosWoriL
by his attorneys, Frank H. Clark and
Roland E. Stevens, and respectfully
petitions your EXcellency to grant a
reprieye from the execution OF the
sentence of death. which is command
cd to be done on the 2nd day Of Jan
uary, 1914, until such time as his
constitutional rights may be passed
upon by the courts. And for reasons
why this reprieve should be granted
counsel say as follows
First In their opinion tho
amendment TO the constitution OF Yer
mont, adopted and ratified by @ vote
of the free men OF Vermont on March
4, 1913. and proclaimed by the COVER
nor April s, 1913. is IN contraventa-
tion Of the Constitution of the Unit
ed States, Section TO- prohibiting the
granting by any state of an ok post
factc law
Second That in their opinion
the innlctlon of punishment by soil
tary confinement on Boswor'h for the
second time since his conviction is
cruel and unusual punishment, pro.
hibited by the Constitution OF the
United States.
The amendment to the constiu-
ton of Vermont referred to is as fol
lows, Chapter 2, Section 20:
mo person ought in any case, or
in any time, TO be declared guilty Of
treason or felony. by the Legislature.
nor to have his sentence upon con
yic'ion for felony committed, remit
ted or mitigated by the Legislature.
And your petitioner prays for an
early hearing ia case your Exceiieu-
cy does not think it eXpedient to
grant "a reprieve as prayed for with.
out healing"
Under the law as it stood a. the
time Of Bosworth's conviction. the
Legislature had the right to commute
or mitigate the sentence TO life I'M
prisonment and q bin was introduc-
ed on December 3. 1912. by ". j. Hap
good, the representative from Peru.
for that purpose.
Through some misunderS landing. ia
Is claimed. Bosworth did not have
hearing before the judiciary commit
tee, 20 which the bin for commura-
ton was referred. and upon receiving
an adverse report from that commit
tee the bin was killed in the House
of Representatives.
Just before the time fer the execu.
ton Gov. Fletcher granted o rcprievc
until January @. 1914. because. as tho
law was then. no person could be exc
cuted until The January following the
final adjournment OF the Legislature.
IL is claimed hy Bosworth's law
yers that their client had not been
allowed counsel until q letter from
Attorney General Rufus <. Brown
gave the desired permission TO see
the prisoner January l5. 1913.
The reprieye of Gov. Fletcher ro,-
lowed SO soon after this that nothing
further was done about the bin for
ccmmu,ation at shat time.
Counsel now say thai the ameuu
ment taking away the riaht which his
lawyers believe he undoubtedly had
at The dme De- was convicted and ser.
fenced. of asking the legislature to
commute DIS sentence. is urconstltu-
'ional Insofar Us be is concerned. al
though Be- might nct apply to con-
vlction had after the amendment
Uelt into cIec-
Bosrorth was Du. into solitary con
lncusut October %. 1919. and was
SO kept ului a few days prior to the
the sat Ter ths execution. January