Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-04-09

be frauSht with dangerous conSc-
quenccs"
This is what District Attorney Whit
man wrote:
'"rhc crime of which these men arc
guilty was assassination, in n public
place, of a witness for the state, ana
was the boldcst challenge and defiance
of established law and order in the
history of criminal Justice in this
safe. To delay or prevent tho cXecu-
' ton of the just Judgment of the law
| against them would, in my opinion,
tend to destroy the sense Of security
which every law-abiding citizen should
! feel"
"As sworn public official, l would be
recreant to my duty if l should fail to
point out the grave danger involved to the
community and to the administration o:
! justice in staying the operation of the law
for reasons so trifling rs have been pre-
scented on this application
/ after an exhaustive examination Of
, the entire case" the Governor continued,
Il am convinced it would be a misrar-
rage of justice to grant communication.
and an improper exercise of executive
/ pow"r to gTant"a a ropricvc.
1T is clear from the evidence rs stated
in the opinion of the court of appeals that
this case does not in the least depend
upon the result in the Becker case. The
cases are entirely different. This Is clear
~ pointed out by judge Chase. VINO IL his
opinion says:
in this case, while the conspiracy is
sought to be shown by the same wit
nesses and substantially by the same
corroboration of such witnesses as in the
Becker case, and the statements of the
men i'm that case are applicable to such
| testimony, the testimony of prime i'm
portanCc in the determination of this APP
peal is that relating to the actual fact
! Of the killing Of Roscnthal. The simple
question is whether the murder was COM
mtted by the defendants or by others.
If the direct testimony given by the
! witnesses called on behalf of the people
| in this case is true, the defendants are
guilty Of the actual murder of Rosenthal,
and the other testimony in the case is
of minor importance"
| There j. nothing in the case before me
to show that there is any reasonable
probability that anything be developed
on the new trial of Becker that could In
any way change the result reached in
! this case If the defendants possessed
any credible evidence to support a mo-
ton for a new trial, they have bad six
, teen months since their conviction and
SIX weeks since the decision of the court
+ Of appeals in which TO present it to the
f courts on a motion for new trial, but
z they have not made any such motion
p THIS is cmiuently a case for Justice, not
p mercy, and the forum to deal with new
I evidence. II any. is the judiciary, not the
, executive.
] THE natural considerations which nav
o urged me and would urge any publi
q official with the power to reprieve, t.
q halt an execution OF four human beings
!. have moved mo to consider every sug
ing "A rcpreve; but after reading ant
rcreading the record of the case tn
q communications to me from the presiding
n judge and the prosecuting attorney, a
r well as the unanimous opinion of tn
court of appeals uphoding the verde
4 Of the jury that passed upon the evi
dcnce in the trial and thoroughly con
# sideiing the defendants petition and al
- the facts that have been brought to m
>, attention, | cannot escape the conclusion
n that it is my duty to deny the applica
- ton for either communication OF sen
n tence or a reprieve. The application j
T., therefore denied
, | At first the Governor was inclined I
~ grant the reprieve, but after studying a
court of appeals, his view was changed.