Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1918-02-22
PETITION FOR NEW
TRIAL Is GRANTED
Ketchum Was Sentenced to Be
Electrocuted Next Month
Judgment Of S10,501 in Favor Of Affra
Ryder of Brattleboro SIMULTANEOUSLY
preme Court Session Here.

The Vermont supreme court convened
hero Tuesday forenoon for the Febru.
airy term. After prayer by Rev. d. +.
Trout of the Universalist church Clerk
Frank d. +. Stowe called the docket
and then Judge Hazelton read an
opinion in the case Of the state against
Francis Ketchum of Bennington, con
Vlcted of murder in the first degree and
sentenced to be electrocuted at the state
prison in Windsor the week of the first
Monday in March of this year. The
court holds that there was a mistrial
through the disqualification of one Of
the jurymen, F. II. Ferguson of Ben
nlngton, and grants the petition Of the
respondent for a new trial.
! On Sept 16, 1916, Ketchum shot and
killed William Costello of Bennington.
he has admitted that fact. Tho shoot
ing took place near the street railroad
track, and it was thought for time
that Costello was killed by street car.
Evidence later indicated murder and
suspicion attached to Ketchum, who
stole a horse and landed in Jail in New
York state. a confession was obtained
from him in Jail, although no particular
motive was apparent, and Ketchum told
of having large number of drinks Of
liquor the evening of the shooting.
7 hetchum was indicted in December,
1916, and was sent to the state asylum
at Waterbury for observation as to his
sanity. In June, 1917 he was CON
victed and the death penalty was pro-
nounced. Attorney f. G. Archibald of
Manchester represented the state and
Attorney Collins NJ. Graves of Ben
nington the respondent. Attorney
Graves moved for a new trial in Jan
uary of this year on the ground of new
~ discovered evidence and later filed
an amended petition on the ground that
Juror Ferguson was disqualified.
! 1t appeared that Ferguson assisted
the undertaken in moving the body of
Costello from the place where it was
found to the ambulance thence to the
undertaking rooms, that he saw the
blood-stained face and the blood soaked
ground where the body lay.
The court holds that Ferguson's
knowledge of these facts and his partic-
Iig9tion IN these66iroxal eS'fthh Tie bc11v
have exerted sinister influence in The
consideration of the evidence, and that
if he was qualified to sit as a iuryman
then 1t would have been right to have
had the entire jury composed of men
situated as Ferguson was, which the
court said was abhorrent to the idea of
justice.
While Kctchum has confessed to Kill.
ing Costello, a new trial is necessary
in order TO determine the degree of
guilt, that is, whether it is manslaugh.
ter, murder in the second degree or
murder in the first degree.
Ketchum was 90 years old and Costcl-
10 80, both laborcrs and unmarried. At
the time of the killing Ketchum had
been paroled after beginning a state
prison sentence for another crime.
Al the conclusion of the reading of
The opinion by Judge Haselton argu-
ments were made in the case of G. w.
Bradley against Amos n. Blandin and
the Somerset Land company. Attor-
ney j. x. Batchelder of Arlington ap.
reared for the plaintiff and Attorney
Hale X. Darling of Chelsea for the de-
PENDANTS.
The next case taken up was that o.
the Cutler company against Herbert G..
Barber, which involves the right Of
way between the Valley Grain com
pam building and H. G.. Barber s new
building on Main street. Attorney W.
II. Daley of Brattleboro made the arsu.
mentS for tho plaintiff and court took
recess until o'clock. Attorney
Robert C. Bacon of Brattleboro and MI.
Barber argued for the defense and At
torney A. F. Schwenk of Brattleboro
closed for the plaintiff. Court then
took recess until clock Wednes-
day morning
Much of Wednesday forenoon was
devoted to arguments in the case of F.
l.. Wellman, administrator of the estate
OF Mrs. Bert NJ. Stone of Brattleboro,
against Barney f. Mead, a well known
automobile dealer in this town. The
arguments were on an appeal from the
judgment of the Windham county court.
where the jury awarded the plaintiff
damages of $4,000 as a result of an ac.
cident in which Mrs Stone was fatally
injured while riding from Springfield,
Mass, to Brattlehoro in an automobile
driven by Mr.. Mead. Several points
are in issue, chief of which is the claim
of the defendant that the Vermont
courts have no jurisdiction in the case
and that the case comes under a penal
statute in Massachusetts, Arguments
were made by Attorney w. r. Daley for
Mr.. Mead and Attorney F. E. Barber
for the estate, after which court took
recess until o clock, when Attorney
Harric b. Chase closed the arguments
in behalf of Mr.. Mead That ended
the session and final adjournment was
taken about o'clock.
An important decision of the court
was that of judgment affirmed in the
case of Affra Ryder of Brattleboro
against the Vermont Last Block com.
pany In the county court Mr. RYDER
was awarded damages of $l0,50l .55 for
injuries received while at work in the
defendants factory ON Vernon street.
The company is now in bankruptcy and
is in the process of liquidation. Gleason
Wilcox of Montpelier, counsel for the
company, did not press their exceptions
and on motion of Attorney Frank f..
Barber the court affirmed the Judgment.
This was the second largest verdict for
damages for personal injuries ever rem,
dered in the Windham county court.