The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1918-02-19
Supreme Court Holds Juror
in Murder Case Was
Disqualified
HELPED MOVE BODY
OF VIM. COSTELLO
Francis ketchum of Bennington Was to
Be Electrocuted Early Next Month
in State Prison-Court Convenes Here
in Regular Session.


The Vermont supreme court convened
here this forenoon for the February
term. After prayer by Rev. D. E.
Trout of the Universalist church Clerk
Frank D. E. Stowe called the docket
and then Judge Hazelton read an
opinion in the case Of the state against
Francis ketchum of Bennington, con.
victed 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 mistrial
through the disqualification of one of
the jurymcn, f. II. Ferguson of Ben
nington, and grants the petition of the
respondent for a new trial
On Sept l6. 1916, Ketchum shot and
killed William Costello of Bennington.
He has admitted that fact The 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 horse and landed in Jail in New
\ Gork state. A confession was obtained
from him in jail. although no particular
motive was apparent, and Kctchum told
of having large number of drinks of
liquor the evening of the shooting.
ketehHm was indicted in December,
| 1916. and was sent to the state asylum
ut Waterbury for observation as to his
sanity. In June, 1917. he was con-
victed and the death penalty was pro-
nouneed. Attorney F. c. Archibald of
Manchester represented the state and
| Attorney Collins NJ. Graves of Ben
Inington the respondent. Attorney
| Graves moved for a new trial in Jan
uarv of this year on the ground of new
+ ly 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
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-
have exerted sinister influence in the
consideration of the evidence, and that
if he was qualified to sit as iurvman
then ii 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 ketchum has confessed to kill
ing Costello, Il new trial is necessary
in order to determine the degree of
guilt, that is, whether it is manslaugh-
ter, murder i'll the second degree or
murder in the first degree.
ketchum was % years old and Costel-
10 35, both laborers and unmarried. At
the time of the killing ketchum had
been paroled after beginning a state
prison sentence for another crime.
At the conclusion of the reading Of
the opinion by Judge Haselton argu-
ments were made in the case of G. w.
Bradley against Amos y. Blandin and
the Somerset Land company. Attor-
ney J. X Batchelder of Arlington ap-
peared for the plaintiff and Attorney
Hale X. Darling Of Chelsea for the de-
PENDANTS.
II 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
pan,- building and H. c. BARRIERS new
building on Main street. Attorney w.
r. Daley of Brattlehoro made the argu-
ments for the plaintiff and court took
recess until > o'clock Attorney
Robert C. Bacon of Brattleboro is coun-
sci for Mr.. Barber.