The Rutland County herald. [volume] (Rutland, Vt.) 1852-1855, 1853-04-23
fmm ,hr Nca'hea isqurvt
Court of Pie Poudrt.

Mr. Tipplc wns brought before Justice
l G., under the g9d section. but objections
were raised TO The constitu,ionaity of
the said section, by Dudley Il Clinton.
two attorneys Of Judge Connelly's court.
The case was ably argued hy these gen.
/ llemen, in favor OF the witness. Our
self and the editor of the late Green
Mountain Farmer appeared for the gov
eminent The Judgc gave the follow.
ing decision
have been Justice of this Court
going on nine years. Daring my whole
/ Judicial course, | have not had so deli
cate duty 10 perform rs find in rem.
dering Judgment in this case But when
! mention. that Mt the time took my
oath Of office in this court, sworc to
decide all questions according To The
laws Of the land and as s6ould hlni
righ and just, nobody will be surprised
AT the resul, 10 which my reflections
have brought me in this ease.
perfectly agree with The supreme
Court in its opinion rs pronounced in
the ease of Io,ccrs, cr parte. that tho
said 22d section is not in conflict with
single word to he found in the Constitu.
ton. That court very properly say that
II is not for them 10 interfere with uncs-
tlons proper for the consideration Of the
Justice, and am fully aware OF the re-
sponsihiiity which the moro than init.
nation of the court in the pomers case
throws upon me. But, after delbcra.
ton, have come 10 the conclusion that
this witness should not bc detained, aud
required to disclose, rs insisted by the
counsel for the Sintc.
The Supreme Court, in the case of
Pomers. says After the person arrest
ed Is sober, the proceedings seem To us
to he in the nninre of preliminary pro.
ccodincs against an unknown person sus-
pecIed of an offence against the statute,
connected with the prisoner Nothing
can be more certain than this. Some
body, and no doubt he is n dangerous
rascal, and great villain, is suspected of
an offence. This witness Is brought nm
to testify against him, and rightly too.
think. am sorry that Mr. Triple be-
came disguised, as ! am sensible that he
is truthful gentleman. But the coun-
sel for the State only propose to ask one
single question that is, Where. MIR
Tipplc, did you get the liquor on which
you got drunk 2 This is clearly an i'm
proper and an impcrtinent question:
The object of the examination is TO con-
vict Mr. Somebody, and all proper qucs.
lions touching the guilt of Mr. S. may
be asked but questions as TO the pri-
raie affairs Of witness, with which IL
may be fairly presumed Mr. .SomeJody
has no concern, cannot be INDUCED in.
This has often been ruled in my court.
See , COnnelys Reports, 1877. 3 do 800.
The drunkenness Of Tipplc has no
tendency 10 prove The corpus deiich.--
There IS not particle of evidence that
nn offence has been committed. hold
that before Mr. Tipple shall be compell-
ed to answer this question, the State
must show that crime has been com.
miIled' aud that the liquor used by Mr.
Iipple is connected with the offence.
This disposes of the whole case. IL
Is not necessary for me TO pass upon the
conslliullonnlity Of this 22d section. II
strikes me, however. that the Supreme
Court is right. II is true that the act
requires witness 10 testify touching n
matter which nowisc concerns the com.
monwealib. But in what does the re-.
qniremenl conflict with the constitutions
am unable 10 perceive. Were our
Legislature to pass an act that every
man in the State should dance n ito on
his doorsionc at five o'clock every morn
ing, we might some of US think il nm
idle aud oppressive law bur, aner a
close examination Of all our eonstitu.
iions, am forced 10 acknowledge tInt
the law would be valid. There /, not
n word IN the constitutions against it.
If the Legislature think that The public
good requires such law, their judg.
meni, il would seem, is final.
On motion Of The counsel for Tipple,
Judge Counelly entered up judgmen.
that the counsel for the State furnish
NE btrolreS, remarking that 10 hearing
il had IN his court withoul penalty.
a DIVERS INTERVIEW wiru rng
DEAD.--A late English paper IN an re-
count Of the recovery Of the plate IN
The cabin Of the Queen Victoria, which
run on the rock. near Kish Light. be.
tween Liverpool and Dublin, about the
middle OF February, says the diver who
recovered il protests that noihing in the
world would induce him TO 90 down a
second time, as The scene 10 The cabin
was The most horrible be ever witness.
ed. lie thought he had entered n WAX
work exhibition, the corpses never hay-
ing moved from their positions since the
vessel vent down. There were some
eighteen or twenty persons in the cabin,
one aud Hll Of whom seemed 10 be- hold.
ing conversation with each other and
The general appearance Of the whole
scene was 50 lifc-like, that he was al
most inclined to believe some we're yet
lIssng. II viii he rccollecled there
were about one hundred aud twenty
souls on board, and only dfiy.ihTee ~ere
saved
eyAa Id.hman va. once t,o...l,