Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-08-22

stifiable homicide, iha, governed the prosecu-
ton, step by step, until | am satisfied. there was
neither awy err, Juror nor by-sander in the court
room that did not acqui, the prisoner before the
Jury left the box The jury retired but few
minutes, and returned verdict Of not guilty, on
the ground of seIfdcicnse. So ended this long
TO be remembered case in old Fayctte.
In the year s2l was appointed by Governor
Hendricks circuit prosecutor for the third judicial
circuit, and for the succeeding two years rode
with Judge Egglcs,on into every county and at
tended the courts twice year. Our southern
court at that time was held at Vevay, and our
northern at Fort Wa,ne. The Judge was raih-
er delicate, but ] had an iron constitution. There
were no bridges over the streams, but we rode
good swimming horses. and never faltered on
occount Of high waters, but plunged in AMI al
ways found the Opposite shore somch w. Dur
ing the two years that | served prosecutor
there was not single court held or grand ju-
ry impannelrd in NAV absence on our curcuit
On one circuit | hearl nine men sentenced to
the peniicntiary and four TO lie hung that pros
ccutcd. in the 90 itinuation Of these reminls-
cences propose to sketch some Of these cases.
Before doing which, however, let me present
the ar "a, aud exciting trial of Alexander Young
for killing John Points, in the Rush circuit court.
The case was prosecuted by james Whtcomh
and myself for the state, and defended by Charles
H. Test, James Raridan and Amos Lane for the
prisoner. The facts of the case were these -
Young was a Justice OF the peace OF Rush county.
who had a beautiful and beloved daughter, about
seventeen wears of age. Points was iino-lUok-
ing young farmer, the son of a respectable man
IN the nenhhorhuod, but somewhat wild and
reckless He had for some time been attached
to the squire's daughter, and had asked the con-
,ct lao to tl,ntr huf "
iected aud denied the privilege OF longer visit
ing the house. The young couple then arrang-
ed for an eopement, to get married at neigh
boring village the father got wind of the nten-
tiuns and determined at all hazards 10 prevent
it. lie loaded his rifle and hung it up at con-
venicnt place. TO be taken down at a moments
notice ot the approach OF young Points The
squire was absent one morning from his house,
when Points rode up on horseback the daugh-
ter was ready, stepped % the block and sprang
up behind HIM, and Off they bounded on a cir
cuitous path round the fields TO the public road
leading to the village where they were to be
married, and their carthly joys to commence for
life They left the house full Of life, with bright
hopes of the future aud the ultimate reconcilia-
ion of The parents, as they had both been read
ers OF romance, and imagined this was 10 be a
noted adventure, like escaping from a castle by
squire returned few moments after they had
left and, Selling his rifle, ran across the fields 10
the road, and took his position near the road
side, behind some trees where the young couple
had to pass. They soon approached at rapid
pace, wholly unconscious Of impending harm
As they were directly opposite the trees where
the squire was concealed, he raised the rifle the
crack was heard at the house by the mother
The bali grazrd the head of the daughter, and
Young Points fell from his seat corpse, leaving
the inten led bride in her seat on the HORSE
She returned 10 the house with her father. and
was the principal witness against him on the irial.
The case created great excitement throu Ih-
out the whole country. The coroner's Inquest,
charged Young with the murder of Points. The
squire was arrested and confined in the jail OF
RI,h county. The grand jury found bill OF
Indictment for murder in the first degree. The
clergy visited him in his cell repeatedly. lie
expressed The most poignant regret and the deep
est sorrow, 50 as to make profound and lasting
impression upon all who visited him-among the
rest, upon my venerable friend, the Reverend
James liavens, who took deep interest in the
trial. The court house was crowded, and sur
rounded at every window, during the trial, with
the most anxious counienances ] ever saw on any
occasion and while the daughter testified, the
crowd seemed almost 10 cease breathing, such
was the silence thai surrounded us The daugh-
ter related the whole facts and circumstances of
the case briefly and calmly, but evidently with
great feeling, and, so far as we could Judge, with
out any disposition to withhold anything mater
ial becanse her father was OF trial. However,
the tragedy proved too much for her strength.
She gradually sank into a state of partial aliena-
non OF mind. from which she never was relieved
by all the treatment of the most eminent physi-
nn1 sh,, Is 4livn confined
The case vas argued with all the ability the
eminent counsel on both sides could bring III bear
upon it. Mr. Whiicomb tor the state and Charles
H. Test for the prisoner, especially distinguish
ed themselves The appeals to the sympathy OF
the Jury were not in vain. A verdict of man
slaughter, two years in the state prison, and a
pardon from the governor, were the final result,
but learned that Alexander Young never s.nil-
ed afterwards.
AT the March term, 1920, ofthe Dearbon cir
cult court, Judge Eggleston took his seat on the
bench, as the successor OF John Watts The
Judge was young Virginia lawyer, a cousin OF
! William ). Archer of he e. S. Senate. lie was
fine scholar and a well read lawyer. His in
tcgrity and his moral courage were above sus-
picion, while his impartiality commended him to
the appreciation of all. lie will long be remem-
bered by the writer, as one of the young mem-
bcrs of the profession, for the judge was ever
ready 10 hear all that could be said by the humb-
lest member of the bar, and when he decided
even against him, his manner gave courage to ir-
creased preparation for the next case. receiv.
ed my license to practice law from his hand af
ter short examination in person. His remarks
in signing the license made a deep impression
upon me. My means were exhausted, and il
was a question Of life or death with me. The
Judge kindly remarked; "Mr Smith, will sign
your licenses, hut you are only prepared to COM
mence the study don't be discouraged, but per
severe in your stddies, aud you may yet stand
high in your profession"
The March term q S2o) of the Dearborn cir.
cult court was memorable for the trial OF Fuller
for killing Warren. Palmer Warren the de.
ceased, was my room-feow at our boarding 7.
house. While student he was a young, pleasant
man, of good reputation. Fuller was his senior
in years, also highly respectable. These young
men, it seems, became attached to young though
not handsome girl, with broad English accent
and both proposed marriage. The young lady
preferred Warren, and rejected Fuller, whn in
the moment of excited feelings shot Warren
with pistol, first offering him one to defend
himself. The ball entered the left breast and
penetrated the heart. Warren fell dead. was