Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-11-05


where the House had not confined themselves
strictly to the technical question of law.
The motion to recommit pending, on motion of
Mr.. kellogg, the House adjourned.
FRlDAYY, October 20.
SENArE.-Mr. Evorts called up Senate Bill for
the surrender Of fugtivos from service, and it
made special order for Tuesday next at / o'clock
A. NJ.
Correction.-Tn the Senate Reports of yesterday
morning it appears that Mr.. Chittendcn moved
recommitment of bill for the relief of the St. Al
bans Banks, to committee Banks. 1t should
have read Mr.. French Of Windsor. Mr.. Chittcn-
den opposed the bill the ground of establishing
dangerous precedent, and it was so reported, but
by mistake at the office it appeared otherwise.
Leave was granted to the committee on Roads to
cit during the afternoon session.
Mr.. Stark moved to reconsider the vote indeii-
nitely postponing Senate bill relating to witnesses,
and the motion agreed to. On motion of Mr..
Chttenden, the bill was made the special order for
tomorrow morning.
Repor,s.-By Mr.. Chittcnden for committee on
Judiciary, adverse to Senate bill extending the iu-
risdiction of the constabcs and the third reading
was refused. By Mr. Stark for Judiciary com
mittee, in favor of House bill to avoid delays in
suits at law; ordered to third reading
Public bill reterred.-Making further appropria
tion for the Ethan Allen Monument; to committee
Finance.
HousE.-0n motion of Mr.. Dcanc, the committee
on Roads had leave to sit during the sessions of
the House.
Tho Senate in and the joint assembly elect
ed VIM G. Shaw. ESQ, of Burlington, Reporter of
the decisions of the Supreme Court.
Reports.-By Committee gricultnrc, hill to
incorporate Connecticut Valley Fair Ground Co..
and it was ordered to Sd reading. Also bill for
the encouragement of agriculture, exempting ono
yoke Of oxen and certain farming tools from at
tschment
On motion Of Mr. Hebard the House went inc
committee of the whole this bill, and the
chair assigned to Mr.. Hebard.
Mr., Olmstead moved O eycmpt horse for
every mechanic; and Mr.. Stay ton moved to amend
this proposition by adding one horse for each
mechanic and lawyer, but the chat ruled the last
out Of order at this time.--Messrs Wcbber and
Billings of Mt Holly, favored the bill as reported,
and on motion of Mr.. Kellogg, the committee
rose.
Reports.-By committee on Claims, bill to pay
Geo. T. Marsh and John y. Pomeroy, for services
in the supervision of the erection Of the monument
to Ethan Allen, in Burlington. Mr.. Bridsmnn
stated the facts in the case, and Mr.. Randall, of
Roxbury, moved TO disnlssi lost And On motion
of Mr. Hebard, the bill laid ON the table.
By committee Banks, bill for tho relief Of the
st. Adams Bank, (remittng the fine for temporary
nonredempton of its bills in Boston and New
York; This bill was supported by Mcssrs Ran
dali of Roxbury Hebard and Deane, opposed 10y
Messrs. Linsey of Rutland, Rounds and Umstead.
This bill presents the simple question whether
the alternative of paying tax, instead of redeem
ing the bills of the bank as provided by Statute,
shall be enforced in cases Of cxiecucy like that If
the Statute, by refusing the third reading Of the
bill.
SATURDAY, October 50.
sEsArR.-Mr. Gleed called up Senate Bill, re-
lating to witnesses.
He thought the main objection to the bill was the
fe,r of witnesses committing the crime Of perjury
and in that he must disagree with other senators.
The argument that many n rogue would let clear
by GOODNESS, and innocent men suffer through c.u.
barrassment was one of the strongest presented by
he from iOi.p lis 90 i4ttn.
ferent from this theory. Witnesses tcstiiyiug nm
der em6arra- generally have their train %
Circumstances 80 connected that the embarrass
has favorable effect upon the Jury, and he be
leved that no criminal could 20 upon the stand
rcb1 wGs gHihV, and have his story - well connect
ed, as to deceive court and jury. BY ADOPTING
the views adverse to this bill we must exclude ever,
WITH g. ain the stand, for all are liable to tn
cri.i.. ui pcriury. lie thought the criminal cod
of the State clearing itself Of barbarian an,
approaching plain system. The bill before tn,
Senate proposed further advance in the same d
rection. The change giving both parties the pr
vilege Of testifyng in civil eases had produced d
most saiutory effect. 50 it has been in our lcgis
lstion, first TO last and this progression to i'm.
provement is desirable The law allowing the
complainant to tcstf, and excluding the ,,.Iedeni
is a ludicrous By our law, a, it now stand,
of established character, for truth ties.
tify in the of another parV, but when he
.r,selfs interested and is the b,t witnc., in tn,
case, our statute excludes hi, testimony. Per
criminal offence allowed TO testify asains
others, but where man is urfaigncd ON trial TO
supposed crime though of the best moral char
acter, by the present law, he must be excluded
from indicating his innocence. He WAS in ia
vor Of this bill on the of Justice, and bcIcv
cd The time was not far distant when the change
would be effected.
Mr.. Davis said that this bill with tho amend.
ment, provided that the respondent might tcs.i q
and be subjected = tho usual cross examination
out nc Questioned the Law, that will compel a
Vitnos to crminate himself At that point IT,,
witness would claim his constitutional right and i
was very strange that tho state should allow tn,
crlmina! to tell his own story, when he Fan TALL a
any moment upon his constitutional ri GIT and &c
fuse any cross examination affecting his guilt -
such being the case with this bill lie was strony
opposed to it. Too often We should find mon q
previou, good character 90 upJn the stand utsc.
on BY great excitement or personal interest an,
commit the crime Of perjury. lie would not hol
out Sueh temptation
Tho motion to indefinitely rcstrone sea. ,,r
ried by l9 to II.
Rp2rs.-B BY Mr.. Butler for committee o.
ROADS bill 10 aAeAd the charter u the Nelmo!
nnd Canada railroad company, vita amendment
substituting new bill.)
Mr., Buttier IN explanation said that this chan
ter expired tomorrow, and tho coMaAit.ce ctere
t3e an 2adnent, t. cXtc43 tba charter t. the 4
Of Nov 1915, that farther legislation might b
passed.
fhi. bill wa oonour;ed in h. the House in tn
afternoon
TrtspAY. NV. 2.
senate Bill for the relief Of the ST Alban
Bank, being the special order was taken an Ia,
pending motion being Il reconsider the vote b
which the third reading was refused.
Mr.. bartholomew .uid he was one who vote
against the bill and had not yet seen anvthinc :
change his vote upon it, but he was for a recon
mitment, understanding that further facts wouI
DC presented, having favorable bearing upon tt!
Mr.. Chittenden called from the chairman Of in
bank commiitc statement Of facts
Mr.. Smith said he had heard a statement 10 ell
culaton that the bank had bough up its own Gil
culaton at di count, which, if true, would hay
SERIOUS enect upon the bin lie denied -
charge, and was dcsIrous of an,tl-~ nearing, tina
the Senate m sht have detailed statement of til
condition of the bank at the time it was throw
out, and to present all the facts before the Senat
before its final action.
Mr.. Chittenden did not desire t. hear any fui
Their statement tocnrfect the report THAT the Ban
had bought up its bills at a discount. No Sens
tor, upon the denial of tn" report by the chaiI
man Of the committee, could desire any ntrthe
examination Upon the bank committee j. q
officer Of the st, Adams Bank, and the friends ,
the bill had had an opportunity Of making ful
showing Of facts. II the object To- rt-cp;a.uit is I
produce further facts which will have IA tCndenc
to clear up this cast, and not to connect it wit
other matters, he would vote to reconsider; hu
until something was presented To- that point Ia
could not vote to recummit. The question whcti
or or not the bank did buy up its bills has no
thing indeed to do with the present question. Al
the precedeuts are way this matter an
there not which had been prcsente
but which had been granted but none Of the,
precedcnts apply Ia the Bank of It. Alban
When the Legislature intorfercd in these cases 4.
South Royalton Bank was in the hands Of a X,
ceivsr, and the stark Bank and Bank Of Castlcto
had impaired their capital by losses, 50 that
led "a ho ma do hut
shareholders.
Now the St. Adams Bank does not ask release upo
grounds of insolvency but while it is in a SCUM
condition. Is it equitable, is it just tat this ban