Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1863-06-11
COUNTY COURT.

able interest,". Inc oeoo '"iSh' W
was employed in the case. The examina-
ton of witnesses was conducted by the
States Attorney, H. H. Powers, on the
part of the prosecution, and by j.. A..
Child on the part of the respondent. In
the management of the case, MIR. Powers
was assisted by Geo. wilkins, while on
the defence were, beside Mr.. Child, G. W.
Hendee, ?. X. Gleed, Joshua Sawyer and
Waldo Brigham. The case was argued by
Powers and wilkins on the one side, and
by Gleed aud Hcndec on the other. The
examination of witnesses was concluded
on Friday afternoon, after which Mr.. Viii
kins opened the argument on the part of
the prosecution. Though we did not hear
his remarks, he'is reported to have made
an able, and ingenious argument. Mr.
Gleed followed on Saturday morning, and
if he did not convince the jury of the in
nocence of the respondent, he at least set
his case before them in light that SEEM
ed much, more consistent with innocence
than had before seemed possible. Mr..
Hendee presented the closing argument
for the respondent; and if the inno-
cence of the accused before seemed proba-
bic, it now seemed almost established. A
portion of the jury, and quite number
of the spectators were seen to shed tears
of sympathy with one whose fate was
made 70 appear SO sad as that of the pris-
oner at,the bar. Whatever may be Mr..
Hendees general abilities as lawyer, he
certainly has faculty of drawing upon
the sympathies of an audience and enlist
ing them in favor Of the one for whom he
pleads. If we are ever so unfortunate as
to ome'under the displeasure of the law
we should certainly wish to have him on
our side, Mr.. Powers closing argument
on the part of the prosecution was a clinch-
er, and seemed to leave no way of escape
for the accused The evidence against
the accused was presented in such q clear
and convincing light, and that in his ia
was shown to be SO far short of proof, and
so contradictory, that there seemed to be
no way to avoid the conclusion of the
guilt of the prisoner. r. ....
The case was given to the jury little
before six o'clock, and before nine they
agreed upon verdict, and the sheriff rang
the bell to call in the court to receive the
verdict. Judge Peck took his place. the
clerk was at his desk, and the jurors were
waiting to declare the conclusion they had
arrived at, when it was discovered that
both assistant judges were absent, and on
enquiry it was ascertained that they both
had left for home, one in Eden, and the
other in Stowe. Here was fix, for no
verdict could be legally rendered unless at
least one of the assistant Judges were
present, and they were both now ten miles
away. After consultation however, it was
agreed that if the prisoner would waive
all right to take advantage of the absence
OF the missing judges, and consent to have
averdict rendered under the existing cir
cumstances, it might be done The names
of the jurors were then called, and all be-
ing found to be present, the clelk arose
and asked:
"What say you, Mr.. Foreman, is the
prisoner at the bar guilty or not guilty q
The foreman, Parker Page, of water.
vile, arose aud replied: M I'D
Guilty p s -l, ,s Il
The clerk asked , HI
Likewise say you all 2" s gl
They nodded in assent. glH
The respondents counsel then stated
that they should take exceptions to tn,
ruling of the court on some points, bu,
on learning that in the opinion of thu
court, the offence of the accused could MOI
be considered as arson, but thigh mis-
demcanor, instead, as the house burned
was that Of his wife, and in some sens
his own, and that fine would be tn,
only penalty attached, the exceptions wor
waived, and fine of 800 with costs 0
trial imposed, and the prisoner remaudee
tojail till paid 1s N sgc
1t being necessary for Judge Peck t
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