The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1865-06-23
Franklin County Court,

TRIAL OF 1zrzrKIATz PAYNE,

Charged with tho Murder OF Eiinus y.
Morrison, at -. hIbnns, October 10, ieot'
Specially reported for ho Vermont Transcript
At the special Term Of the Franklin
County Court ordered for The trial of
Hezeliah Payno upon an Indictment
found by a spccal Grand Jury at the I
April Term, 1868. the Hon. John Pier
point Of Vergenues prosides, aided 10y
the Hon. Royal T Bingham, Assistant
Judge In view of the fact that Hon.
Asa Owen Adds and Hon. Romeo II.
Hoyt were stockholders in the banks
which were robbed. and have taken ac-
tive part in bringing the robbers and
murderers to justice, those gentlemen
very properly, as all must admit, de.
cline serving officially IN the trial OF
the respondent.
TUESDAY, jane 20.
Court was opened by an oppropri-
ate prayer by the Rev j. lsham Bliss,
Rector of St Lukcs Church, St AL
bans after which on motion by the
Examining Committee, Charles Il.
Rogers, Esq. late of Lacrosse, Wis
consin, and for some time in the SER
vice of.his country and intending soon
to locate in Bradford, Vermont was
admitted as an attorney and took the
customary oaths
The following persons, having been
summoned rs petit jurors, with one or
two exceptions, were present and an
swered to THEN names when called by
the County Clerk: Georgia, Edward
p. Clark, Ccphas A. Hotchkiss
and Isaac 7. Davis, ST. -A'jQs,
Merrill Ladd and Jethro Parsons
.S,cantoa, Asahel A. Brooks and Milton
II. Bliss; Higlg0ie, Hephaniah * Dru-
ny and Hiram Skools; TIGnliia, a.
Pearson, Henry Bowman and Asa
Hammond; H4doa, Richard A. Shat
tuck, John Goodsell; Fairfeld, Charles
r. Soue and Daniel Leach; FoH1ar
Arson b. Story Isaac L. Paris anC
Harmon I. Johnson; FLETCHER, Una G.
Chase and David A, Shepardson; BIZ
kerUe'd. Simon G. Start and Donni,
S. Oyitt, Enosburgh John Spooncr
John Z. Baker, Hiram NJ. Whitcoml
and Gardner S. Fassott; Beridirc
Henry Ladd, Henry c. Colcord ano
Jonathan W. Leayens; Rcbtord, Rem
ben Combs, Alfred g. Smith and Geo
, Flint; Montgomery Heman Hopkins
Jr, Dolphus Gates and Joel Good
speed.
Julian II. Dewey, Esq, States At
torney, conducted the prosecution
aided by bis partner, Guy c. Noble
and j Rand, Esquires. The respond
ent's counsel are Messrs. D. r Bal
ley and II. ). Royce. assisted b
Messrs. Henry A. Burt Park Dayi
. and George f., Houghton-
The work OF impannelling the iur
then began Several question
, arose at this stage ofthe trial in whic
some unusual Importance was give
j to the daily newspaper printed at S
Z Adams and in which it was said /
open Court that reports of testimon
0 were printed which tended to mduc
the belief without a full trial that tn
Y respondent was guilty Of the murdC
q of f. J. Morrison. In regard to tn
y objections raised by the Counsel f
Alr. Payne Judge Pierpoint decide
that the reading of a newspaper n,
count of u transaction and being pa
TALLY influenced by it at the time bl
IS expressing no opinion Oh the subjec
does not does not disquahfy q jar,
e from sitting on criminal case.
Is Mr.. Royce claimed Tint tho readir
e OF the St Adams Messenger which COZ
~ tanned one sided reports Of the test
mony given before the AIagistra
ought to disquahfy a iuryman in TIA
/, cause This objection, Judge Pie
r. point did not feel called upon to su
> tain, inasmuch rs rule excluding Z
who might read narratives of Grimm
"a trials might operate to disqualIfy nca
Is ~ all persons in the community; b
if the proposed juror had formed
is opinion that the accused was positiy
rs ly guilty on else the testimony given
g. the Court of enquiry was false, the
t. that circumstance ought to disquali
ne him from serving on the panel.
The following persons werc perem
az iplllN CHhltIStAl. 4hcSSls Al ItilfSp
be Merrill Ladd, Gardner S. Fassett, d
RUS A. Shepardson and Reub
n, Combs. The following gentlem
on were excused for cause 1Iossrs. j
thro Parsons, Daniel Leach, Nit
10 H. Bliss, John p. Baker, Jonathan
on Leavens, Alfred c. Smith, Asa Hal
ITS mond, Cephas A. Hotchkiss, Richa
d. A. Shattuck, Edward p. Clark. Aft
IS passing upon all interlocutory gu,
tons, the following jurors were fna
,es empanelled and duly sworn to try S;
cause: Arson b. Story, Zephaniah
Drury, Simeon G. Start, Asahel
he Brooks, Hiram Skeels, Harmon
&c johnson, John Spooner, Dennis
:, Ovitt, Isaac r. Davis, Henry c. c
h cord, Henry Ladd and Heman III
at kins, Jr. The following persons w
So. sworn as officers to take charge of s.
nd jurors A. j. Soule, d. U. Smith, Ell
;s RAIN Corliss, Hiram S. Rawson a
julius Halbert
es' The prisoner having heretofore,
rd' the End day of May, 1865, been
la raigned and put to plead and plead
ed not guilty, the County Clerk read
An indictment to the jurors. This was
Indictment of four counts charg
eiu among others the prisoner with
rA- ,,,,,,..l,,. ~ I7l,,,,, 1 NDu,.,r,,. -.