Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1868-09-25

presence For it is always very difficult for a
person to tell what does affect his mind, and he
may become prejudiced unconsciously If the
persons should, however, insist upon talking
with you, for the purpose of influencing your
minds, you will report them at once to thecourt,
for practices of this kind are not to be for one
moment allowed. And it is because such in
stances have come to my experience that l warn
you of this now.
This is all that would say to you at this time.
Gentlemen Of the Grand Jury.-The few
words Of instruction which shall say to you are
perhaps for you unnecessary, inasmUch as in
our own State, and especially in this County,
Grand Jurors are SO generally familiar with
their duties and understand sufficiently fully
perhaps the nature and extent Of their work and
powers. However, as it is customary, at such
times as the present, for the Court to address
You in a few words, | shall do so briefly and gen.
orally.
Your first duty is TO ascertain whether any of
the laws Of the State have been violated, and if
SO, by whom, and then if possible, and you con-
clude that the evidence is such as to induce you
TO believe that there is a reasonable probability
Of conviction, 1t is your unquestionably to bring
IN bill. You are not by this warranted in find
ing bill when although you may think per-
son may be guilty Of some offence against the
peace and dignity of the State still there may be
m the circumstances Of the case sufficient to rem
der acquittal a reasonable probability. Because
this finding bill is a serious matter both for
the person and the State, inyolyinga it does the
reputation Of the former and the expense to both.
Always bear in mind that situated as you are
You must ordinarily hear only one side
and that of the prosecution, so that in sitting
the evidence YOU should as far as YOU are able
anticipate and consider what may be disclosed
ON the part Of the defence Ii Is not needful
that You should be satisfied Of guilt beyond a
reasonable doubt, as YOU should be if sitting on
the trial Of the person, but only Of the reasona-
hc probability Of the conviction Of the accused.
The Law requires twelve Of you to agree be-
before finding bill, il the number be less than
this, it l. your duty to return the bill not found.
appoint Lemuel b. Plat Of your number rs
your foreman.
After putting the Grand Jury under charge Of
sworn deputy sheriff, they adjourned to their
room below, and the Court proceeded to the first
case ready for trial-yiz: Isaac B. Culver Of
Jersey City vs.. Geo. H. Bgclow Of Burlington.
This an action Of general assumpsit to recover
back the amount of $3.50, claimed by the plain
ti'i TO- have been usurious interest, together with
the interest from $50, the time when the action
occurred, 60 date
Me-~rs Lawrence and Phelps for the Plaintiff
and Hard and Shaw for the Deendent
THE court before. calling the jury adjourned
dil2oolock 2. Nj.
wfpNEsDY, sept %.
q !.
commenced yesterday afternoon, still continues.
The plaintiff, testimony was concluded yester-
day, aud the defendants this afternoon. Among
other points brought out by this case WAS the
legal construction in this State Of the general
rules relating TO the casting Of interest upon
auote, upon which different payments have been
from time 10 time indor-e,i and the eHamina-
ton Of such experts as Judge Russell, L y.
Camp, and Louis Pollius, by which the methods
of such computations were ELECTED, and the
decision Of the Court thereon, were of such gen
eral interest that we refer to them in full
The interest rule as claimed by the plaintiff,
which was the method adopted by NIessrs Camp
and Pollins, is as follows:
Interest is to be computed on the principal TO
tae time of "a payment which exceeds the inter
est then due. then apply sail payment to the
reduction Of the interest, and the excess Of the
payment over the interest must be applied to
the reduction Of the principal; and in case
payment Is made which does not exceed the
interest then due. pass over said payment until
tae sam of the payment shall equal OF exceed
ia, interest due, then apply the sum of the pay
mcut- first To- the reduction Of the interest due
AMI the excess shall De applied 20 ;he reduction
of the principal ON tie otLer hand the rule
clnimei by the defendant, which was that Of
Judge Russell, and coneurrel in by the Court,
was tli--
Find the interest on Tie note up TO the end vt
the year Iraaaiug the time OF the first payment.
Then find the simple interest on each years
Interest mp TO the time Of such payment Then
apply said payment first TO the reduction Of the
excess If the annual over the simple interest,
aeV {, the reduction Of the simple interest,
ami If then there Dee any excess, it shall be
applied q, eztiu-u.-h tle principal
by tae fits, method the sum Of $685." too
mach g.,- found 90 nave been paid by the plain
tin. on che 9th Of January 1850, the time when
tdyu.-e- wcr. taken up. by the latter rule
the gzces, amounted 10 4.laS The point
Of av involved ia tie case were fully and
at, argued ty Ne-sr.. l.. L. Lawrence and T. }.
Ph.rr.- for tI.. 1l4iutif. and L. r. Hard and v