Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-03-03
United states Circuit Court at Bur
iington.
FEBRUARY TERN.
Hon. d. A. SnoaLley, presiding.
TUESDAY.

The United States Circuit and District
Courts was opened Tuesday morning at
ten o'clock, in the Court House at Bur-
lington, His Honor, Judge Smalley, pre-
siding. The dockets of the two courts
were called, and grand and petit jury
duly impaneled and sworn. His honor
then charged the grand jury, stating that
they were to be confined in their duties to
that portion of the country under the fed
eral Jurisdiction of this court, and were
only to inquire into violations of the acts
of Congress; that inasmuch as their in
vestigations were er-paTte and secret, the
defendant not being allowed to be present
either personally or by counsel, they were
only to find "true bill" in cases where
the evidence presented for conviction was
strictly legal, and when on such evidence
thus uncontradicted and unexplained by
the defendant, they unhesitatingly be-
lieved that the government had fully
made out their case. They were to bear
in mind that sixteen of their number
were necessary to quorum and twelve
were necessary to agree upon their YER
dict. They were at all times entitled to
the advice and assistance of the district
attorney, and, whenever they desired also
the opinion of the court, to aid them in
their investigations.
The petit jury were called and dis
charged till ten o'clock Wednesday morn
ing, when the trial of the jury cases COM
menced.
The remainder of the day was taken up
with hearings for continuance.
WEDNESDAY.
The Court opened at ten o'clock accord
ing to adjournment The following cases
were called and disposed of as follows:
U. s. as. Fred. T. Bridgman, indicted for
assisting desertion 7aOlle pros. entered.
U. s. gs. VIM. Ell. I'll. Mead, for Snug
Cling 7a0Ne pros. entered.
U. S. gS. Samuel Tyler, for receiving
struggled liquor; plea of guilty by re-
spondent and fine of $50 and costs
ordered.
U. S. gS. James Kelly, for same offense !;
respondent plead guilty, and was fined
$50 without costs.
U. S. IS. Henry L. Sargent, and L. s..
US. Leavitt r. Sargent, for insufficient re-
turns of manufactured articles; respond
ents plead not guilty of any criminal in
tent, and in view of having paid penalty
of $1,000, after a re-assessment by the
government, the court ordered fine of
one cent damages and one cent costs to
be entered.
U. S. Us. Abel Mccoy, for counterfeit
ing, was, on affidavit, continued.
The first jury case, that of Elizabeth
Seaver u.s. "The Travellers Insurance
Company" of Hartford, Conn, was then
commenced. This is an action of assump
sit for the payment of a policy of insur-
ance for $4,000 issued by defendant on
the life of the husband of the plaintiff,
John B. Seaver, who was killed on the
10Th Of October, 1866, while driving a
sulky on the trotting park at Morrisville
in this State, the sulky of the deceased
being run into and overturned by his
competitor, by which he was thrown
violently to the ground and so injured
that he died within 36 hours after the ac-
cident. The defense made is that deceased
was killed while committing a misde-
meanor in violation of the statute, and of
the provisions of the insurance policy.
At the conclusion of the arguments of
the consul the court directed the jury to
bring in verdict for the plaintiff. The
case will be taken up on appeal. The
court then adjourned to ten o'clock on
Thursday morning. @-3.e. ...,