Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-09-07

this testimony, with much more equally
cogent, to show the prisoners innocence
is considered, the general indignation Of
the people here at the result of the inves
tigation will be understood if we also re-
member that their suspicious from the
first had been directed to other persons
much nearer at hand, against whom TO,
stronger testimony was adduced on this
trial. than the strongest evidence against
the respondent even without considering
the testimony submitted in his defense.
am slow to animadvert upon the con-
duct of one upon whom deyolves the oner.
Gus duties of magistrate in protracted
| investigation like this. No one has any
right to expect of him intelligence with
which his Maker has not endowed him
but the community should demand that
the magistrate who voluntarily assumes
to hold the scales Of justice when mems
lives and liberties are in jeopardy, shall
act impartially, remembering that all con-
siderations, whether of right or policy, as
we'll as "his oath registered above" re-
quire that he shall do equal right and
Justice to all men to the best of his judg-
ment and ability, and according to law.
I was, early in the progress of the trial,
warned of the hopelessness of obtaining
the acquittal of the respondent before q
magistrate who was talking with wit
nesses out of court and seeking for testi-
mony against the respondent, and after
Mr.. DEAN became associated with me the
favoritism shown for the prosecution and
the occasional whisperings between the
magistrate and the counsel for the State,
were subjects of frequent remark between
US. In one case the magistrate left his
IDENTIFY at the suggestion of the attorney
for the prosecution, who had just whis
pered something in his ear, and had
whispered conversation with little girl,
sitting among the audience, whom | was
about to call to the stand, before her name
had been announced, the purport and OBJ
jeot of which was not communicated to
me. And in another instance, during a
recess in the progress of the trial, upon
seeking for my client, I found him with
the witness Meoale and his nephew, whom
had employed as private interpreter,
sloseted with the attorney for the prosecu-
ton and the magistrate, for purpose self
evident to any observer. Such conduct,
in my eyes, is reprehensible, and if the
magistrate, from mental obtuseness or
moral obliquity, is not responsible for it,
they, who by their votes have elected him
to such an office, are in fault
If desire for justice shall induce q fair
exhibition of the facts on both sides to the
Grand Jury, [ do not believe an iudict-
ment will be found against Creboni,-aI-
though it may be if the opposite course is
and trial may be had at an ex
pense of, perhaps, thousands of dollars to
the State; bnt there is little doubt Of the
acquittal of the respondent upon the tes-
timony of the prosecution alone, and new
testimony is constantly coming to light
which, with that already offered in court,
will render belief in Creboni's innocence
irresistible But what will recompense
him for the loss # his liberty and the
misery inflicted on the inmates OF his lit
tie italian home, meantime?
The conniseration of your corre- pond
ent over the stars for Creboui, on acc )unt
IF the amount be has to pay his attorney,
ia entirely uucalled for. He talks Of what
ne knows nothing indeed, the ~ubj~cr of
pay has never teen mentioned between
ny client and myself, but his entire
means would be insufficient to pay the
expenses of his trial Were
,oor Creb4ni able to understand it, the
by those ladies and gentlemen
who bestowed money upon him not a,
musical admirers" of his performance
Upon the hand-organ-but as token of
heir confidence in his innocence, and
when the Sheriff was about to remove
aim, gave him friendly hand at part
ng, while tears at his sad lot, which did
hem honor, dimmed many a manly, as
we'll as womanly eye, he would prize it
ar more than this cheaper sympathy of
your correspondent.
VS.. FULuAM.