Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-09-14
The Ludlow Murder Case.
A REPLY TO v. 9. FULLAM

Editor Rutland Herald In your issue
of Sept, 4th, appears an article over the
signature of V. S. Fullam, which con-
tains statements calculated to mislead the
public, and doing great iojus'ice to at
least one, if not others connected with tie
late examination at this place of Fran.
cisco Creboni, charged with the crime of
murder. Nothing but sense of justice
to myself, and that the public may be in
pessession of the truth relative to the
case, and that the gross misrepresenta-
tions of your correspondent may be pro-
perly corrected, induces me to notice at all
this unpleasant affair.
l have long been of the opinion that
persons holding official positions, should
refrain from attempts to justify their do
ings before the community for VIII go 1n-
terests they officially act.
II ever there wss suffi :ient reason for
departing from euch u rule, think In
this case it is found in the communication
above referred to. Not wishing TO occupy
unnecessary space in your columns In
what have to say, waive further prell-
minaries, and come at once to the prlncl-
pal charges preferred against the magis-
trate in his official capacity.
Your correspondent condo scendingly
informs the public that he is " slow to
animadvert upon the conduct of one upon
whom devolves the onerous duties of ma
eistrate in a protracted investigation like
this, and that no one has any night to ex-
pect of him intelligence his Maker has not
endowed him with, &c. This, certainly,
is very kind and considerate, and in my
Judgment evinees more candor and Gem
mon sense, than the gentleman exhibited
during the greater portion OF the time
the trial was in progress. The counsel
for the defense also informs the public
that he was, early in the progress of the
trial, warned of the hopelessness of OBJ
tanning the acquittal of the respondent
before a magistrate who was talking with
witnesses out of court, and seeking for
testimony against the respondent; also
that the occasional whisperiugs between
the magistrate aid the counsel for the
State, were subjects of frequent remark
between us,-i. e., himself and associate
counsel. He again charges the magis'
trate with leaving his seat while the court
was in session, and having a whispered
conversation with a little girl sitting
among the audience, whom he was about
to call to the stand. This last mentioned
allegation reduced to plain and unquivo-
cal English, amounts to tdnperlng with a
witness - nothing more, nothing less
This is truly serious charge, as much sc
perhaps, as any that has been preferre3
and I am obliged to the learned gentle
man for desinating the witness thu
foully dealt with, it being none other
than the little daughter of our worthy
townsman, Nathaniel Horton, an intelli
gent, beautiful child, it's parents have
every reason to be proud of. But to the
facts on which be bases this charge.
I confess to a feeling akin to nausea
when in making this explanation, l am
forced to the conclusion that il is among
the possibilities that the learned counsel
may be ignorant of the duty of the ma
gistrate in case like this.
Is it possible that chronic stupidity
itself, in the form Of legal counsel, does
not kuow that it is the duty of the mag
istrate to examine witnesses which may
be offered, of tender years, in reference
10 their ability to understand the obi
cations of an oath The witness in cues
ton was but ten years Of age, and it was
in the discharge of my duty in examining
this witness that | left my seat and con-
versed with Der in the presence of her
father, who was present during the entire
interview, and to him for further infor'
nation in regard to this subject, ont Of
which the learned counsel has IN uufactur'
ed so serious an accusation, he IS respect
fully referred. To the grave charge OF
continued wbieperipga with the connse
for the State, have only to s'y-if Pc
litely suggesting that questions having I
bearing in the case, ard which counse
had failed to sek, and tending TO eluci
date the truth, be asked witnesses while
upon the stand, can be construed into
anything but an impartial character, then
the learned gentleman may have some
slight grounds for his unwarranted sus
piciona. and not otherwise. UIqnestion
ably, the impression intended to be con
yeyed TO the outside world Is that tbs
magistrate had already pre- Judged the
case, and was only anxious for such testi
mony. and only such as would seem t.
Justify his formal verdict when that yer
dict should be given. The gentleman
unwarranted conclusions, so FIR as this
! immediate community Is concerned, arr
perfectly harmless knowing, as its mem
bers do, the facts in the case, upon which
they are capable of forming an intelligen
opinion for themselves but with othera
into whose hands the paper containing
the article has fallen, it is far other wise
aud to enlighten s1ch in reference to this
matter, is one of the main reasons for thu
appearance of this communication
The charge against the magistrate o
being oloseted with the attorney for the
prosecution, together with the respond
emit, the witness Me Gale and his nephew
for questionable purposes, is wholly
gratuitious. No such interview W, such al
the gentleman has been pleased TO ineinu
ate, was ever contemplated or held, MOI
any other when the persons named wert
present other than in open court. The
presence Of the magistrate on the occasion
spoken of was purely accidental, it hav'
ing been in a public place where there
were at least dozen or fifteen persons
other than those mentioned in the allie.
cation, majority of whom were III nc