Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-09-18
FINLAND County Court.
SEPTEMBER TERM 1878
Hon. HoYT I'll. WHEELER, Chief Judge.
- IsAAoC. WHEATON, Assistant
- HEEL HoLIIsTER, Judges.

Monday, September 15th.-The Court
convened at two O'Clock p. M. The
Grand Jury being called, it was found
that the panel was one short, and Dan
X. Bogue, of Pittsford, was called as
talisman to ill the panel. Judge Wheel
er then delivered his charge to the Grand
Jury, of which the following is full
abstract
CHARGE.
Of course, gentlemen, you understand
that your duties relate to an inquiry IN
to crimes or matters of a criminal nature
which may have been committed within
the county, and but little else. The stat
ute gives you jurisdiction over defective
highways to some extent, and also OF
the division of school money, but you
must not entertain complaint against a
town for the insufficient repair of high
ways, unless the selectmen of the town
have had fifteen days notice of the de-
fects, and the intention of procuring an
indictment against the town. In the
ally attend to such business sis brought
before you by the States Attorney, but
any person has right to bring matters
to your notice, and if the States Attor-
ney does not bring a matter to your no.
tice that any person desires to have you
act upon, you must investigate it your
selves, and you have full power to sub
p9na and examine witnesses for that
purpose. If any Of our number know
of crime having been committed, it is
his privilege to bring it before you and
have it investigated, but while it is his
privilege, it is not his duty to do so I'M
less he desires to he is not bound to act
upon his own knowledge. The oath re-
quires to due presentment make of all
matters and things which come to your
knowledge, as Grand Jurors, by evil
dence produced before you, and not
what you may know individually.
Ordinarily you will examine only one
side of case, but if the evidence devel-
ops others, you may send for witnesses
upon the other side, with the exception
that you cannot examine respondent,
or person charged with crime. You do
not try the respondent, you only decide
whether he shall go before the traverse
jury for trial. The statute makes him
a witness on his trial, but not before
you. On trial the respondent must be
convicted by full proof, or by evidence
that shall convince the jury of the guilt
of the party beyond a reasonable doubt,
and the best rule for you to adopt, is the
same measure of proof, for if by only
hearing one side you are not satisfied be-
yond a reasonable doubt, the traverse
jury would not be liable tn convict on
hearing both sides.
There are some laws that people have
opposite opinions as to their policy, but
here we have nothing to do with that
we can only inquire whether the law has
been broken, and not whether the law is
right.
Twelve of your number must agree
upon a finding before any indictment
can be found. If twelve of you agree
that crime has been committed which
ought to be prosecuted, your foreman
must endorse upon the complaint, "a
true bill" and sign it officially. If
twelve do not agree to that, he must en-
dOrse it, "This bill not found, and sign
it. You will notice on reflection upon
the oath you have taken that all matters
We hot 20 ho nj
secret. This does not apply to the pres
ent term of this court only, but to all
time. 1t is the policy of the law to keep
secret all matters brought before Grand
Jury, forever, and such is your oath.
You will sit on your own adjounments,
using your own discretion in the dispatch
of business. There are constantly small
matters coming up that better be left
to the disposal of town grand jurors,
but we do not feel like instructing you
to disregard any matter because it is of
minor importance. We think we can
only tell you that it is your duty to take
up what is presented by the States At
torney, one of your own number or out
side parties.
You will have the services and advice
of the States Attorney at all times, and,
if you desire the advice of the court, you
are entitled to that, which you can OBJ
tain through your foreman, or a COM
mittee Of your body, or by coming into
court in a body.
Bradley Fish was appointed foreman
of the Grand Jury.
The Grand Jury retired and tne petit
jury was called and sworn, after which
Judge Wheeler addressed them as fol-
lows:
Imay as well make single suggestion
to you while you are altogether. You
have been sworn to try causes on the
evidence produced in Court, and you are
to hear no other. If any person wishes
to talk to you about causes you are try
ing, out of Court it is evidence you ought |
not to hear. All that it is proper for
you to hear will be brought into Court,
and what is not so brought in it will be
improper for you to hear, and you should
have nothing to do with it. If any per-
sons speak of case in your hearing in a
place where you want to stay, you
should at once make known to them
that you are juror, and if they do not
stop then you should call it to the atten-
ton of the Court, who have ample pow
er and disposition to punish all attempts
to impose improper matters upon your
attention.
The jury calendar for the first two
days was called and sixteen cases set for
trial No. so, Ripley Sons, VS.. Leeds
Billings was called and the trial COM
menced. The panel of jurors on this
case are John Williamson, Frank J.
Williams, John Tarble, William G.
Marsh, Walter M. Paris, Edward L. AL
len, Enos G. Fish, Jr., Aloten Bennett,
David E. Eddy, Melvin Barrett, William