Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1873-03-14

number of the committee.
On motion of Mr.. Phelps the meeting was
adjourned to meet at quarter before ten
O'Clock Tomorrow tuesday morning, in
the Judges chambers, to hear the report of
the committee. CHAs. f. ALLEN,
Secretary pro TEN.
United States Circuit and District CcRr;s.-Feh.
rnary Terra.
The IioS. DAVID A. SNALLEr, presiding.
FRIDAY, March Z, 1873.
The case of John J. Burgess, assignee, vs.
Shattuck and Stranahan, was given to the
jury at half past eleven yesterday morning
One hour later they returned verdict in
favor of the defendants.
The case of Oscar A. Burton VS.. 0. A
Dodge was then commenced. This is an
action on a note for SO, 900, dated August
%, 1868 The defence set up is that the
note was given to settle defendants share of
loss sustained in speculation in Erie
| stock in which the par Is and two others
| in the City Of New Yorl were jointly inter-
ested. That plaintiff ..&d assumed the
management of the speculation for the de-
| PENDANT and his brother while they were in
Vermont. That fraud was perpetrated by
plaintiff upon the defendant in the manage
ment of the business whereby large profit
was realized by plaintiff and an apparent
loss by the defendant and his brother. So
that upon lust statement Of the transac-
ton the loss of the defendant was very much
less than was made to appear. Hon. r. 5.
Taft and Daniel Roberts for plaintiff; Hon
T.. r. Hard and E. j. Phelps for defendant.
Tho CASA will rroba biv oacurv ba
mainder of the week.
SATURDAY, March sth, 1873
At the opening of the session this morn
/ ing, after hearing Mr.. Roberts for the plain
! tiff, and Mr. Phelps for the defendant, in
| the case of Burton vs.. Dodge, the court
| held, though expressing the opinion that
| the question was not free from doubt, that
/ the defence set up was not available to pre-
vent recovery upon the note in suit,
/ but if made out upon the facts (Which
would be "A question for the jury must be
the subject Of an independent, joint action
/ by the Messrs Dodge A verdict was there
/ fore directed for the plaintiff for theamount
of the note. On the question Of interest the
| court sustained the view of defendants
counsel. that only SIX per cent. could be re-
covered, though the note, on its face, bore
seven per cent, the note being payable in
! Vermont. And that the excess Of discount
received when the note was made, being ut
the rate Of seven per cent. must also be de-
Quoted. The amount named in the verdict
was So, 35l p. \ stay Of proceedings was
granted, TO enable the question involved to
be heard by the full court on exceptions.
The court was then adjourned till eleven
o'clock, on Monday morning.
United States ys. John +. Canning, in
dictment for smuggling, is the next case
marked for n hearing.
TUESDAY, March II, 1873.
The session of the court was opened
promptly at eleven o'clock, yesterday morn
ing. The case of the United States vs..
John f. Canning, indicted for smuggling
was the first taken up.
The respondent. after consultation with
his counsel. MeSsrs E. r. Hard and R. II.
Start, decided to plead guilty TO the charge
of smuggling, which plea was accepted ly
| United States District Attorney Fiteld, who
represented to the court that the respondent
had been engaged in Montreal, Canada, in
purchasing prunela for one James F.
4 Nourse, of Lynn, Mass, 70 whom about
five thousand yards of the article had been
sent-through the conniyance OF United
States revenue oficial-betore the fact was
the government had been deirauded out OF
about - 600 worth Of duties In view OF
the fact that Nourse had confessed TO the
United States District Attorney Of Massa-
| chusetts the whole transaction, under the
/ promise of favor, by means of which both
the respondent and his guilty associate were
| exposed, and also that the customs officer in
question had already received his punish
| ment from the court. the court considering
the con-ignee the most guilty person in the
| matter, sentenced the respondent TO a fine
of =, 900. and to be imprisoned for three
months in the county jail. In con-
GLIDING his remarks, His Honor intimated
that the idea, generally prevalent among
dealers in Canada. that. lnasmuch as they
were non-rssidufs they did not expose them
selves to any risk Of punishment under our
revenue laws by reason of their selling
goods in q foreign country and engaging TO
deliver the same in the United States, and
30 delivering them, was erroneous to great
degree. a they would have reason 10 fully
believe. if they were ever caught within the
jurisdiction of this court.
I The dOckets Of the District and Circuit
.7ourts were then called and no other cause
[ ei her civil or criminal being ready tor jury
tria |, the Jurors were excused from further
atten dance upon the term.
Pre-, -ious to the adjournment, and in com
pliapce with the desire expressed at the
meeting Of the Bar. which had been held in
reference - the taking of some action rela-
tive TO the retirement of Hon. Samuel Mel
son from the Supreme Court Of the United
States. Mr.. Phelps presented to His Honor
/ the resolutions which had been unanimous
" adopted by the Bar at that meeting
fSee = copy of the resolutions in tho report
of the Bar meeting. On receiving the reso
lutions His Honor remarked
JUDGE sMALlEr's REMARKS
Justice Nelson was man Of fine natural intellect
I a learned lawyer and q great magistrate. He Wa
| thoroughly learned Ia the common law and 10
| rules OF pieadin-s and evidence, much o. which un
| fortunately have been brushed away by the moderI
notions Of reform While he was "a learned ma g.s
trate his great forte was strong and dscr ninat ~
love of Justice and a vigorous common sense wheel
no art or cloqueuce could dazzle or hewiIdcr nd
sophistry delude no subtlety entanslc OF emhar
| rass and no Importantly influence. While he wa
always fearless in expressing his own opinions, and
firm In adhereing 10 them unless his iutSemen
was convinced, he was tolerant of the opinions @
| others He had no pride Of opinion which Woul,
/ induce him % adhere % an opinion merely becaus,
ne had advanced 1t but satisfy him OF the infrmitl
Of his reasoning sui no one was more willing an'
| ready TO yield.
his impartaIty and freedom from external 10
| iuence was acknuwledg ed by every one, even { u
/ most ardent advocate whom he had dec ded ga n-
never questioned IL. He was respected venerate,
and loved by all the Bar who practiced IN h
Court. and especially by his associates on tn
Bench, II he could not agree with them ais opin.p
always expressed respect for that OF those who dis
sented from him.
No unkind remark was ever heard from his lip
/ . reference 10 any OF his associates. He was
~ an Of broad and liberal views and opinions on oil
| su meets. a sound thinker and a close reasoner.
| IA "a opinions delivered in the Supreme Court |
be e ind in Howard, Black & Nallace's Report
1 and T. the Circuit Court 10 be found In the IA
volum Is Of Batchiord's Reports are models of
dicial esance. tersenes-, clesrness and ie4rnina
| Ithfnh upon the bench he Will rank with Che
| Tnstiee tarshall FOR judicial wisdom and ability
Win Mar. hall we may say Of him as OF the anoier
| dicious ortb an ALL
tn resolut IONS submitted 10y the Bar EN-
| nentlv proper pnd will he put upon the records
4 the Court and ropy thereof transmitted to Jusrc
Nelson.
The court as then adjourned, to meet q
Chambers. at { en- O'Clock, tomorrow morn
ing.
In referring to the busin sss Of this tern
and what has b cen accompl shed, We lear
from B. b. Smalley, ESD, IL clerk oil II
court, and to whose courtesy an asslstahc
we acknowledge ourselves greatly ln1eote'
that out of tlDO hundred cases on the Nv
dockets, all but sIrty-four have been termii
ated United States District At. 'orne
FifelG has comparatively cleared his do, IKE
. Of siIty-eight eases in which the COVE u
ment was complainant, .forty-four ha,
been disposed Of at this term, and only tp
{ have been disposed Of by mol pros. Mos
of the criminal cases have resulted either i
bonds being called, or in pleas Of guilty
and in proceedings against property, re
J sulting in forfeiture of the same. Of tn
, nineteen cases which are still pending, nc
| one has been continued except at the r'
quest of the prosecuted party.
Adjourned Meeting Of the Bar.
The adjourned meeting Of the Chittende
County Bar, which was called at the Chan
bers of His Honor, Judge Smalley, at qua
ter before ten O'Clock, Tuesday NOR
ing, was called to order by Hon. lie
Underwood. The committee appointed
. fine last meeting to draw up resolution