Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1874-03-13
United States Circuit and District Courts
February Ieru.
Hon. u. \. SMALLEY Presiding.
w. MI.
WEDNESDAY, March

WEDNESDAY. March {
Immediately on the opening of the court
| this morning the Grand Jury reported
l through their foreman, William l.. Strong,
| Esq. nine true bills and two not found.
, Not having completed their investigations
I they were not discharged.
b. +. Fifeld, ESD, United States District
| Attorney, called up two Of the indictments.
which were found against f. y Jewctt,
late deputy collector in this District, one
for emhczzcment and one for making false
entries upon the books of the office. and
| announced that he should ask the roSpOn-
dent to plead Tomorrow morning.
Mr. Fiield then in a few fitting words
announced the decease on Monday last of
Hon. y. X. Hall, nitcd States District
Judge, at his residence in Buffalo, y. Y,
and moved that out of respect for the
( memory Of the deceased. the adjournment
of the court till tomorrow morning at
eleven clock. His Honor Judge Smalley,
before granting the notion, briefly alluded
to the high character of Judge Hall and
the great esteem as a iurist in which he
| was held hy the members of the bar during
the twenty-five wears which he sat on the
bench lie characterized lin rs a capable,
conscientious. industrious and learned man,
one Who would he greatly missed both in
his social and official life.
The court then adjourned till eleven
! o clock tomorrow morning.
THURSDAY, March ;.
| On the opening Of the court this morning
! the Grand Jury. through their foreman,
4 Nm. J.. Strong reported that they had.com-
/ plctel their labor- They were thercupon
/ discharged 10y the court with thanks for the
very thorough and prompt attention which
| they had given TO the matters which had
/ been brought before them.
Di~trict-Att1rney tiiicld having called
! the attention of the court to the indictments
! against f. y ,Jcwctt, IIon.I. +. Chittenden,
! Of counsel for Mr.. Jcwctt, asked for n delay
Of twonty-iour hours for consultation with
other counsel before putting the respondent
! % plead. giving a. reason that he had not
received copies Of the indictments till late
last evening, and but little opportunity had
therefore been given them TO decide upon
what coarse 10 take. lie therefore hoped
the court would NOS press the trial OF these
cases beyond what the public service de
mandcd. The court granted the request
/ The District-Attorncy then called up an IN
dictmcnt against Arson j. Crane Tor embcz
! llcment and announced that he should ask
/ the respondent 20 plead tomorrow morn
/ ing.
In ,ho case OF nitcd States y. The South
Eastern Railway Company, an action OF
debt for duties on a quantity of railroad
iron which was brought ont OF Canada and
laid ON the road. the District-Attorney
| said that by consent of counsel the corpora
ton having agreed TO pay the sum OF ) :
600 in gold with eight months interest, the
sum which the government demanded, the
suit would be discontinued.
The court was then adjourned till eleven
| u'clock tomorrow morning.
FRIDAY, March 6, 1871.
vt the opening of the court this morn
ing, the indictments found against Il. \.
Jewett for embezzlement and false and
| fraudulent entries upon the books Of the
| Internal Revenue Office were called up and
it was moved by United States District
Attorney tifold that the two indictments
be consolidated and the two cases be tried
at the same time The District-Attorney
cited in support OF the motion precedent
in the case Of the Government against
Mcssrs. Bickiord, Boswell and others, who
were indicted for fraudulently obtaining
pension money Of the government on false
alidayits The cause was tried before
Judges Smalley and Nelson at the July
Term Of the Circuit Court at Windsor, in
1882. Messrs. l.. Z. Chittenden and Levi
Underwood as counsel for the respondent
opposed the motion, as an act which
would not only greatly prejudice
and hamper the respondent in the
trial of his ease, but also a proceed
ing contrary to law and justice and entirely
unsupported by the case cited as in point.
After full hearing the court granted the
m0ticn-and both indictments were cOnsol-
idated. The counsel for the respondent
then moved the court for a specification
or bill of particulars of the various ms
I r. f.ft ltC
nent relied upon to sustain the charge of
cmbczzlement. They cited in support of
their request the decision of Judge Bene-
dict IN the somewhat famous case of United
States ". Sanborn, liawley and Wander
werkcn in the L. ). District Court in the
Eastern District of New York last Feb
ruary Term, also Rex vs.. Edward fIodg-
son ? Carr. u Paine 422. The motion
was opposed by the District-Attorney and
also ex-Goy. Stewart, who was assisting
the Government in the case. The Court
decided that the respondent had a right to
demand Of the Government the amount OF
the deficit which appeared upon the books
! of the Government from time to time, but
that the Distriet-Attorney was not required
- particularize the sum which the re-
sp9ndent received at a specified time from
any particular individual, out of which he
IA led to account for any particular portion.
Inn lediately on the granting of this motion,
the respondents counsel asked for q con-
tinuai zee OF the case 70 the next term, which
the Co urt, under the circumstances, both
ont of lnsideration for the Government and
the respondent, felt bound to grant, and
the ease . pes over to next term.
The case of the Government " Arson J.
Crane was On motion of Henry Ballard. who
with E. j. Phelps, and K. ii. Start
is counsel for the respondent. was also con-
tinued till next term. The respondent fur
nished bail in the sum of 500, O00,-I5. 900
on the charge Of cmbczzlement and So, 900
on the charge of false entries, Messrs.
IIirv Derby, of Russell. St. Lawrence Co.,
\. L., and Sylvester Derby. of this city,
being sureties for that amount.
Tbe bail in Mr.. Jewett 5 case remains the
sane. Messrs. Samuel Jewett and n. p.
! Bowman, of ST. Johnsbury, being his sure
ties in the sum of $4,000.
There being no further business for the
Fetit Jury. they were discharged for the
remainder Of the term.
Dn motion of District-Attorney Fifield,
! Hes srS Robert Roberts and E. F. Brownell,
of II j. city. were admitted to practice in
this a'onrt. The Court then adjourned till
to-mC rrow morning at ii O'Clock.
SATURDAY, March 7.
At the opening of the court, this morn
ing. the district Attorney called up the IN
dictments against the late Collector of In
ternal Revenue, 4. j. Crane, and called
upon the respondent to plead. The request
on the part Of Mr.. H. Ballard, his counsel,
that the ca>e should 20 over to the next
! term without the respondent being called