The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-04-20

Wv hNblHil, NIii ip'
EditOr RutIand GloJe The alacrity and
evident glee that some people manifest in
their endeavor to place gentlemen conspic-
uous for their liberality and public spirit,
odiously before the public, was indicated
in Cavcndish local published in the Rut
land Daily HeraM OF the 18th inst, the
substance of which article was that James
Fitton was arrested on the 18th inst by
constable w. J. Sperry, on the charge of
being drunk in school meeting that he
was confined or restrained of his liberty
over Sunday, when he was brought before
Samuel Adams on complaint of grand
juror Geo. f. Davis, and arraigned for trial
that Mr.. Fitton pleaded not guilty, demand
ed jury, availed himself of testiiying in
his own behalf, was Convicted and appeal
ed to the higher court that the following
day Mr. Elton was tried before the same
magistrate for disturbing the peace and the
school meeting, and gave bonds in the sum
of 5000 for his appearance at Woodstock
in case the grand jury find bill against
nection with this very discriminat-
ing statement was that ga jury trial on
the question, drunk or no drunk, seems to
be an unusual thing, but is nevertheless
sometimes interesting 1t is sometimes in
teresting to learn that the usual disclosure
is not insisted upon by these justice scale
holders. 1t will be still more interesting
when officers and magistrates know the
statute lesson sufficiently to discriminate
between section 10 and section 33, when u
man is arrested, but the eliminating point
of interest to all high-minded men will
have been discovered when criminal juris-
prudence is not wholly subseryent TO To-
cal sentiment, when statute law shall be
recognized as having definite limitations
II seems so unfair that such one sided,
prejudicia statement as the LIeTaHs
Cayendish correspondent has made should
20 before the public that | beg space to de-
tail the facts
At an adjourned school meeting April
nth, James Fitton, one of the heaviest
taxpayers in Cavendish, entered the room
after the business of the warrant was dis
posed of, or rather, just when the usual
"and any other business that may he
deemed proper" was in order. There had
been considerable excitement relative TO the
expenditure of the public money. and Mr..
Fitton cnquircd how much money was to
be appropriated, and for what purpose,
etc., commenting with some emphasis
upon the financial administration of Mr..
Davis, the former prudential committee.
Becoming somewhat personal, the modera-
tor called Mr.. Fltton TO order. Mr. Fittor
obcyed and subsidized when Mr. Davis said
let him proceed or words of similar i'm
port. Directly the school meeting I'D
journed, and Mr.. Fitton, with others, left
the house, Fitton was proceeding quietly
along the highway towards his home, wher
Davis, grand juror ordered the constable
to arrest him, which was done, and he wa
held in custody, Notwithstanding good bal
= was offered for his appearance. On thu
18th the grand juror went to Ludlow t.
obtain counsel, when two complaints wer,
made one for disturbing the school meet
c ing and one for being intoxicated. Som
1 25 witnesses were examined on the part o
!. the state and the defence. With the eX
ception Of two witnesses, there was n
! evidence that he was intoxicated. Fttol
showed by complete testimony that up t
: between and 8 o'clock that evening Ii
l. was free from the suspicion of intoXication
C The Herald correspondent states that til
o respondent avaied himself of the priyileg
r of tcstifying in his own behalf. VIVA
&c crpplcs his pen so much that it cannot il
If dite the fact that the magistrate befor
e whom Fitton was attempting to avert
;; modification and disgrace, volunteered
i testify and submit his opinion to the jury
o We can only account for the az
s. ton of the magistrate in the PR
,r misses from the fact that Fitto
- had expressed an opinion that he was
,r partial magistrate and not qualified for III
N position he held. There was no trial {
g hearing on the complaint for disturbin
!. the school meeting, the magistrate, to I'll
IA surprise of every one, asserted that he ha
'e not jurisdiction and bound the responder
y up TO the county court. The whole affa
IN is regarded by the citizens generally as
personal matter between these two gentl
men, and now those who have no persons
grievances to adjust, desire to kno
@. whether statute law shall at any tin
ne become the weapon to settle private diffe
y ences, or rather shall it serve the purpo
". of paying off old grudges? Law presum
10 | q man innocent until lie il nrnnnuncI