Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1875-10-06

guilty, and his counsel, Mr. Somerville Of
New York, presented an affidavit for con-
tlnuancc on behalf Of the prisoner. The
indictment to which Miles plead is in three
counts and charges him with breaking and
entering the Barre Bunk on the 9th of
July, at about twelve O'Clock at night, with
intent to steal, etc He is charged under
the name of George Miles, otherwise
called Geoge White, otherwise called
George Williams, otherwise called George
Bliss, otherwise called George Myers. =
The affidavit presented by Mr.. Somerville,
is as follows
STATE OF VERMONT,
WASIfINGrOS COUNTY (OTRT
me state against George Miles, Etc.
George f. Niles. in his own proper person. comes
here into court and having heard Indictment read
respectfully submits, he Is not ready tor trla and
ought not to be put upon trial on Indictment AT
tins term Of this court, nor should he, he humby
submits he ca led on to plead to Indictment in alb
sence of his senior counsel. Hon. VIM A. Bea, H.
OF New Ork. or that he have opportunity to sub
mt copy OF indictment to said counsel prior TO
pleading thereto.
For further reason defendant SAYS, that mostly
a his witnesses, some thirty in number, reside in
tie ~ of New York and its vicinity, and since his
confinement IN this county, he has had Opportu-
NIFTY to communicate with his witnesses; that the
following are the names of some of deiandant' )
Witnesses to wit: Charles Wilson, Thomas Butler
Henry Patterson, John McGuire, James Campbell
r. a Brewer, j. A. BOdlne George Shelter, Chris
topher Mennelle, ii. {. MacKanna, T. Das> enbury
all OF whom are material ana necessary, and with
out the benefit of this testimony defendant cannot
safely go to trial, as he is advised by junior
sci, after fully and fairly stating TO sad junior
counsel what he expected to prove, and what he
could prove by sand witnesses: that among other
10 q tn 70 b1t at a and f,lr
DAYS, Immediately prior and subsequent to the
alleged burglary at Barre, deien liant was IN the
city OF New IO, X.
For fun Their reason deponcnt SAYS that on SUNDAY
September 5, $50, at the city New York, he was
arrested by some three pei sons that they neither
exhibited warrant, nor gave explanation for what
cause they arrested depOnent: but by force and
arms carried deporent to pla of confinement
and on the following mornin, he was taken and
handed to the sheriff of the county of New York
where for he first time he lie armed that he
pccted of being one of the party engaged in the
alleged burglary at Barre, Vermont, and that the
sheriff had IN his possession a warrant or mandate
issued 10y Samuel J. T!lden Governor of New York
requiring him to arrest and deliver one George
Miles, il found in his county to John Bailey, Jr.,
who represent ed the Governor of Vermont. Where
upon. deponcntS counsel sent out writ of hate Is
corpus before ohai les Donohue, ESD, Justice OF
the supreme Court of the state OF New York com
nahtIng tie sheriff OF the county of New York, to
produce the body OF deponent with said writ. 10.
-ethcr with the cause OF MS detention before sand
justice the fifth day of September. ls15 that SAID
sheriff made return alleging he held depOntnt by
vntuc OF sad warrant requiring nm to al resi-
George Miles; that deponent thercupon traver-rI
sad return under oath and made issue with the
sheriff; among Other lungs set forth int the
IN date warrant OF the Governor New Ioi k
was not IN accoi'iance WIZ, the requirements ofthe
constitution aud law OF the United states; and
further that dcponcnt was not the person met
toned III and described by saIi warrant man
ATE he the person intended to he eXtrull.
lcd thereby nor WAS the person required bt the /,
QUESTION of the Cove nor OF the state of Vermont
and the issues we've directed by the Judge L.
IN.
William F. Dillingham;, states Attorney Ion
Washington county Vermont WAS called a
4 witness on behalf OF deponcnt by deponent',
counsel aud gave evidence that; that afterwards
in the order OF proof, deponent by IN, counsel,
offered to prove that 1T the time OF the alleged
burg larv and for several days lnm e,ately prlor
and subsequent ther' To-, deponent the clty
New York. attending 10 his business, and IN the
bosom "i his family; that there were no less th.ln
SIX persons bearing the name OF George Miles Ia
the city of New York, that the said Justice bona
nue. then declared that even If counsel proved ali
hat he 80 offered he (Dnnahue) would strike 1t all
out. Nhrcupon "ou sci made formal Ufcr Oi
proof, which was ovelIu ltd by the Judge and eX-
rcltIons taken. Counsel for dcpontnt then and
more demanded of >.,Il Judge IN pursuance. OF t,
amendment of the Revised statutes of the state IL
>tN Ynrk, passed. a. an additional section Is /.
ucins the chapter SIN hundred AMI SIXTY TIN oI
the law of Is. to name an amount IN winch
deponcnt M ht be balle'l pending FL" review ana
OF the proceedings before sini Justice
IA the supreme Count: counsel then AMI there III
forming and Justice DOnIhue that lac intended II.
--,,uI ilIth To remove sud cause from briu,c hliu
INTO >ali supreme Court for the CON tctoI OF VIII
~. de, med a grave eIt o. ON the part of tld i-tI.r
It L Il WA then amt the unanimously agreed AMI
t. by counsel represent NJ all paItIe-
ttI,i bv HE in L., tt.t the II-ht To Itv,cx was I'M
quest onahly one d pont nj had ri hi 10 under the
Statute. aud decided 10y the highest cou.t tn.
-t.;re Of New In h and the only question which
suggested Itself To counsel and judge Wa that OF
.c>t1ulnIng the >htrIh from coIlu>lvcly defeating
.I,uouenI- appeal bv running deponent out OF th,.
tate, lctore proper and necessary pape:s were
,,,",,,,rI and served for the removal of saIl nrn
'.cr'i:n.r, INTO the supreme Court as no proceed
ms tnylId removal could be taken until ;tt,r
Judge nonahur remandcd deponcnt into the GU
tnd If said sheriff 1t was then and there su.gc.l ted
,v s,Id Ju tee Donahue, III orderto obvIate III.
,nllu,on limited at that a new writ OF hIbeas c0rpuS
I.u,, To- detaln the prisoner IN The hanIs Of the
ha,s r. enable eroncnl'- counsel To- nrepare hi
nntitt, of appeal and obtain ms writ OF cfrfi0rur,
mat thcrtupon .aI Justice remanlet deponent IN o
the custody OF the ,heiih ne" wllt vas obtained
perfected their ape and duly notlieI the ,he,lf
% ..'1 Cont;, and also notIti, me. ener1ff IN win,
81 iht i , ' mail m 'i Oh h 1 IN
nod deponent III custody until he gave BAN, On
INTO INTO When II had bccn removed ana Is now pcn
M T.roncn, further saws that notwithstanding he
Wa ruLe"nS iyEal I'm. IN , tG n GGut {"
by eminent and able c"nn-el-ont that the statute
SON undcr IT. law one that the constitute n OF tn,
m or ,n ~ a.. I lhp "'e. ~,
Iy, "rht"lS ana w.nliy IN drii'nfe OF the 5tatut'
secretly ~!ihouta moments notice to deponent o.
IN. inr-,ilclon of the State of New York, Icpriv
1h; 1"rmnItv Of law to every clen '
end y,r'iy hrlev" il +, bt trnt ma ~
matter of law deronent 7' IN the ia's'l!eIlon
though a matter of fact he Is now person he
n,n"nent pays the ju,l :m.nt of tin. Court ,na
n tar ,h, he b" ntte t" b IN a. ul
ble 'lnoont Tor his appearance at snrh term.
wAsII>Gro> Cor>rYs 5.
I,75'
H. " IL o''''' '''e 81 'i'' '"'c'
CIV -,
" ~,
WIS 49,, ,,,,, ,I, w. >,:,
,,',., La,,. ;,;l viii Shor;r1,c,r,a,
:, rn ,r,.., =,
l 49,,
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