The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-01-26
AARON n. LovRLAND.

O. Where do you reside
A. In Pittsford.
O. How far from here?
A. About ten miles.
@. Do you read our Rutland papers
A. Yes, sir.
@. You read the account of this affair
A. Yes, sir.
Q. Have you formed any opinion in re.
gard to it?
A. Yes, sir. have more or less.
By states attorney
@. Have you expressed any opinion in
this case?
A. l don't recollect as have but still
I might have done So
Q. Have you formed such an opinion
Of any as to be in the way of your len
dering an impartial verdict according to the
evidence given you in court upon trial ?
A. don't know as to that
Q Are you aware that you have any
bias or prejudice in the matter?
A. don't know that have
Q. Have you any conscientious scruples
as to finding the respondent guilty in a case
where the punishment is death?
A. think not
Q. Have you any recollection Of ex-
pressing au opinion to any one at any time
about the guilt or innocence of the pris-
oner ?
A | don't recollcct that have but
still the subject has been talked freely, and
might have done so.
BY the court =
q. Have you in your mind now any re-
collection of having expressed yourself as
to the merits of the case, one way or the
other Do you now remember
A. / don't recollect now that have
still might have done so as said before,
have conversed on this subject this case
has been frequently referred to; what |
might have done cant say positively.
A statement of the proof in the case is
recited, the material points of which are
fresh in the minds of the people, and need
not be recapitulated at this time.
The identification of the writing by
Warren II. Smith, is recited and the in
quiry by the States Attorney, whether in
Mr.. Smiths opinion this writing and the
signatures put in evidence were written by
the same hand. to which the counsel for
the respondent objected on the ground that
the witness was not shown to be an expert
sufficiently to be allowed to testify to his
opinion. The court overruled the objec-
ton and permitted the question to be an
swered, that he had no doubt but that they
were all written by the same hand. To
this decision the respondent excepted An
exception was also taken to the testimony
OF the other witnesses, the same rule made
as to each by the court, and a similar
answer given by each. To these rulings
the respondent excepted.
The printer, VonNeda, who testified to
informing Phair of the murder at Fitch.
burg, and read to him the account in the
Boston Journal was asked to read the same
statement from the same paper, which he
had with him on the stand. The counsel fol-
the respondent excepted. The court over
ruled the objection, and the witness read
aloud what lie was asked to read. TO this
decision the respondent excepted
B. NJ. Bailey testified that Mrs. Freezes
gold warch had been in his jewelry shop tc
be repaired, and that Mr.. Parmentcr was
the repairer, and made memorandum
each time the watch was left there, and
that Parmentcr had since died. To the
admission of this evidence the respondent
excepted.
The respondent also excepted to the ties
timony of Oliver J. Cain, as to his seeinI
Phalr at the circus at Brandon. The cour
admitted the testimony, to which the re
spondent objected
In the course of the trial the states at
torney recalled some witnesses and asked
permission of the court to examine then
upon some points on which they had no
been examined. The counsel for the re
spOndent objected on the ground that til,
court had no power TO permit such furthe
examination.
The court overruled the objection ant
permitted the examination, to which tn
respondent excepted. These witnesses OIL
such examination testified TO matters tina
were material.
To the charge of the court as to wha
would be proof beyond reasonable doubt
as to what would constitute robbery, an
to the suflciency of the proof to warrant
conviction, the respondent excepted.