Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-05-26
Lamollle County Court.

iioS. 4. N woopmuy Assistant Judges.
7. y. sAwYFR, Clerk
W. II. ~ KENFELp Deputy Clerk
MASON CHAPTER, sheriff
l.EoNARp 5. THOMPSON, States Attorney.
iiiNin OvtArT, reporter.
The May term Of Iamoillc County Court was
begun yesterday, at Hydcpark The Judges took
their seats upon the bench at ten O'Clock, A. NJ,
and prayer was offered by Rev. Charles Park
hurst, pastor Of the Methodist Episcopal church
at Hydepark Proclamation having been made
by the sheriff the clerk called the names Of the
jurors.
The following gentlemen eresworn in rs grand
jurors; G u. Weston, Belyiderei T. 7 MIDGET,
Henry Smile, Cambridge; James Warren, Eden
W. W. Delano, lmore L. H. Noyes Luther Girls
void liydepark Ileman Miller, Isaac A. Manning,
johnson a. Il. Irish, j. =. Sherwln, c. W. Fitch,
Mouistownj A. II slayton, Amandus Peterson r
c. Hodge, Stowe; Nathan D Page, waterllle;
Noah Boynton, Simeon Gould, wocott
The members Of the petit jury were sworn in
rs follows Lewis Whittemore, Belyiderc. Charles
Child, John Duifey, W. c. Buker, Harmon Morse,
Cambridge W. 5. Pond, Charles lladley, Eden
X u, Goodell Elmorci CHARLES C. Morse, John c
Bugbec Samuel Cinnamon, }. Whitney, Hyde
park rhiuels d Kinds, Roswell Foster, Jesse A.
Hall, johnson, o z Gates, e. W. Dodge B. /.
Rand, or'on Chafee, Morristown; George Nc
Allister j. Wade Alvin wilkins, C. d Morri-
son, Stowe. George W iulburd, waterillei NJ.
K Iluhhell. William WEIGH, Wolcott
Judge Powers addressed the members Of the
grand jury at length and discussed, In a clear and
able manner, the duties aud powers Of grand
juries, and the Importance Of the office. In be-
ginning, he alluded 10 the fact that no citizen
could be subjected TO the odum and expense Of
trial Tor any Of the higher grades Of crime until
the charge against him had first been examined
by the grand jury, and said that the wisdom Il
this provision Of the law could hardly be called in
question at this late day. still there were those
who maintained that an inquiry before single
magistrate would -ub,erve the ends Of public JUS
tice, and guard the rights Of individuals quite A.
well as the more expensive and formal inquiry by
the grand jury lfitwere assumed that the aver
age magistrate possessed the sound discretion and
conservative judgment Of a tribunal selected like
the grand jury, from different localities, there
would be some force 70 the proposition, but prao-
tcaliy it would be easy to find magistrates who
had little Judgment or discrimination as 10 the
character or weight Of evidence, or the application
Of legal principles, and who lacked that indie
pcndence Of character demanded by so delicate
and important trust, and eVil-disposed persons
would have little difficulty in finding supple tools
10 invade the rights Of citizens, and make a mock
cry Of justice Judge Powers then reviewed the
history Of the grand jury; alluded TO its existence
in the time of the Saxons; the yeneraton with
which Englishmcn had always regarded IT, and
said that it hardly possible to find substitute
which would so well meet the demands Of a safe
and wise admini-tmtono Of the criminal law Con
tinuing, he remarked that the duties Of grand
jurors were summarized in their oaths; he re-
cited the manner in which onenses might be
brought to the knowledge Of grand jurors-by the
states attorney, by themselves and by private
citzeus-aud advised the use Of great caution in
finding indictments upon the complaints OF indi-
vduals Who, perhaps were actuated by personal
hostility and malice lie referred 10 the injunc-
ton Of secrecy laid upon grand jurors as to their
deliberations, and said that while there was some
difference Of opinion as to the length Of time this
injunction should be regarded the best Of authori
ties said, forever lie said that the frequent dis
closure. Of the proceedings Of the grand jury was
a gaIing evil and recommended the utmost care
to prevent any leakages in the future, as it Gu
abed persons to get beyond the reach of process,
and brought contempt on the authority OF the
court lie touched also upon the other duties
and responsibilities Of grand jurors and instructed
them to consult with the court If any dihculty
should arise lie then discussed the offences
which might be brought 10 their attention--re-
marking that there little il any division Of
sentiment in the public mind as TO the propHety
of strict enforcement Of the laws for the punish
ment Of common law offences; yet offences Gre
ated by statute, and designed for the regulation
Of the internal police Of the state had often caused
the outgrowth Of bitter sentiment in their en-
actment and encountered serious opposition in
their enforcement: the law regulating the sale Of
Intoxicating liquors was conspicuous instance.
but courts had nothing to do with the policy OF
legislation upon any subject, and the grand jury,
as a branch OF the court had no option but TO inn
partially and faithfully administer the law as
they found it II unvise laws were made, the leg
stature alone could modify or repeal them. All
men were agreed that the unrestrained sale and
use of intoxicating liquors was highly deletenous
to the peace good order and general prosperity OF
the community that their use WAS the primary
cause Of more crimes, pauperism, social and fnan-
cial ruin, than all other agencies combined, and
hence all agreed that it must in some FORM be re-
strained 10y the strong arm Of the law. Men diff
fered mainly rs to the mode OF restraint The
principle Of prohibition was now in force In
the state and the several statutes on the sub
jcct were before Us, to be applied in the
same spirit and with the same fidelity rs we
administered other branches of the criminal law.
CHANGING the subject of the concurrent jurisdc-
ton of justices Of the peace with the county court
in prosecutions under the liquor law and the gene
raj opinion that better administration Of this law
could be had by making complaints To the local
magistrates than TO the grand jury, he said that
tho history Of those prosecutions before magis-
tratos was one that reflected little credit either
upon the law ITSELF or the method of enforcing IT,
In his opinion, the grand jury, surveying the whole
field, could apply the remedy more wisely and eff
iciently, and under its presentment trial could
be had which would follow more correctly the
forms Of law and result more surely in the punish
ment OF the guilty. lie referred briefly 10 the dii-
ties OF towns TO keep their public burial grounds
properly fenced and protected, and 70 collect and
! properly eXpend the school moneys, and recon-
mended an inquiry into these matters
| In regard TO the condition of the county jail he
said that il was notorious fact that the prisoners
seemed to experience little difficulty in effect
! ing their escape and none whatever in eludnp
wrong In the manner or place of their confinement
] lie closed by a brief consideration of the method
in which their investigations should be conducted
and the kind OF evidence which should be received
and an exhortaton To be as expeditions as possible
The court appointed Judge L. II. Noyes, OF
! Hydepark, foreman Of the grand jury.
To the members Of the petit jury, Judge Power,
| did not make formal address lie said that 81
many Of them had served before that they under
stood their duties as well as the court itself and
ii was unnecessary for him to spend any time ia
instructing them.
No case being ready for trial, the court adj
joumed till afternoon.
1t Is expected that the session will not be NOR,
than week in length Several cases are ready
yet Judge Powers interest In them counsel while
he was at the bar, makes it impossible for him Il
try them, aud they will 90 over IN another term
| when an exchange can be made with some 0thel
| judge.
During the past spring. under the supervision
Of Judge A. NJ. Woodbury., OF Elmore, the court
house has been greatly enlarged and improved
An extension twenty feet long, the width and
height OF the original building, has been added
to the s0ntherly end This makes the courtroom
proper eight feet longer, and allows behind il two
ante-rooins, each fifteen feet and half square
one for the detention of the petit jury and tn,
other for the members Of the bar The interior oil
the courtroom has been improved In appearance
aud heshened up by new paper. II will be 70
painted and re-cirpeted soon. The most marked
change Is the leveling of the floor OF the judges
bench 10 the level Of the rest OF the room III,