Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-10-06

copy of the Indictment Mr.. Somorvillo has rep
resented to me. as he has to the cout, that Mr.
Beach is the senior counsel for the respondent,
and that ho desired 10 show the Indictment TO him
before pleading 10 &c. Ii the case is 10 be coniin-
ucd don't know MS IL makes any difference
whether be- pleads to tho indictment now or by
and-by That may be rs the court shall advise.
don find nything in regard to the practice un-
der that head u the books bat know that It has
been The practice in this court Tor man TO plead
at the same time n which hls Indictment is found.
in cases OF felony and the like. II the case Is to
be continued, and it is proper to allow him time
to plead l.lall make no objection To It, In regard
to the continuance ofthc case have received a
letter from Mr. Reach whom met Ia New York
when be was acting in the respondents behalf,
during the bo5sas corpus hearing II is quite
long letter, and concludes In this way. " desire
fairly and fully To test the question Of Miles dcn-
| tity and guilt It is impossible for me to attend
at the present session Of your court Miles cannot
procure Dis evidence in readiness for IT, It is not
usual to urge n trial at the time the Indictment Is
found therefore ask a postponemcnt Of the
trial tll the next term rs n matter Of justice 10
Miles irrespective Of any professional courtesy
possibly due 20 myself under the circumstances.
/
case tried at the present term Of the court, as
thinl, it ought 20 be- But the state is laboring
under some embarrassment In This matter, ing
to the illness Of Mr. C. \ King the cashier Of the
| bank, q very important witness for the prosecu-
| ton and t is very doubtful indeed whether hr
King viii Dee able 20 attend at this session Of the
court at least am so advised by his physician
Were it not ior that should object very strongly
to "a continuance OF the ease but since need Mr.
/ King a. witness and a. the respondent desires
continuance, don't know that any injustice
will be- done either 10 the state or To the respond
| eut n q continuance should bee granted. The
/ question IN ms mind was whether be should plead
/ before the continuance or whether he should be
allowed further time All our statute provides l.
that % prisoner shall not be obliged to plead til
twenty -four hours after he has had o copy Of the
Indictment served upon him. The copy was not
served upon this respondent till three o'clock yes
| tcrlay afternoon and it b. now only few min
utcs past two. go he cannot be compelled to plead
now, at any rate.
] RrnrIEtp J. J.-Thc purpose NJ the statute IL
90 allow the respondent twenty-fonr hours before
pleading. in order that he may be fully advised of
the nature and character of the charge la the in
dictmont Il doesn't occur Ia me now what adj
vantage She respondent would have by postpouing
the argument Il is merely to make anissue upon
the record 50 FAR ~ recollcct now. the almost
universal practice. except in minor offences,
md where an indictment Is found, proper
time given 90 a respondent to consult counsel,
Is for him To come into court and make an
issue upon the record of not guilty don, know
but that in the practice Of New York, there may
be some advantage 10 the respondent In a
p"''l'"''''"' W ''' ''''
SCI l""l nave 'n i'''"
MI. N'NfH, ''.l'-l ne ""'l "''"n''5o Us nus
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uoh 20 q""S" 'n' luu'''n''n" q" "'",' "' ''''u' wv.
''l' 'Ne i"'7' ''
sH'il OF not s'ui,l 10 'n' "''"s''"'n' nave
%" ',''n I'd "'N'"- p''" w "'' s"''''
Nded 20 does h"l interfere "''" '"o''on ''ie"'''I
To qNA'h 'h' .n'l''''.,"'
"lni 'lA"' J. ''-- ''" wa ''''''" "', your ,s''N
To n'u'h 'o "''n'>' ''"'''i'I' '"'"N WI,
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to pnt bis plea upon me record.
MIR "iL''N'i NN Oe''''' u. ,-l'''u'u' ",''
@noi maer no "l'"o''"''Nv we n''e su''"''
"mc' pf'Nide- UAl 'n''e ul'"v''9 ulo,'ons mo-
ton, TO quash' ana motions oi tA"t character
snail be MED before we Jury IL eulI"ne"eu' De-
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