The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-02-04
THE RUTLAND

question regarding Bailey P0rnentefs
books--the hardest for the other side to
get over-the decision of which has long
been established as a principle of law. My
associate has referred to several authorities
on this subject The question is with regard
to the death Of Parmen,cr and tie admission
of the andwriing Of him after his DEATH
The great trouble is that they cannot con-
tradict them could they contradict them
any better if Parmcntcr was alive 1t is
shown that Parmenter made This record in
the ordinary course of business aud there
is no suspicion that ANYTHING but the truth
recorded there. 1t comes within the rule
of law aud any other rule would shut out
justice. The counsel on the other side
admit the evidence is true, but the only
complaint is that it hurts their case. There
is not a shadow of suspicion about the
record but ii hurts If that is good reason
we shall have TO abide by it. The counsel
cited several similar cases bearing upon the
subject.
The next point Is 10 the testimony of
CAIN in which they claim something.
Under the instructions of the court to the
jury it was a safe statement, tending to
contradict the statement made by the re.
spondent. The next point made in the
bill OF exceptions which we will notice is
in regard TO the charge of the court below.
They object as to the de ini!ion of rea-
n. In -
| doubt as would arise in the mind of rca-
sonable mar ! don't know what com.
plant can be made about that. The coun-
sci here read authorities defining a rational
doubt. There can be no Just criticism
made against the admission of such testi-
mony or of the charge of the court. There
is not single slip in Judge Wheeler's
charge which does not closely guard the
rights of the prisoner in every way. 1t is
model of caution and legal learning. The
cases are so well established that an appli-
cation for new trial must show that in
justice has been done. I say, confidently,
that there is not anything introduced here
in this petition that cannot be laid aside en-
tirely. In the first place it is not conclu-
| sive fact that Phair was in Brandon that
does not remove the guilty possession of
those goods, disposed of within twenty
four hours in foreign market. In the
second place, the affidavits are subject to
the seyerest criticism if nothing more.
White contradicts himself with regard to
seeing the window of Phair's room, and
comes out in a second affidavit to do SO.
ARGUMENT OF d. K. NICHOLSON.
lie opened by saying his time was espe-
cially limited to stand between man and
death, and he hoped he realized the import
ance of the case TO be considered The
public mind were in painful doubt with re.
gard to the case against this man. The
circumstances pointing to the guilt of this
man were unfortunate. This counsel have
a painful anxiety with regard TO the guilt
of their client. In the light of other cases
cited, he asked the court to look more ten
derby to this case, because there is pain
full doubt. The excitement and first i'm
pulses of the hour are past. The negro at
Auburn would have been hung by mob
had it not been for Gov. Seward. SO when
you come to the careful consideration of
this question, and in the light of discrim-
nation, there is great doubt about the guilt
of this respondent A juryMan sits down
to try him who confcsses that he don't
know but he had expressed an opinion in
the case. The counsel on the other side
failed to discover that Il decision was rem
dercd in State VS.. Clark, byJudge Williams,
on this very question. He then referred to
the brief of Granville Sharpe which re-
leased Somerset in England The decision
in the case of Clark acknowledges this
same idea. Loveland had talked good
deal about this case and his disqualitica-
ton was in the fact that he was mbued
with opinions of the case. That old rule
is barbarism and should no longer be re-
garjed as law. The court cannot find an
opportunity to so justly break over this
law. In regard to these experts. Expert
implies care and experience. No one man
can excel in everything. These experts
| L.
These bank clerks are not worth discuss
ing beside those of the Smiths, while the
latter are no better able to judge than any
other member of this bar. Only on ac-
count of their personal responsibility could
they be allowed to testify. Everybody
who wants responsibility took the name of
Smith. There are four figuring in this
case-two who have assumed that name.
The serious error in this case is the ad
mission of this entry from Bailey Il Par
menter's books. Had Mr.. Parmenter beer
alive he might have been witness and
testified to the identity of the watch HI
had performed no duty in this case, but all
voluntarily. The law did not appoint the
duty done by him. 1t is no more yalu,
than if he had told Mr.. Bailey about thu
record and he had remembered it.
The testimony in regard to Phai
being in Brandon, is important
the other side are shocked because we pu
in Whites evidence to show he was II
Brandon, and claim 1t amounts to nothing
The witness testified of what he saw, an,
he cannot be impeached Mrs. Surrat
could afford to be hung the national gov
eminent could not afford to hang her
} John Brown could afford to be hung blu
the mob who hung him must yet answe
for the crime. Jonn L. Phair can affor,
to be hung, but the community canno
afford to let their own hearts ache with tn
suspicion that an innocent man has BEEF
hung. Judge Wheeler he did no
complain of the tairest man il
the world. The dark cloud of having
$ those goods in Boston should, however
, have been cleared away, by showing til
jury that that does not show he was tn
, murderer. The day that John p. Phai
ascends the scaffold an innocent man iron
e that day the horizon of every man who ha
t been instrumental in bringing him ther
will be obscured in blood.
Mr. Nicholsons time was so limited tina
a the above abstract does not do him justic
G being but an abstract of a short speec
q of thirty minutes, in which were necesss
= rily brought up SO many points which re