The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-01-31
" THE LATE JURY OF INQUEST AT
BENSON

Daniel Crofoot, then and for many years a
justice of the peace, and who had, for two
years, been one of the judges Of the Rut-
land county court, and for two or more
years q representative from the town of
Benson in the general assembly, and,
hence, one of the law makers of the state,
proceeded to hold an inquest and, for
that purpose, summoned jury Of t,oelpe
men, of which l.. Howard Kellogg, who
had served the state as a law maker both
in the house ald senate, and as an ex-
FOUNDER of the law in the capacity of
justice of the peace, was foreman. The
jury, after hearing the case, rendered
verdict that the tramp met his death at the
hand of Munger, AMI "that said Munger
a" was justified in the force and means
used, by which such transient person
" came to his DEATH"
In referring to the inquest, jury and yer.
dict, January 9th, we took occasion to say,
"The verdict IS, probably, just one, al
"though ii ia not authorized by law, such
ian institution as a 'coronei's jury havi-g
"been abolished IN Vermont in 1856. Since
"that time inquests are only authorized to
"be held by justices without interven-
elton OF jury" After taking "little time"
namely twenty-one days-for 'retlec-
tlon,""D. C."-presumably the Hon. Dan
id Crofoot, justice of the peace, judge of
,l,, ~ and la kyr,ukar ufnrpsat1
wondering who Is going to pay the
jury fees, or condescending to enlghten
our ignorance, writes, under date Of Ben
sou, January 90, the following letter,
which reached us in print Saturday morn
ing;
For the information Of The GLOBE and
benefit OF its ie'uicrs. ! wish to say that
said inquest WAS held in strict accordance
| with the law passed at the October session
of 1856, ard approved November 12, 1855,
and that said ACT now stand. verbatim on
the pages of the General Statutes, and un-
| der which said inquest VAS held; and be
| lieve tue verdict OF said jury to be a just
| one. A little examination of said act OF
| 1856, and little time for reflection msy
| convince TIE GLOBE that there may be a
| slight difference between an approval OF
repeal OF a statute law. ID. 9.
Benson, Jan. %.
With all due Difference to this eminen
iurst, legislator and expounder Of the law
at the same time willingly concediag oul
own stupidity, want of DEPTH" liner
''ncss," or 'shalown ness, whichever
may be the popular term, up that way
and our profound ignorance Of what tn,
learned I'D. c." means by "a slight differ
"ence between an approval or repeal of I
" statute law" we will endeavor to max,
him understand this coroners jury bust
ness, SO that, even, he will not again b,
found inclrring such illegal, unnecessary
and unwarrantable expenses, and expect
ing the state of Vermont to pay them.
From 1S30-and it matters not how lonl
before-down to January 1, 1856, the Law
governing inquests of the dead was con
tanned in the eighty-fourth chapter of tn
Revised Statutes of 1S30-chapter So, Com
piled Statutes of 1S50-and, in the frs
section, provided as follows: "When an.
d" iUety"ofhall fpjntTnSfb p,het 'hs dsv
died by casualty or violence, is fount
Lying within his county, be shall cause
Jury of inquest to be summoned befor
" him, to inquire the cause and manner o
"the death of such person." Provision i
further made for the mode of summoninj
the jury, the oath to them, what they shall
inquire about, the form of their "inquest,
or verdict, ETC., etc.
Under this statute, an inquest could no
be taken without the Intervention of jur,
fifteen to be summoned, and "twelve, a
least, of said jurors shall be sworn" Ii
chapter 107 of the Revised Statutes-chap
ter 116, Compiled Statutes-of Salaries an,
fees we find the following provision
relative to Jurors before justice" $50
attending an inquest on dead body, t
:" each juror fifty cents"
SO the law remained until January /
1856, when it was changed, the Legislature
having adopted new law-which wa
approved November 9, 1S55-providin,
that the se,ecimen ''may, when in thei
"opinien the public good requires it. bu
=" not otherwise, apply to justice of tn
peace to hold an inquest on the dead bod
of any person found in his town, and sup
posed 10 have died by casualty an,
violence. "wbo"-that is, the Justice
shall proceed to inquire the cause o
manner of the death of such person.
The statute says not one word about
jury. 1t says that the justice "shall pro
" coed to inquire and, after some oihe
provisions, enacts as follows "All act
and parts of acts, inconsistent with thi
Z" act, are hereby repealed"
This law remained IN force but a singl,
year. In 1S56-approved November 12
1856, and taking effect from its passage
the Legislature passed another law, chang
ing the phraseology Of the act of 1865
| giving to the selectmen, cor any one o
" them" when ''dead body of any per
:" son, supposed to have died by casualty
" or violence, is found lying within suct
" town power, :" if in their opinion tn,
"public good requires it, but not other
"wise, to "apply TO any justice of thu
"peace of the same county, who shal
proceed TO inquire into the cause and
" manner of the death of such person.
The second and third sections provide fol
the summoning of witnesses, the taking O
testimony and the return of the same t.
the county court, and for the auditing o.
the fees and expenses, and their payment
by the state. The fourth section provides
for the recognizance OF witnesses Sin cas-
" of felonious killing" The fifth sec
ton repeats the law of 1855, and "all act
"or parts of acts inconsistent with thi
TACT; and the sixth and last section de
clares that the act shall take effect from ID
passage.
The law now governing inquests will be