Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-04-05
VOL. 71.-3625. NO. 25.

aud Inquired for some meal and warm water,
which was furnished them. She thinks that one
q snese % men E wa. the ,espondens and says tha,
the meal and water 10 the men and testifies that
he observed the respondent carefully that the re-
spondent offered the meal and water 10 the
horses, and that one Of them drank lie says
that this respondent was the man that he saw
Mrs. Savage says that she didn't leave the house
and that the house was about four rods from the
road that she went 10 the door and Inquired IL
they would take a letter 10 the post-ofilce; that
one Of the men said he woulj and Just NJ he was
starting. he turned round aud assured her that
the letter would certainly be posted. She doesn't
claim TO be absolutely sure that this respondent
was the person. but thinks he was. lon have the
testimony u the conductor Of the train. lie
claims that II was his duty, as conductor, to oh.
serve who came on board, and to follow up and
get their tickets. lie says that two men, with
tive travelling bags, stepped aboard Of the for
ward car, at the forward end from the depot, at
Rumney, and that he went in and observed then
took their fare: that the respondent at the bar In
his Judgment and belief was one Of the men that
came aboard " the car. Whoever came aboard
one of them is conceded to be this Alphonsos
CHrey. Both Of these parties that got on, left the
train Curley jumped, or fell or on the left
hand side aud about the time the cars were
stopped to 90 back where Curley jumped or fell
OF, the engineer says that he saw a man get on
the and 20 towards the woods. You also
have the testimony of Mr. and Mrs. Cook, from
Groton, y, II. They say that on the morning Of
the sth, a Stranger came TO their house-they liy-
and inquired for some bread and milk aud, It
being about the breakfast hour Mis-, Cook said
he had better sit down 10 the table and take some
breakfast They say, especially the woman that
they observed him closely, and conversed with
him and he said he was passing over the hills
through the country. Both Mr.. and Mrs Cook
claim to be positive that this was the man that
came there and took breakfast don't remem-
ber that either Of them attempted TO remember
from what direction this person came 10 their
house think Mrs Cook saws that the first she
rtn. ffta Il f..l1 hoe hat atuua
man at the door But the state claim, from all
the circumstances, and ii is for you TO consider
that this person might probably be the person
whp left the ears, the day before, and went
towards the west, and appeared the next morn
ing. about six miles away, at this farmer house,
in Gruton. II this respondent was seen there by
II. VI. Cook and his wife II he was upon this rail
road train, why the claim Of the defence that he
was not here In barre, bat that he n New
York is untrue. Il don't follow that because he
was In Groton he committed this crime. But
the theory assumed by the defence IL, that this
charge is entirely false; and II YOU should believe
that he at this farmers house, In Groton, on
the morning Of the sth, eating breakfast, II would
be fact which would lead You to very strong
suspicion that he was the person who left the rail
road, and the person who was associated with
Curlcy In this transaction. You have the test
mony of Mr.. llazelton, the ticket agent, TO whom
the two travelling bags were delivered by the con-
ductori Of Mr. Bailey, the deputy sheriff, who
testities to these two men getting on to the train.
who Identifies the respondent as one of them, and
who arrested Curey alter he jumped OIL OF MIR.
Swain, the station agent, who describes how
these two men came down the railroad, and recol-
lects that this respondent was one Of them; Of the
conductor and engineer, whom have already re-
fcrrcd to.
SO we will go back, gentlemen. Here WIS
burglary committed by some one. Here is de-
tailed account, given by one who admits that he
was one Of the parties committing the crime.
Here Is a history OF where these teams were left
during the burglary-of following the track; of
these two coats taken, and found by Dr. Whit
more; the identification Of the respondent by the
station agent, the conductor the GrotOn farmer,
and all these persons You will remember the
description OF the clothing found in the travelling
bag wet, as though it had been out In the rain
you will consider all these things--the means OF
Identification which Dr Whitmore, the conductor,
the station agent, Mr.. Bailey (the oflicer) and
Mr. and Mrs. Cook had Of identifying the re-
spondent; and you will say whether, from all this
testimony taken In connection with the account
given 10y Curey-keeping in mind all the time
that lac was participator In the crime, and that
his statement unsupported IL not sufficient TO con
vct take the testimony OF Mr.. King, his descrip-
tion Of the clothing general appearance and num-
her Of these men; take the pursuit and recaptufs
of the team and the clothing, the condition OF
the clothing; the place where these two men
gotaboard the cars; where they rode, and the man
ner they rode; the account OF Dr. Whitmore and
Others and YOU will say how far all these circum-
stances conhrm-if they do confrm-tho story Of
Curley. There is no suggestion but what these
persons ordinarily truthful, and You will con
slider their Of observation and the certainty
or uncertainty Of identifying the prisoner at the
bar. Then you will say on Your oaths, discard
ing any impression II you had any, that has been
obtained In any other way than by the testimony
on the stand-upon your best Judgment, after
carefully weighing the testimony, say, Is II true
that this respondent beyond any reasonable and
well founded doubt, assisted in the perpetration
Of this crme2" II the evidence conyinces you 10
that degree of certainty which the law requires,
beyond any well-founded donbt, that the respond
ent was present, and aided and assisted In this
I.r.. ola tk.sA a
ton The law doesn't give you discretion ON
your oaths yon are bound to say-must say-he
Is guilty. II, after fair and impartial eonsdera-
tion Of the evidence in the case, II does not con
vince your judgment, you say there Is real doubt
"A doubt that is well-founded-and the measure
Of is not sufficient, then you will give the bone
fit Of that doubt to the respondent you will say
that he is not guilty.
One last remark gentlemen, | will make to
you. | have said you must discard any impress
sion you have had from the drift of public
opinion-absolutey discard t. You haven't any
bias here; you have no partisanshp, and belong
to no party or division Of men. You are jll-
rors-citzens on your oaths. You will be guilty
Of no weakness In saying that, in sympathy for
anunfortunate stranger. Although believe him
guilty, will not say 80. And, ON the other
hand II the entire community-if everybody says
he should he convicted, and you, on your oaths,
looking all the evidence over carefully, doubthis
guilt, you will say. lie is not guilty" But
there Is often, as Lord Mansfield "a great man,
once said, "a leaning against an Impression
which the public or the community feel may pro
duce a weakness the other way, In which little
stubbonness and bias not the truth, may have
domination over the mind for the moment" Lift
your minds above either Of these feelings.
Whether the respondent had good or bad his
tory, you know nothing about It. II Is important
TO him that he have all his rights absolutely pro-
tocted, and that lie be tried, like other men, with
the presumption OF Innocence IN his favor TO start
with. II is very important to the people that
crime which endangeis the sacredness of our per-
sOnal Liberties, the security of our homes and the
safety of our property, should be punished and
that Justice should be yindieated. But neither
the court nor the Jury has any personal feeling In
the matter In the administration OF Justice there
are no sympathies. The people have rght Ia
demand and see that the law, both civil and
criminal, shall be administered without any feel
ings either way-as II is, trutlfully, fairly and
justly You stand up, no matter what may he
said outside thinking only of your oatls and du-
ties, With no passions or sympathies either way,
saying: Z" Let It's have the truth and when you
find the truth, you cauuOt, without Iorsweaiing
yourselves, say otherwise than what you belisYe
the truth to be, and you viii then return your
verdict accordingly. Take the case, gentlemen
TnE yrRDlcr
The Jury went out at about half-pasi two. Hay-
ing chosen Mr. L. d. Savage Of Waitsfeld, fore
man. they retired; and at five minutes to three
rendered a verdict of guilty" Miles refused
to stand up, and listen to the verdict shaking his
head at the clerk, when requested 70 do 50. Mr.
Dillingham; moved for immediate sentence; but at
the request Of Mr.. Gleason, the court postponed il
till Friday morning.
At that time Mr. Peld said that the respondent
desired him 10 say that he more protested
his innocence OF this charge that had been pre-
ferred against him, ana for which he had been
tried that through no fault Of his, as he believed
he had been unable TO make the defence to which
he thought he was entitled. and which he would
have made The respondent wished him TO add,
further, that lie had wife, and one child OF four
years who were entirely dependent upon him for
support had no means whatever; aud while hr
was confined In prison, they must depend upon
the charity Of friends
Judge Redfeld, having consulted with his asso
clates addressed the respondent As follows. la
imposing
TliE sENffNcE.
ave have no disposition to think OF say thaty
may not deem In your own mind. that opportu-
nifty for a free defeuce may not have been given
yon Yet we feel bound to say that We have de
signed, and have, In fact, extended. in your trial
all those opportunities and fayols which the law
intends to secure to insure fair trial And In
deed In the course Of the trial have designed 10
make every suggestion to the jury to Induce
them 10 weigh carefully the evidence, and TO give
you the benefit of all wellfounded doubts. We
feel bound to say, that after carefully surveying
the case, and questioning IN our own minds
whether there may he q mistake or error, we
are assured that this verdict rests upon the truth
We believe so, and 1t IA not matter for the couri
TO say more than they satisfied with the
verdict And being true, the crime thus establish