Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-03-29


The counsel for the state, Mr. William T. billing.
ham Hon. b + Fi6eld and Mr. s G. shuHch,
sat In front Of the clerks desk
ANofIoN ron CONTINUANCE
The oour took their seats upon the bench
promptly at two o'clock Turning TO the states
attorney Judge Rediold asked II the case NJ the
state against Miles was now for trial An
ready on the part Of the state. your honor" re-
piled Mr. Dillingham;.
Mn fiKLp.-" May il please thu court, the re-
spondent desires 10 move continuance II the
case. II the cont will allow me, will read the
motion.
The motion simply stated in writing the desire
Of the respondent In compliance with the rules u
court MT Field then read four afiidaVits ~ u ha-
sis for the granting Of the motion, the two most
important Of which were substantially rs follows.
MILES AFFIDAVIT.
"WAsHlNoroN COUNTY CorRr,
MARCH TEnM 1876.
" Siot NJ Termont ". George Ma,s
Il, George Miles the respondent In the above
named case, on oath depose and say. am en-
tirely innocent Of the crime charged against me,
and had no knowledge Of its perpetmtiou, until
some time after the offence had been committed
reside in the city Of New York with my family,
and on the 9Th day Of July 1915 was NJ my
home and at my ordinary basiness My presence
In the city Of New York on the 9th day Of July,
1875, must he known and remembered 10y several
persons, with some Of whom had business trans
actions Of such a character as to render 1t highly
probable that they were the subject Of written
minutes Until my arrest In this case in the city
Of New York, | was not aware that ! was charged
with or suspected Of the commission Of the offence
nov charged upon me- and since that time have
been Ia close confinement and unable 10 render
any personal supervision In conducting my de-
fence gave a list Of my witnesses 10 one OF my
counsel, Mr. Thomas T. Someryille. who prom
sed to secure their attendance upon my trial, and
to act as my attorney in the case Relying upon
this assurance, and confident that II it were faith
fully observed abundant testimony to establish
my innocence would be in attendance at this
court, have, until the evening Of the 9th inst
expected and desired that the case should be
tried at the present term Of court But at the
time lst named, learned from IT, X. Field, one
Of my attorneys who had been 10 New York 10
complete preparations for the trial, that Mr. SOM
erville had neglected To make suitable prepaa-
tons for my defence One Of my most material
witnesses lies sick in New York. and unable to be
IA "''en''''ce At 'ns court by en's Witness
whom know TO be business man Of prominence,
and whose name is H. g. McKenna, and who re-
sides at No 10 Strikers Lane, expect TO prove
that ! was in the city OF New York on the day Of
the alleged burglary. Without his testimony, and
that Of many other witnesses that confidently
expected "ouiu De present mere III Court pu' VINO
are not anu cannot DC present. uIo"s" NO '""' VI
mlne' OF oil my couise' mere III vermont cannot
Ptoceen l" ul"' nave no WITNESSES III "'''hu-
ahce upon court II pressed 70 tflai AT Tue present
term oil court my case must he S'cHheeu'
am cohhdeh' tnat II continuance is granted
shall be able to establish my innocence oil the
crime charged against me III the indictment maze
against me g. L. Mills
subscribed ana sworn 10 nj M"htpel'r' w. TINS
1th Jay oil MATCH lo'n' before me-
HENRY h HELD Justice oil The leAce
A. r. TiEIb's AFFIDAVIT.
WAsHINGToN COUNTY torRT
MARCH TENN 1876
Htdte V l'6'oW vs. "s"Fge N"tS'
!, Henry h field' oi Montpelier county oil
Washington state OF Vermont on oath declare
and say am Of counsel Tor the respondent IN
the court aforesaid having been consulted and re-
tanned IN the case some zen Gays ago, Al Mics
request VISITED MN ~ WINDSOR ana eouhseiisu
win MN IN reference 70 TINS case theh learned
the respondent depended on evidence TO he pro
dueed III the form OF dep"stlohs, 10 complete MS
deienee' informed respondent 'nAt Such e'l-
dence would pe in'dmlssapie WITHOUT consent OF
the attorney Tor the state ana the permission oi
the court piohiiseu respondent 10 e""e'N"' ="
obtain snch consent ana lefhiission' ana uiu' "r
soon rs p"ss'u'e' e"ue'N"' ~ w. III" "
spohdeh' case nAu u'eh nes'ec'eu ny COUNSEL
'hrOush no I"ut vi Tue resl'onue'' MI" was !"
no cohul'i"h ior tfial :" hi"rheu roSion"s"r
anu was oy h'" ieiuoS'eu 10 u'@o SUI" S"P'
~ !" my jug "ie". s"o"'u w 'Nleu''i' Il"
SURE nun " 'Ai "nu 'iif'Ai'i"' 'r'''' Vn ''i's''
OF court 10 grant commission LOT taxing 'est-
Hohy III peh"l OF neleh'e' went " Ne" iofA "
personally n'elNie" 'hc WITNESSES anu 10 "u'iSe
myself as " Tue Vonuluou oi resi"nueh' case
y" NY arrival d" sc" io'A' , leH,nen '.,,'' very
material witness lor defence Nr. H. u Mchehna'
was cohhncu 20 MS mouse py s'ehhesS' anu '''H' "
was very doubtful "hethef Said hchehha could oe
IN attendance upon TINS case AT present VISITED
said hcAehha at MS house anu Iouhu nun SIGN ana
Vohiine" 1" n'S n""S', WIN i'p ''''"'o I''SPe0'
oil recovery. "un' sa'u witness Fl" pe most
maternal witness ior uelehce' ana " man Oh ehaf
~eiet anu 'epuu'''on' pS NM he oou'u DC pres
eht mere III court the respondent ooulu prove 'ha'
on the ON day oil jury 800 respondent was ID
New lorh' anu 'heh ana tneie had business trans
actions with SAID hehenha- Al my request Doc
tors Henry O. GAUSS ana simeon n Leo both Of
whom are physicians III regular pfactce ana oi
good repuiauoh' examined Silh Mehehha' ana
forbade his coming To Nerinonta at ms time, or Tor
some time to come, giving their opinion that a
journey to Vermont IN his present condition would
impeni his HE. ala not until two or three days
ago, know that said Mckenna was unable to go to
Vermont and testify but supposed him able and
ready to 90. Further, say that there are many
other witnesses, material and important for re-
spondent, whose testimony cannot be produced at
this present term OF court but which could be pro-
dnoed At another term OF the same. In my
opinion, it is OF vital Importance, and but simple
justice To respondent that continuance be
granted. If 1t be refused, great Injustice may be
done to him. Signed HESRH II. FIELD,
Subscribed and sworn TO at Montpelier VI, March
~, 1876 Before me,
lslgned) H. W lffoHp' Justice OF the Peace.
The two ether aliidaNls were by prs. Henry
o. Ianss ana simeon VI Leo, OF New York,
JOINTLY ana ny MI charles J. Arnold attorney
o. New York, VINO appeared Tor Miles here last
fall. The physicians certify Ia Mckenna Illness
| and Mt. Arnold cOrrODOratpr MIR. Field Afida III