Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1876-03-01
The Woodstock Hearing.

The hearing before Judge Barrett on
the motion for change Of Venue made bv
the counsel for George +. Miles, Ayho is
awaiting trial for the Barre Bank bur
glary, was postponed from the 22d until
Friday the Goth. Miles was also on that
day brought before Judge Barrett on a
WIFI OF h'beas corpus. being brought from
WINDSOR Prison by Deputy Sheriff An
drew who was accompanied by Sheriff
Lyford of this County. Mrs Miles was
present with her husband, and at times
manifested her grief by tears.
The State was represented by States
Attorney w. p Dillingham;. and Hon. Il.
f. Fliield of Montpelier. while Miles had
for his counsel, T. p Somcrvillc of New
York and Mr.. Elminster Of Windsor. The
Supreme Court Consisting of Judges
Pierpoint, Wheeler, Redtield and Powers)
being in session in Woodstock at the time,
Judge Barrett gave notice that he should
adjourn the habeas corpus case into the
Supreme Court, where it would come be-
fore all the Judges. This done, the hear
ing as to the change Of venue went Oh be-
fore Judge Barrett.
The petition for change of venue was
read, and Mr.. Edminster then produced
the atfidavits of Orrin Washburnc. Will
lam Boutcllc, DIR. Templeton, Frank Bas-
com. Stillman Chase and Albert Dewey.
all of Montpelier Allen Abbott of Worces-
ter. VT, Hosea Patterson of Barre. Geo
Carleton OF Moretown, Lorenzo Smith of
Williamstown, and John NJ Way of Bos
ton, setting forth in each that they did not
think Miles could have a fair and Impair
tlal trial in Washington County. Counsel
also produced files of newspapers publish
ed in Montpelier and claimed that the ac-
counts had prejudiced the minds of people
in this section against Miles.
Messrs. Arnold and Somer>illc had set
forth in their aflitlavits that they had been
Informed by newspaper men and officers
OF the court that there was such prejudice
against Miles that he could not have an
impartial trial here To controvert their
statements Mr.. Dillingham; used the atli-
davlts of NJ. +. Smile, Clerk of the Court =;
j. /. futile. ID. w Dudley and F. II.
Atherton. Deputy ShcritfS; and of the
Montpelier nov -paper mcn J. NJ Poland.
Henry Ovatt, Hiram Atkins, w. p. Hill
and II. A. 1Iu>e. The atlidavitS mentioned
went farther than to dispute the point
that deponcnts had stated Miles couldn't
have 4 fair trial. and etup that they
thought he could have one
Mr.. Dillingham; also read the afliuavits
of the following Washington County law
yers who think Miles can be fairly tried
here: Geo. NJ. Fisk. IIcman CARPENTER
Frank Plumlev $ {. Suhrtlctl, j. +. Lam
son, G.. +. Cloush, f. F. Palmer, G.. w.
Kennedy, IL. w. IIeaton, {. H. Heath, w.
G. Ferrin, c. ii. Pitkin, c. W Porter, j.
O. Livingston and Hiram Carleton
In addition to these. he read aftidavits
of the following citizens of Washington
county, who believe Miles can have an
impartial trial i'll Washington county
stephen Thoma>. J. X. Lanrl,m, J. A.
Page. +. T. ,]cwett, George G. shepard,
J. T. Thur-ton. NJ. ID. Gilman. j. W.
Clark, Clark King, G.. A. Reed f. +
kimbAll, :. G.. Woolson, l.. Burt Cross,
J w Brock, Ira Richardson and Harry
Buckley. He also brought out q letter
from I,J,,, Ar N,, :, E,-+,,, I,,,.,.<,, ,.L
had given an affidavit on the other side
addressed to the sheriff. requesting him to
give his respects to Miles. and ask him if
he was sufficiently supplied with counsel.
After the reading Of the papers, Mr.
Somervillc addressed the Court in behalf
of the prisoner Tor 4 change of venue, al
leginG the prisoner was poor, that there
We're one huutlrcd and fifty witnesses the
defence intended to produce. and that the
expense would be very great 20 Miles il
the trial was held i'll Washington county
and asked 4 change to Bennington county
Nh Somcrvllc stated that the evidence for
the prosecution would all be circumstan-
tial, cxceptin. Peter Crlrley's. whose testi-
mony they proposed to impcach by hume
rous witnesses. He also stated that the
rumOr had gained circulation, that the
State Attorney intended to have every
witness arrested tor perjury if they came
to Vermont to swear down Curlev's ties
timOnv.
State Attorney Dillingham; denied any
such imputation. saying he was DESTROYS
TO give Miles II fair trial.
Mr.. Somcrville further stated that the
| New York witnesses could not be legally
brought to Vermont. and asked :: chang,
Of venue on these grounds.
| Mr. Fiiield arose and spoke streneouslv
against any change of venue, saying Miles
comes into court rs IN innocent man unit
proven guilty. If the defence depended
upon these one hundred and fifty wit
nesses to impcach Curley testimony, an,
| thought thai Curley's testimony was SURE
conviction to Miles, these witnesses nee,
not come to Vermont to prove that Curley
was an accomplice; he said the prosecu
ton have other testimony in their posses
, sion which is far superior TO whatever
Curley may give.
After long argument by Mr.. Edmin
ster, during which the speaker waived
venue to Bennington county, but to some
other than Washington county, if the COur
was not disposed to change to bennington
the Judge took the papers at seven O'Clock
stating lie would give his decision in the
morning.
Miles Imprisonment is not having I
good effect upon his appearance, and hi'
full beard and long hair have changed hi:
looks considerably from what they were
last fall.
Saturday forenoon the hearing before
the Supreme Court (Judse Barrett sitting
with them), on the writ of htJe0s corpus
came on. Mr. Somcrvilie read affidavit
going to show that the taking Of Mile:
from New York was Illegal that he wa
constructively in the jurisdiction of The