Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-03-22
Washington County Court.
Hos T = RKDriEip, Presiding Jadge.
IInN. IAMLs IL lInInEN. l... -

W
TIMOTHY r. MERRILL, DCwty Ci1k.
lIEsR Ovttrr Reporter.
The States Attorney, Mr Dillingham;, has as
signed the following criminal cases for next Tues
day, the 2sth Of March. State u.s. Michael Stat
terry, State re- Augustus J. Robbins, State rs law
renee Preston, State u.s. George Miles, State IS.
Francis J, Kelley, State rs. Peter Alphonsos State
rs Charles X. Webster, State Is. Gustavus \. An
drews, State rs Almon C. Guernsey, State RS John
A. Locklin, and state Is. James Donahue,
OF these, the prosecutions against slattery, Rob
bins and Preston Of Montpelier, Andrews Of
Calais, and Iockln and Donehuo Of Mortified,
are for selling liquor Kelley is under indie ment
for stealing horse and buggy from William II.
Morris, the livery stable man, Of Mortified, on
the sth Of last June Webster is indicted for steal
ing q team from Mcssrs Jones & Maxwell, the
hotel keepers at Moretown, August 10Th, 1875.
lie was tried ut the last September term, aud the
jury disagreed Both he and Kelley have been In
jail since their arrest Guernsey is charged with
an assault and battery upon Samuel o. Rohinion,
at Calais, upon the oath Of October 1875.
THE CASE OF uLEs.
1t Is not expected that Curleys case will be
tried as he has turned states evidence against
Miles, and will he one Of the principal witnesses
in that trial Public report is to the effect that in
return for the aid he has and will render the state
a nol pros will be entered in his case.
Mn CARLISLE J. GLEASON, soon after the com
ing in of the court, on Monday morning, called
the attention OF the court to the Miles case, and
said May it please the court, this case is set
fourth In the list Of state which have been as
signed for trial, and it is doubtful il more than
one Of the three before it will be tried
Mr.. DmLINGHAM-"I II is quite doubtful il there
rls one"
Mn GLEASON" There will probably be one.
ask 10 have the trial Of that case postponed and
set for trial one week ater-frst, because on ac-
count Of my own health and what it has been
since the term began which has placed my part
ner and myself behind in our work. and we
haven't been able to do so much towards the
preparation Of that case we ought; and another
reason is, that Mr. SomeHle, the counsel relied
upon by Mr. Miles to prepare his case especially
whath expects to prove from New York city and
who has arranged for sending witnesses from New
York, has been summoned to Washington, to ap-
pear before an investigating committee, and does
not know how many days he will be detained
there It is summons which he feels called
coming here and assisting in the preparation of
this case Mr. Miles, being in confinement, has
to rely upon his counsel for everything and it
seems as though, under the circumstances, it is
but right that he ought to have the slight delay
asked for, especially as we didn't know when it
would be set; and we didn't anticipate its being
set so soon either We think, under all tie cir
cumstqnces situated as we are-our client in
Windsor, part of the counsel in New York-a
week postponement is not too much to ask for
and we should regard it as a very great favor on
the part of the court Indeed, Mr Miles doesn't
feel as though he could prepare his case for trial
by next Tuesday; he feels rs though it was almost
going to trial without preparation, unless a post
ponement is granted We only ask for one week
and we hope that the government and the court
Will grant it.
MIR. DlLLSaHAM-"Do YOU appear rs counsel
in this case go
MIR. GLEASON" Yes, sir; Mr. Clerk il my
name isn't entered on the docket as counsel, yot
may enter it,
MIR. DILLINGHAM;" May it please the court, il
the assignment Of cases, this stands fourth on tlI'
list There certainly will not be more than on'
trial before it, and think there may not be any
Under these circumstances, | have 80 made M
Arrangements as to have all my witnesses here by
next Tuesday, More than one-half Of the wit
nesses for the prosecution are from without tn
state, and they are persons who cannot be detained
without injury to them, as they are men who ar
prominently engaged in lucrative business Ihei
residence being outside of this state, they ape o
course beyond the control of this court, and tn
only way can secure their presence here is b,
/ Al. y.
to see these different persons, or have sent al
agent TO see them, and they have agreed TO be her
on that day, on the assurances that they shall no
he very long detained. More than that, hav
taken pains to write an official letter to each O
them, asking them to be here at that time, AM
they have received assurances that they shall no
he detained longer than Is necessary, and upo
those assurances they have agreed to come
this postponement should be made, feel doubtful
Of my ability to secure the attendance o
these witnesses. They have doubtless arrange
their business in order to attend next Tuesday
e and 1t seems to me it would be hardship upo
e the state and upon these witnesses to have thi
} case postponed. think, your Honor they hay
had notice enough on the other side as to whe
this case will be reached. spoke to Mr. Somei
vile about it, at Woodstock and he asked whe
this case would be assigned, and Immediately afte
! the day was fixed wrote to him and gave hif
t notice. This morning | received letter fror
Mr. someryille acknowledging the receipt Of m
letter informing him Of the assignment Of Mile.
case, and making no objection to it. lie make
no mention of any engagement at Washingto
before an investigating committee lie simpl
, writes to me -
u REnFlFID p. ]. -" What is the date Of ia
+ letter."
( Mr.. DmLlSGnAN-" The date of it is Marc
J.. nth"
! REDFIEID p. j." From New York;"
, Mn DuIINGHA AM" From New York; yes you
Honor lie saws: Your note Of the 18th instan
:, came to hand this afternoon And then he d,
/ sires me to inform him in regard to the statut
e for taking the testimony of witnesses in cIimini
a cases by deposition, and he saws he has been il
formed that evidence taken de Jene esse can /
- used in criminal trials in our state Our statut
i requires that testimony of that kind shall /
l. filed ten DAYS before court, so the respondent
} counsel can take nothing by that As haS
a already stated he makes no mention of q d,
!. sire for postponement
, Mr. GLFAsoN-''I haven't Mr. Somerville' lie
tiers with me Mr. Field who received them,
u away We had two-one Saturday morning, an
e owe Sunday morning in which this reque
4 I