Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-09-20
THE Blu RLJ N GTON
Cnltteuden County Court.-september Term.

Chittenden County COurt.-Septembef Term.
HON. JOHN PIERPoINT, Presiding Judge.
H Hos A a. \ B. IA HaLn.Er' An,tant Judges.
g. S. PALMER, States Attorney.
A. J. Howard. Clerk.
L. A. REw, Sheriff.
JAY READ FENDER, Stenographcr.
TUESDAY. Sept. II, 1878.
The regular September term of the Chit
tendcn County Court opens this morning al
nine o'clock.
The regular September term of the Chit
tenden County Court was opened at $50,
this morning. Prayer was made by Rev
q. B. Stafford, pastor of the Third Congrega-
tional church in this city. Proclamation
was made for the grand and petit jurors,
who were respectively sworn to the dis
charge of their duties. The following is
the list of jurymen:
GRAND JURORS.
Edward N. Cotton. George L. Draper, j.
l. Shaw. L. B. Plstt, Dr., James Nichols.
Amasa Thompson, Henry Morton, Erastus
Field, j. w. Brown. John l.. Mason, Joel
B. Bartlett. Henry Lawrence, 5. NJ. Mead.
Albert Weed. Roswell B. Fay. Arson John
son. V. P Noyes, II n Drury. The va
cancy created by the absence of Mr.. Bart
lett was filled by 10. d. Hatch, as Tales
man.
PETIT JURORS.
Bolton. John Corvan; Burlington. I. A..
Miles, Hiram Tracy. VIM. Anderson, Daniel
Murray Charlotte, II G. Root, II. W. Root i;
Colchester. George NJ Duncan, Peter Foun-
tain, Adoniram Austin: Essex, George 5.
Powell. James N Gates; HInesburgh b. Guy
ID Boynton. Charles Russell; Huntington,
~ r,, Iartahn E1urar III
Lane 3 B Bliss Milton. George McLallen,
r. W Ballard: Richmond. Benton Will
iisms. Edward Bissett; Shelburn, William
II. Harmon, George Z. Blair; South Bur
liugton, Seymour Thayer. \ Chitten-
den St George, Guy o. Castle nderhill.
George c. Duntvn. James O'NeIl: West
ford, B. + Lawrence. j. III Macomber
WillIstop, Jackson Miller. William John
son.
Messrs. Anderson and O'Neil were ex-
cused by tie court on their request.
His Honor then briefly cautioned the
petit jurors regarding their duties, impress
ing upon them especially, the necessity OF
sbstsining from either holding or hearing
any conversation respecting any case to be
tried at this term.
CHARGE TO THE GRAND JURY.
His Honor remarked to the grand jury
that while the law made incumbent upon the
court to charge them respecting their duties,
he deemed it sufficient at this time. IN view
of the fact that most, If not all, OF tho panel
had been called upon to serve in similar
capacity before and therefore were not
ignorant Of their Official duty, to simply di-
rect their atten ton to the fact that they
were expected to inquire as to whether
there were any criminal laws of this State
which had been violated under such circum-
stances as to warrant the present merit OF
the offender for trial at this court.
that, in makingI these inquiries, they were
to act upon their own knowledge and on
such evidence as might be brought before
then, by the States Attorney. That in de-
tcfmining a. to the guilt OF sucn offend
urs, it aas not necessary that they should
be sgtisfed of the respondents guilt be-
You'd q reasonable doubt, nor were they to
act upon mere suspicion or rumor. but that
they should he satisfied upon the evidences
before them that there was n reasonable
probability that the person was guilty OF
the offence charged An Indictment not only
involved great expense to the respondent
and the State, but 1t also affected his char
Acter and standing in community They
should therefore weigh tho evidence care
fully and as intelligent men. In passing
upon all questions 1t was necessary that
twelve of their number should agree in
finding bill.
Hon. John L. Mason was appointed fore
man.
THE DOCKET.
The docket for this term comprises one
hundred and ninety Causes. OF this num-
Der seventy were set down for trial. In |
calling the jury calendar forty-tw causes |
we're marked for trial, the remainder |
having been continued or settled. The first |
case for trial this afternoon is that of the |
Phoenix Mutual Lie Insurance Company |
rs. Elijah P. Uerrick. This Is an action Of |
issumpsit for Monies had and received by |
The defendant a. agent Of the plaintiff from |
1871 to 1874, and retained by him, as he |
claims. to compensate him for commissions |
earned by hIm. and Tor certain expenditures |
made by him Tor the company, which sums
he plaintiff refused to allow. Messrs. |
Daniel and Robert Roberts, f. j. Phelps |
md Jerome b Bromley for the plaintiff |
Z s. Taft and Henry Ballard for defendant.
At the close of the morning session Mr.. |
Wilbur II. Powers, late OF Lebanon, N H.,
low a partner OF +. IL. Coin. E-q., of this
,ity, was on motion OF Hon. Daniel Roberts
admitted to practice in this court.
THURSDAY. Sept. ~.
The testimony in the case of the Phs nix
lutusl Lie Insurance Company VS.. Herrlck
vas closed at three clock yesterday after
loon. The remainder OF the day was oc-
,upied with the opening arguments for the
'!aintiff and defendant, made BY Daniel
Roberts and Henry Ballard respectively.
hey will be followed by r. S. Taft and E.
7. Phelps, who will close the case this morn.
ng.