Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-01-03
MIDDLEBURY, Dee. %.


| lhr state We. Jame- II. Baicheder indicted for
| ioF-",y. -oven counts: notes discounted at the
| Brandon national bank counsel tor the STATE,
Hon. +. r. Woodbridge, Nersennes, Hon. Daniel
Roberts, Burlington counsel Tor defendant. Hon.
| James NJ. Slade, Mddlebury. Hon. L. X. Hard,
| Burlington. lmpanelling Of the jury commenced.
The jury, rt'E number o! challenge was con
| II. Fisk, Weybridge d. C. Barber, BrIoport H. X.
Barrow+ New Haven Samuel J. Benedict, Aidi-
-on; E. h. Severance, Middlebury ByrJ Ray,
| Monkton Hiram X kngslan1, Ferrisbargh; Henry
| J. Hyde, salisbury; A. j. Lamb Granville Frank
| lin Rocker. Middlebury Il. c Wood, Orwell.
| This completed The rmpauelng OF the Jury. The
clerk admin stered the cath and Mr.. Woodbridge
oI"led the case. The case he ssid, had attracted
attention in the community, as the crime. II one
had been committed, was committed by young
man, who had heretofore sustained Il fair reputA-
tien for business capacity and personal Integrity
IL vi appear that quite a young man lie was
engag cd as merchant in Lincoln aud about two
years since removed to Mddlebury and became
largely engaged in the manufacture Of lumber The
father of the resp0ndents wife and also her uucl5
resided a Lincoln. hey ,"re men well kn0Sn in
the county icr ihcr high integrity, and, by
prudence and Guat-t industry hal accumulated u
reasonable competency, anf were doubtless dispOs-
ed 80 far as they SAFELY could TO assist the respon-
quite number OF notes with him from the early
part of Is? up 10 tho middle Of January ls77. The
Government expects 10 provo that OF the notes
signed by the Goyes exceeded five hundred dollars
The Government also expsc: to show that the note
in question wa originally for SJG0 and that the
same was altered by the respondent, by inserting
sPa'e ieI or%n III" rIght n..i -.tsin
words Ave hundred dollars. The Government will
further show that the mote was discounted by the
national bank Of Brandon for forty five hundred
dollars, and when taken up and returned 10 the res
pond-nt read for that amount and that when re-
turned 10 Daniel Cove, one of the sgners, the word
forty had been torn on, and the cure four at the
top o: the note had been scratched of and the dol.
lar mark placed before the figures $780, so that the
note reau ior $500 as originally si-nei by the
pondent and the two Goyes- Mr.. Woodbridge 10
closing remarked that on behalf OF the Gov ernment
he should not ask for the conviction of the respond
ent, unless he MAS proven to he guilty. personally
hoping that he might be- honestly proven 10 b.
innocent
Mr.. Hard in behalf OF the defence declined to
make any opening presentation, aud the trial COM
menccd by calling ID. {. Bascom 10 the stand, who
testified follows; Direct examination by Mir
Woodbridge: ] was during the year Is!1. cashier
o! the Brandon national bank II was q, ing bust
ness AS a banking Institution At Brandon Vermont:
was cashier about the fitst OF March. Is77 am some
ACQUAINTED with the hand writing OF Mr.. Bstcheld-
er; should think this paper Mas in Batchelderi.
hand writing 1t was discounted a. the Brandon
tank there isa mark upon ii; there is he filing
oi the note and my initials, ID. q. Is (which put
upon the back OF 1t at the last term of court 1t was
discounted Tor Mr. Batcheldcr AMI read for 500,
the word itriy was before the five hundred in the
writing II was subsequently, taken up by Mr..
BAtchelder II was dtlh cred up to him through
the mail think, either through the mail or Per
sOnally, 80 that II was marked cancelled bv me
1t read, when delivered, the same as at the time
when II was discounted. si.5O0. both in hgure- and
in writing Bitehelder received the money on that
1oee to his benefit, or its equiv alent, ii took up
another note believe; this note now read. on
what there is lett OF 1t ior $500 the fi.ures at the
top read ter $500. There has been AN alteration in
tae hgures at the top; 1t appears to have been
Scratched or erased and something written over II
the $500 has been erased and tLe word dollars has
heen put in its place: the hsuTe four has been
erased this note. dated August %, ls7s, for 3d.
IU payable In four months, | should say was
signed by J Ii. Batchelder.D e. Cove and Pelatiah
Cove have seen what supposed to be their -ig-
natures and think from what know Of their wrII-
ing that these are their Signatures; think never
saw their writing accepting these signatures; have
no recollection Of having seen IL any other way:
there were a good many OF Daniel GUvr's, not 50
many OF Pela iah GOye's This note rr 800 dated
March, 1877, should say was Batchelders hand
writing this note dated January /, ISIS, signed
by the three persons before mentioned Tor $3.50
payable in Elk months, also another same date and
amount for seven months. should FAY were the |
same hand WI ting AS the others; these two notes
dated January IS. 1873. for $500, one payable in
five the other In four months, should say are all |
In some hand writing; have been cashier OF the |
Brandon bank siA OF seven years. been somewhat |
accu to 'Jmpsrng and examining hand |
writing.
> o-By the prosecution Will you look II, this |
note have shown you and tell the Jury how the |
dollar mark before the 500 on the mutilated note
compare, with the dollar marks on those notes that
you have examined Ant looks a Il 1t was the 1
same handwriting as the others won't swear to IT,
II ha- the appearance Of the others that s my judy
ment the dollar marks on the papers hsye i
Cross examination by Hard Hays been az
quainted Bsichelder four or i've wears; he com
menced transGcting business in the Brandon bank
three four 20, about fsi latter part of 1873
batchelder at that time resided In Lincoln; his
business was sellinK good- and lumber subsequent
~ dur pg his connection with the bank no Was en-
gased IN the mauuiactuIe OF lumber and had a
grow Ing business, and 5tantly charging It,
engaged In the lumbar sud InercantlIe |
business; wa apparently 10 a successful ami pr1s
porous business or at nrst thou rht so his stand
ing as man OF Integrity was good never heard |
snent .Ssinst H. in the community he was under
stood to be quito a successful man our bank made
very large discounts Tor him. discounted what We
to ho business paper, also paper We
may call accommodation paper, like the noe shown
here at different times he passed at tho bank
very large quantity OF that paper to limit IL to the
acsommoi iation class OipIper his suretleswere Dan
lei Guve and Peatiah Guyo ono or two other name.
we're used once or twice at first never but Ia one or
two Instances Dauiel Cove was always and Pels
tlah Cove except inOne two his suretis
upon ms accommodation paper passed at our
bank think the note upon which this md ietmeut
IS predlcatei was given to retire OF renew some
other paper can't tell what other paper without
The assistance OF the books il was dl scounted on
ID paper. this note IL. &. Is. is entered as being
paid this nm day OF Oct s'J, during the time the
note was IN the bank all the time. think | never
look note In which the figures the body Of tho
note disagreed don't rocOllcct any always look
At the body o! the note, think by the fact that 1
narken II cancelled that ! must have returned It
through the mall, otherwise 1 should have hand
sd II 10 him and lot h IN do what lie was a mind to
with II sometimes sent them by mes enger but as
| rule through the mail this book Is a discount
-eglster and shows whose names were upon tho
paper II wa book introduced there after had
,een there peThapsa yoar don't romembcr " neither
his hook extended back to the commer cement OF
Transactions, these notes dated Janu-
iry %. March I, April 10, May -. July u, Aug.
) and sept. u, 1879, all appear 10 have been dis
'Ounted, excepting One at tho Brandon National
'ank this one Is dated March 10Th these notes
iatod February 2G May I, May - july H. July
Il, September ~, september y, October A. Nov
mbcr L., December : l5;i cover all but tho second
iOte in the bundle and were discounted a. our bank
or Mr.. bntchelder; note dated december Jl-t 1873 |
vas scOunted at bank in the last three cAssos
ire what ara called accommodation notes. tho sign
or dollars on the note u. C. Is. resembles the same
ign on the Sthcrs
Redirect by Woodbridge II that mote u. C. b. In |
+ sign for IT," dollar marx had L"rn the SANE a. IL
: nov when II discounted | think my utt,n. |
ion would have been called TO II to such a degree |
hat should hnSc remembered it the note s i5nO |
vas an accommodation note and was discounted 1t |
'ur bank.
Ibis closed the testimony of Mr Bascom.
MI P.ntuh Cove was next called To the 4tund |
ld was followed by Il. J. Ormsber and /. 81. Iripp
when the stat" rested its case, and Hon b. L. !
lard presented the case for the defence In IA care
al and able manner. Hon. Henry Ballard il en-
aged To assist counsel Tor defence. The defence |
" lar have put on the following witnesses John |
brennan. &. =. Euttcrhcld aud Julius Hill Ih,. |
.stlhony = Important aud very contradictory upon
many lending point. The delrnc,' claim notes |
ign"d IN blank aud tue testimony Is very strong on
his point.
MiDDLEBUEr Dec "a
Pelatiah Gore sworn Re idc- ia Lincoln hsye |
h2"n hT' Stakeholder so!nr Is ycar7 he married ,