Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-03-05

HON. HOYT II. WHEELER, Judge.
Il. b. SMAILEy, Clerk.
GEO. +. JOHNSON, Deputy clerk
Is. f. FIfIELD, District Attorney.
j. $. PECK, assistant District attorney.
WV. w HENRY. Marshal.
FRIDAY, Feb. 81.
The case of Bean vs. Bcckwith and Henry
progresses slowly. Yesterday morning plain
tiif's examination was concluded and his
counsel presented but one more witness,
Hon. George Howe of Brattleboro, who was
United States District Attorney at the time
of Beams arrest and incarceration. Nolumin-
Gus depositions were then read by both
sides. In the afternoon the principal wit
ness was the defendant Henry, whose eX-
animation was long and exhaustive. The
case will probably occupy to-day and to-
morrow, and perhaps day or two next week.
SATURDAY, Feb. 2S.
Testimony in Bean vs.. Beckwith and
Henry was closed at 3 o'clock. Mr.. Fitield
then filed plea in bar, based on the Act of
1868, and submitted motion that the court
instruct the jury 10 return verdict for de
PENDANTS, claiming that even if their acts had
been what the plaintiff claimed. they were
justified by the Act cited. There is a
war Act, and it is commended by plaintiff to
be unconstitutional. The point was argued
at great length ly Mr.. Fitield and Mr.. Phelps,
the arguments not having been concluded at
the adjournment of court.
The jurors not sitting in this case were
discharged yesterday.
SATURDAY AFTERNOON.
Argument was continued this morning on
Mr. Ftield's special plea in bar, based on the
Act of 1868, MIR. Davenport opening and Mr..
Phelps following, while Mr. Fifeld closed
this afternoon.
Mr. Fificld concluded at 3 o'clock. The
Court reserved its decision on the point, and
the arguments before the jury commenced,
Gov Dale opening for the plaintiff.
MONDAY, March /.
AT the opening of court at II o'clock, this
morning, Mr.. Davenport commenced the ar
gument for the defence in Bean vs.. Beck
with and Henry and was still speaking at the
moment of gong to press.
TUESDAY, March 2.
Mr. Davenport closed at o'clock and
was followed by Mr.. Fiield. Mr.. Phelps
makes the final argument for the plaintiff
this morning.
William Doran, the ST. Adams bankrupt,
who has for some time past languished in
Jail in this city. was discharged on his own
recogniZance
On motion of Daniel Roberts, William H.
Hare was admitted to practice IN this court.
TUESDAY AFTERNOON.
Mr.. Phelps commenced his argument this
morning and at the moment of writing was
still speaking.
John c. Burke of Albany was admitted TO
practice in this court.
WEDNESDAY, March ).
Mr.. Phelps closed his argument in Bean
VS.. Beckwith and Henry at o'clock yester-
day afternoon and Judge Wheeler at once
began his charge 10 the jury, which he will
finish this morning.
JUDGE wHEEIEE's CHARGE,
briefly epitomized. is somewhat as follows
He first considered the question of the con-
stitutionality of the Act of Congress Of 1868,
known as the Consumption Act. For the
purposes of this case he affirmed its consti-
nationality. Several cases in which this Act
was involved had been brought before the
Supreme Court, but the point raised in the
present case has never been decided by that
Court. After long and exhaustive review
Of the cases referred TO, and having reached
the conclusion above stated, Judge Wheeler
announced as the questions to be considered
by the jury the following
l. Whether Bean was rightfully or wrong
" arrested, did his offence come within the
terms of the Act of 1868.
,. Whether defendants had probable cause
to suppose Bean guilty of the offence
charged.
g. Whether by false reports TO their COM
handing officer defendants caused plaintiff
10 be kept in State Prison. being innocent.
AS TO the damages, if the jury find for
pa ntiir he may be awarded damages for de
tention in prison, for the breaking up of his
business by that detention, for the money he
paid for board. etc; and he may also be
given exemplary damages for the disgrace,
the anguish, etc.
WEDNESDAY AFTERNOON.
The jury took the case of Bean VS.. Beck
with and Henry at 8 O'Clock this morning.
At , o'clock this afternoon they came in and
reported that they were unable TO agree.
They were sent back by the court, after brief
and at the moment of writing
were still out.
THURSDAY, March 5.
The jury came IN a, 4 o'clock yesterday
afternoon and again at $50 reporting dis
agreement. and were sent back by the court.
Court was then adjourned until . O'Clock
thlS morning. i lie business OF Inc term.
aside from this case. WAS nnisncu yestrruny
by hearings in number of bankruptcy and
other eases, of no general interest.
THURSDAY, 10 Il. III.
The jury came in at . o'clock and were
sent back and came in again at 9:30, when
they represented to the court the utter
of coming TO Engagement, and
they were thercupOn discharged.
Court then adjourned, to sit at Rutland on
Tuesday, April 9th.