Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-09-17
WINDHAM COUNTY COURT.
September Term, 1850.

THE GRAND JURY-CAsEs ron TRIAL.
The September term of this court convened
at Fayetteville on Tuesday, the 14th inst
Present. Hon. W. g. Veazey, presiding
Judge Hon. II. b. Ballou, Hon. A. A. Wy
man, assistant judges.
List OF Jurors.
GrdndJurOrs Brattleboro, F.. w. Brooks;
Dover, John g. Snow Grafton, Lyman Il.
French Guilford, Joel Flagg, ir Halifax,
A. f. Wood Jamaica, Warren Cushing;
Londonderry, James Martin Newfane, j. j.
Green, @. II. Eager Putney, b. l.. Shaw
Rockingham, J. +. Alexander Somerset,
Hollis Town Townshend, I. X. Batchelder
Wardsboro, Spencer Robinson Westminster,
Fenelon Arnold Nottingham, Abram Chase
Wilmington, N. w. Sargent Windham, c.
W. Hastings.
Pett Jurors Athens, Geo. Smith Brat
tleboro L. G.. Bliss, Geo. II. Clark G. A.
Boyden L. p. Miller Brookline, II. NJ.
Whitney Dummerston, Augustine Laugh
ton; Grafton s. Baldwin Guilford, j. NJ.
Houghton Halifax, F. II. Niles Jamaica,
Geo Kellogg Londonderry, A. L. Peabody
Marlboro, y. II. Whitney Newfane, Luke
o. Morse Putney, Ira Hayward Rocking
ham, G. S. Stowell, L. E. Howard, S. II.
Randall Stratton, Edwin Circuit; Towns
bend, H. II. Holbrook Vernon, l.. Brown;
Wardsboro, Herbert +. Kidder Westmin-
ster, Alex. Atcherson Nottingham, Joseph
b. Chase Wilmington, L. A. Fitch Wind
ham, S. G. Woodburn.
Judge Veazey charged the Grand Jury as
follows.
Judge Vearey's Charge 90 the Grand
Jury.
Gentlemen If the GrdHd J,iyy Il doubt
- Al
in the past has Taught many of you what du-
ties pertain to your Office. In general terms,
it is to inquire into the crimes that have been
committed in this county, that have neither
been prosecuted nor got beyond your reach by
the running of the statute of limitations. A
reference to the General Statutes will readily
settle any question of this kind. The States
Attorney will call your attention to such vio-
lations of the criminal law as have come to
his knowledge; and others may do the same.
And if any of your number know of crimes
having been committed that are not com
planned of, it would he your duty to investi-
gate and present such persons as you are sat
isfed ought to be presented, without refer
ence to the complaints of Others Your oath
says, that you will diligently inquire and true
presentment make of all such matters and
things as shall come to your knowledge. Tho
people here and elsewhere in the State look
to YOU us the tribunal, to see to it that Grim
inal violators Of law in this county arc pre-
scented for trial, that those who are found
guilty may be punished. The public good
demands vigorous enforcement of the law
without it, every interest and every indiyidu-
al suffers. A community where crime goes
unpublished is ntolerable for honest men.
They soon abandon it. Property would lose
its value, industries would die out. The OBJ
ject of government, which is protection to
person and property, would be lost. Your
duties, therefore, are of the greatest import
ance and of the highest order.
My attention has not been especially called
to any particular violation Of the criminal law
in this county that is, no individual has re-
quested me to instruct you in reference to
any special matters therefore, ordinarily |
should only indulge in some general instruc-
tons But it is a matter of common knowl-
edge that, since the last term of this court, it
has become known that series of crimes
have been committed in your midst in con
nection with one of your banks that in mag
nitude, in hagrancy, IN moral turpitude,
eclipses almost anything Of the kind in this
State or any other. l hoped when l came
here l should have an opportunity to be
specially informed about this matter, so l
could aid you in special instructions about it.
But have MS yet received no information, and
hl hubH IN Nht kthtIhl itpblt bhhBliB
from that it is a matter that merits your care
full investigation. According TO this general
report these crimes belong to that class which
tend more than any others TO undermine and
deadcn the moral sense of the community
and to destroy public confidence. II is said
there have been fOrgeries and defalcations
and other frauds that have swept away thous-
Rnds upon thousands of dollars including not
only the substance of the Accommodations of
=. l...s n
the poorer class, and even the last mite of the
widow and orphan, and that this has been
done by a man of high station, and enjoying
an unusual degree of the public confidence.
Crimes sometimes come in such way and
with such magnitude and force as to daze the
public and to deter effort towards its punish
ment. People lie down under it and let the
perpetrators 90 without effort to bring them
to justice. This is very dangerous condi-
ton. | trust that such is not the failing
here. If the crimes perpetrated here are of
the character and magnitude indicated by
common reports, no effort or expense should
be spared to bring the perpetrator to punish
ment. The State of Vermont cannot afford
not TO have the guilty parties found and pun
ishod if it can be done. At any rate, let the
records of this court show, and the commun-
ity see, that no official connected with it has
been delinquent in his duty in this respect.
doubt not that the States Attorney has that
special knowledge about this matter which /
lack, and can readily guide you in any inves-
legations it may become your duty to make
In your inquiries into these and all other Of
lenses, you should carefully remember the
terms of your oath-that you will present no
man for envy, hatred or malice neither will
you leave any person unpresented for love,
fear, favor, affection or hope of reward but
you will present things truly, as they come to
your knowledge, TO the best of your under
standing, according to the laws of this State
These terms cannot be made palmer by en-
largement. They indicate your duty and the
spirit in which it should be performed-a
spirit of fearlessness and independcnce-an
that it should be performed with care and
caution that no wrong be done to any man.
You hear but one side of case. You have
nothing to do with the defence. You should
therefore be careful and not present a man
unless you are reasonably satisfied of his
guilt, and that the case made out before
you, will, unexplained, produce conviction
before traverse jury, according to the rule
of evidence which pertains in a criminal pro-
ceedng, with which you are doubtless famil-
lar, and If not, the States Attorney will eX-
plain it to you. When twelve of you concur
in presenting man, you will return q true
bill' of indictment If at least twelve do not
concur i'll any case you will return the bill
not found" The foreman will have power
to swear all witnesses testifying before you.
There is one other important provision in
your oath, and that is, that you shall keep
secret whatever is said and done before you.
This means that you shall say nothing about
it during your sittngs or hereafter. You
should not disclose who appeared before you,
or anything that any witness or any other
person may say. Your lips should be for
ever sealed to anything that transpiros in
your presence, or that you caused to be done.
Such is your oath. There are some special
duties imposed upon you by the Statute, in
respect TO assessments, &C, of school taxes,
disposition and use of the United States de-
post money, examination of the county jail,
&C. A reference to the Statutes will readily
show you all there is of such matters. You
will regulate your own sittings You doubt