Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1880-01-07

report. was the last case tried by jury, aud
the jurors last Thursday morning were
dismissed for the term, having been in
service for'y-lo1r days, the longest period
since the September term Of 1873. when
the memorable liquor prosecution took
place. The term came to an end last
Saturday afternoon.
The EdlyS and Lancaster case resulted
in a verdict OF acquil,al, although seven Of
the Jurors ut first balloted for conviction
in the ease Of the father, Joseph + Idly.
But after deliberating all night. on Thurs
day morning they agreed to lean to mer-
cy's side and let him of The respond
ents were acquitted, not so much because
the Jury were convinced of their innocence,
us because the prosecution failed 10 make
out their ease beyond probable doubt. If
our law, like the Scottish, allowed of Il
verdict of mot proven" it would have
exactly fitted this case. The tracks were
not worked up" rs they should have
heen by the amateur detectives who took
the case in hand, and Messrs. Plumley
and Shurtlef, although they presented
their case with great ability, could not
quite connect the respondents with the
crime. Mcssrs. Heath x Carleton. George
II. Fisk and John II. Senter defended,
and it is needless to say that all the miss
| ng links in the governments chain Of
evidence were exposed by them and that
no stone was left unturned to throw doubt
upon the state proof.
: At meetings Of the bar held Wednesday
and Thursday afternoons, the new rules of
practice, recommended by the Vermont
bar association were adopted and the fol-
| lowing gentlemen were chosen to be a
committee TO draw mp resolutions in men,
DRY of the late Governor Peck and TO re-
port them to the court at the ensuing
March term: II N. Homer w. Heaton,
! chairman; joseph A. Wing, Esq, Hon.
Paul Dillingham;, Hon. Heman Carpenter,
5. c. ShurIeif, E.q. The new rules are
| Il great improvement on the old in many
respects. They will tend to expedite bus.
mess and TO shorten the trials. 1t is ex-
pected that they will be adopted by all the
county courts and thus Il uniform set of
rules will be observed throughout the
state, very desirable condition. The
county court before its adjournment form
ally adopted them rs its rules and ordered
the clerk to hive suitable number OF
copies printed.
The law docket'contained at the eNpira
ton Of the term 52O entries, and the
chancery docket 1l3. Twenty-four cases
were tried by jury, seventeen civil cases
and the rest criminal, rs follows;
William A. Boutelle vs.. Westchester
Fire Insurance Company. Verdict for
plaintiff, $lS0.lG and costs; exceptions
allowed execution stayed and cause passed
TO supreme court. Sidney o. Wells and
J. A Dewing vs.. Pioneer Manufacturing
Company. Verdict for defendent; ex-
certions allowed, execution stayed and
cause pissed to the supreme court. Mat
,hew ID. Willard vs.. james A. Coburn
Verdict for plainU1 for S2J.42 and costs
Judgment on verdict. Farmers Mutual
insurance Company vs., Dan Wells Ner-
diet for plaintiff for $3.50 and costs; ex-
:eptions allowed, execution stayed and
cause passed 10 supreme court. George
". Parmenter vs.. Sherman Caswell |
Verdict for plaintiff for 80 and costs |
exceptions allowed, execution stayed and
cause pissed TO supreme court. Theron
D. Bailey and Isaac NJ. Trip, admin.tra-
tors of the estate of George r. Chapman, |
vs.. Vermont Mutual Life Insurance Com
pany. Verdict for plaintiff for S2,l39 81
md costs; motion in arrest of Judgment !
lied, execution stayed and cause pissed |
to supreme court. Abbie G, Sleeper VS.. .,
E w. Howe Verdict for plaintiff for
3ll.SS and costs; judgment on verdict.
Kate Rivers V. Town OF Montpelier. YER
lict for defendent; Judgment on verdict.
T. j. Dewitt vs.. Columbus j. Lovejoy |
Verdict for defendant: exceptions allowed |
execution stayed and cause passed to
supreme court, II. s. 'Thresher vs.. Lucius
md Richard Smith. Verdict for plaintiff |
for SlOS and costs; judgment on verdict
md close jill certificate granted. Town |
Of Fayston VS.. Town of Duxbury. YER |
iict Tor defendent; exceptions allowed,
execution stayed and cause passed to
IS. Ransom Dickry ct ais. Verdict for
plaintiff for $22650 and costs; exceptions
allowed, execution stayed and cause passed |
to supreme court. Mark Heath vs.. Dam
iel Kmbal. Verdict for plaintiff for
S32 % and costs; judgment on verdict
Frank p. Page vs.. Lucius w. Scott. Ver-
dict for plaintiff for 81 and costs; judg- |
ment on verdict. Loren d. Trow VS.. |
Town of Peacham. Verdict for defendant;
Judgment on verdict. Homer d. Camp |
vs.. n. +. Averi}I. Disagreement of the
Jury and cause continued. National Bank |
Of Barre vs.. Town of Montpelier Verdict
for plaintiff for $l46.Sl and costs; eXcep.
lions allowed, execution STAYED and cause |
passed 70 supreme court. State vs.. F. {. |
Fish and John Tibbetts. Verdict of guilty. |
and Joint fine of $50 and costs. State |
vs.. Frank II. Blscom. Disagreement of |
jury and cause continued. State vs. Mark |
French. Disagreement Of the jury and
cause conisued. State VS.. Horace War
rem. Verde, Of acqIittnl. State vs.. Royal |
Carr. Verdict OF murder in the first
degree, exceptions allowed, execution stay
ed and cause passed to supreme court.
State vs.. Charles \. Blly and PhilanIer
Searlcs. Verdict Of guilty rs to Blay, and
Of acquittal rs to Searles. State vs.. joseph
Eddy, JOAN L Idly and John Lancaster.
Verdict of acquiltal as to all.
The following sentences Were prunounc.
ed this term: Edgar II. Van DeQsen, the
young man who robbed the Warren post
Office last summer eighteen months in the
house of correction. John Moriarty, of
Mortified, plea Of guilty Of assault and
battery, 10 pay Il fine Of So and costs.
George EIinkley, Of Marshfeld, indicted
for IN attemp, to commit rape upon his
daughter, plea Of gniliy OF simple assault,
to pay fine of So and costs. Charles \.
Bluy, Of Tunbrdge, convicted OF larceny
Of carpenters tools worth more than seven
dollars, the property of James NJ Hoy
land, of Montpelier, from Il box stall on
the Prospect Park fair grounds during the
soldiers reunion last August, to two years
in the house OF correction. John &.
lIoughton alias Glycerine Jack, of Bur
lington, plea of guilty of passing counter
terleit fifty dollar bill. to five years in the
house of correction, (two other indictments
for the same offence not to be brought
forwarD. Mark Daniels. Ct Woodbury..
plea of guilty of stealing horse from
Samuel Daniels, ut Woodbury., to three
years ia the house Of correction. Josiah
Seaver Of WailsIieli, plea of guilty OF
burning the house and barns of Z. S |
Bisbee,at Moretown on the 22d of October,
1879, to twenty-five years in the state
g