Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-02-27

". ID.
GEO. Z. JOHNSON, Deputy Ciert.
| b. +. FITTED District Attorney.
| J. $. PECK. assistant District .Itiori.y.
NM. W. HENRY, NI,.hdl.
Tuesday, Feb "A.
/ The February term of the United States
Court opened at 10 O'Clock this morning,
Judge II. II, Wheeler presiding. After the
calling of the docket proclamation was made
for petit jury as follows:
Burlington Fay. Wm. Perry. C.
y. Mead, ii. ID. Jones.
Colchester-B. II. Porter j. F. Day, Jere-
miah Harrington, Ebenzer Wolcott.
Shelburn-Robert Elliot. Gurdin Smith,
r. J. White, Z. S. Rowley
Jericho-H. G. Booth Guy Chambers.
John Pcrcival, Jesse Gloyd.
Essex-H. q. Gates, Joshua Whitcomb,
5. c. Booth, Ira Abbey.
Williston-O. II. Wright. c. W Pniian,
II : Johnson 6 w L~@e..,~
Richmond-H. l.. Sayles, t. s. Balcli, r.
VI. Conant.
The first case taken up was tina, of the
American Diamond Rock Boring Company
VS.. The Sutherland Falls Marble Company,
in chancery, on a motion to dissolve the in.
junction in favor of orator. &. +. Blake
of New York and L. r. Hard for orator :;
Mr.. Rice of New York and l.. j. Phelps for
defendant.
AFTERNOON Session.
Disposition was made of indictments for
violation of the United States revenue laws
as follows William Scoiield, pleaded guilty
and was fined 800 and costs; Lorenzo
Miner, same, 800 without COSTS a +.
Holmes, same, $50 without costs Frank
| Willis and Charles Sumner committed to
Marshal's custody and bail cxonerated; VIII
liam Moulton, having been surrendered gave
new bail in $500 Hubert Wilson, commit
ted TO Marshals custody.
The remainder of the afternoon was taken
up in hearing motions in vafions cases.
Tomorrow the case of Bean VS.. Beckwith
and Henry will be taken up. the court conf
mencng its session at 10 O'Clock
"WEDNESDAY, Feb. 2j.
The first case taken up to-day will he that
of Andrew J. Bean Va. Daniel \. Bcckwith
and Gilman Henry. This case. from the
large amount of damages sued for, the long
acrimonious contest over it in the courts and
the nice legal points involved, has become
widely famous. The facts in brief are rs
follows: Gilman Henry Of Woodstock, one
of the defendants in the present action, was,
| during the war, United States Provost
| Marshal The plaintiff Bean WAS Il substitute
| broker. In 1864 he and some persons asso-
ciated with him received from another broker
| eight hundred dollars for two substitutes, who
soon deserted from the army. Bean was
suspected of melting the substitutes TO this
act, and on the 11th of November. 1864. he
was arrested on the cars, near Wells River,
| VT, by tho defendant Beckwitl, acting I'M
| der Honry's instructions, and taken TO the
| States prison ut Windsor, where he was de-
tanned some six months. In April, 1865, he
was released on bail by justice of the peace
the grand jury having refused TO find L bill
against HIM. Bean then instituted Il suit
against Beckwith and Henry for false i'm
prisonment, claiming large damages.
The defence set up was the Act of March
81, 1863 relating TO the writ
| of habeas corpus the Act of March ,, 1867,
declaring valid certain proclamaiions and or
ders Of the President of the United States /;
and that after Beans release facts had come
to the knowledge Of defendants which would
have justified the arrest On trial in the cir
cult Court plaintiff was awarded Si5,0
but the Government (Which is Of course the
real defcndani) appealed the case 10 the Su-
| promo Court of tho United Gtat.s, and thai
| court ordered Il new trial on account of tn
exclusion by the Circuit Court of certain d.
positions offered by defendants in mitigation
! of damages
L J. Phelps for plaintiff; h. +. Fiiield
| for defendants.
THURSDAY, Feb. 26.
The case OF Bean vs. Bcckwith and Henry
was commenced yesterday morning. Plain
tiff was the first witness and was on the stand
all day. An exceedingly sharp cross-cxam-
ination was conducted by Charles n. Daven-
port, who appears with Dstrict-Attorney
| Fificld for the defence.
Frank Willis, Charles Summer and Hubert
Wilson, for violation Of the United States
revenue laws, were each sentenced 10 fine
of 800 and GO days confinement in Orange
county Jail