Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1883-03-02
UNITED STATES COURT.
Opening Of the February Term.

this city on Tuesday, February eth, Hon.
Iloyt II. Wheeler presiding b. B. Small.
} ley, clerk; Kittredge llaskins, District At
torney; w. W. Henry, Marshal.
There was large attendance Of member.
of the bar. Among the prominent LAWYERS
present from out OF town we noticed Hon
w. c. Dunton and Col A. f. Walker Of
Rutland, John Young, Esq, of Newport
William Ratchcld6r, Esq, of Newport, Hon.
ii. s. Royce Of st. Adams, ii. G. 1dc of st.
Johnsbury, p. Chamberlin of Bradford. G.
A. Davis of Windsor
The calling of the docket showed but few
cases ready for trial, and the term bios fair
TO be a short and uncventful one.
On motion of District Attorney llaskins,
+. NJ. Butler of Rutland was admitted TO
practice in this court.
In the Steam stone cutter cases, William
Balchelder asked for continuance, on the
ground that the principal points involved
were now before the Supreme Court on ap.
peal that neither Mr. Phelps nor Mr.. Evarts
Of defendants counsel could be present at
this term. After argument continuance
| was granted until the May term.
| In the case of John O'Ncil, a liquor dealer
OF Whitehall, who was arrested in this State
on the charge of selling intoxicating liquors
and who claims that his case ought to be
heard in this court under the Fourteenth
amendment to the Constitution Of the United
States, a motion to quash was entered but
at the request of ONei's counsel, the case
was put over for day on account Of the alb
scnce of one of his lawyers. +. NJ. Butler
appeared for O'Neil and Daniel Roberts and
w. G. Dunton against him.
The petit jury was then called as fol
lows:
Burlington-H. X. Weaver, Guy N. Will
lard, F. A McWilliams, William Amber
son.
Colchcster--A. ]. Merrill, F. ]. Dunbar,
f, w. Macrae, S. b. Cary.
Sheburn-E. 5. Rowley, w. A. Weed,
NJ. Quinlan, Homer Irish.
Jericho-Isaac G. Stone, Byron Day, Frank
Pease.
Essex-H. j. Buell. H. B. Brigham, W.
j. Beach, j. X. Warner.
Willston-W. b. Douglass, NJ NJ. TalcUtt,
j. d. Isham, ]. II. Bushnell.
Richmond-J. w. Saylcs, f. b. Gilcit, f.
j. Goodrich.
No case being ready, the jury was excused
until O'Clock p. IN.
The case of Bradley Fertilizer company
vs., Hiram \. Cutting was, after some legal
sparring, continued until next term of court
The remainder of the session was occu.
pied with hearing on some legal points in
the case of Albert Hale VS. Continental Life
insurance company G. A. Davis for plain
till j. W. Porter for defendant
Afternoon Session.
At the opening of court the jury was ex-
cused for the day
The session was occupied with hearing
IN one of the interminablc Steam stone cutter
cases, A. +. Walker and w. c. Dunton,
counsel.
This now venerable litigation grew GU, of
the infringement on a stone cutting machine
patented by G.. j. Wardwcll of Rutland by
+. & Limson Of Windsor and the Windsor
Manufacturing Company, who sold their
infringing machines to IA large number of
quairymen. SO aged is the controversy that
the original Wardwell patents have all ex-
PRED, the last one having run out n year ago,
while the litigation appears to be still in the
vlgor of youth. In the present case, Shell |
dons x Slason of Rutland were sometime
ago onjoined from using four of the machines
which they had purchased and the hearing
at the present time was on motion offered
by eX.Judrc Dunton to dissolve the ipjunc-
ton. Decision reserved.
Hearing In the Famous O'NeII Case.
WEDNESDAY, Feb. %.
No case being ready for the jury, the pan
ell was excused until o o'clock tomorrow
morning
The O'Neil case was then taken up. The |
facts in this somewhat celebrated case are
briefly as follows: John O'Neil is n whole
sale liquor dealer of Whitehall. n. Y. AT
ter the Rutland saloons were closed men sent |
to Whitehall by telegraph or letter for liquor
and the orders were filled and sent G. O. ID. |
on the evening train, which gained the name |
OF the jug lrain." Friday and Saturday be-
fore Christmas 1870 jugs were seized and con-
fscated, the express company, however,
the liquor and appealing from the
judgment, and promising to carry the case to
the supreme court. Meanwhile ONcil was
arrested while in Vermont on complaint of
selling in Vermont as witness and his trial
was prolonged for number of days about
2OO witnesses having been examined and 300
more to come. On February 9th, before the
close of the hearing before the justice, the
respondent presented petition, asking that
the case be removed to the United States
Court, claiming that lie was denied fair
trial and equal rights under the l4th amend
ment 10 the United States constitution, by
reason OF the prejudice created against him
by newspaper articles and otherwise and
alleging that Grand Juror Cain, Ii. w. Love
and others had conspired to convict him of
liquor selling because he was citizen of
Whitehall. The petition gave many other
reasons for the removal and charges mscon-
duct on the part of the court and was
brought under section Gal, United States
statutes. Decision was reserved by the JUS
tlce, aud the case continued one week. AT
the expiration Of that time the justice was
served with a writ of certfordri signed by b. |
b. Smallcy, the clerk of the United States
circuit court, commanding the justice to GER
tfy and send copies TO that court of the re-
cord and all petitions, motions, proceedings, |
etc, in the O'Neil case, so that the circuit |
court can decide whether O'Nei is being
denied justice and whether the prosecution |
can be removed to the United States courts |
The justice of course complied with the writ |
The case now comes before this court ON
motion TO remand it 10 the Justices court at
Rutland. Hon. w. &, Dunton of Rutland
and Hon. Daniel Roberts appeared for the
motion and +. NJ. Butler of Rutland and
Hon. f. II. Hard and Hon. A. G. Stafford
against it.
Mr. Hard asked for continuance, on.the
ground of insuticicncy of notice from oppos-
ing counsel and of their ncglec; TO alc the
papers in the case
After long argument, Mr., Iard's motion
was denied.
The opening argument was then made by
Mr.. Dunton. After reading some of the vol
luminous papers in the case, he said TIE ques-
lion is whether O'Neil has been deprived of
his equal civil rights under the Fourteenth
Amendment OF the Constitution of the
United States. He claimed that the cause
should he rcmanded because the petition for
removal had not been filed before the trial be-
gan, as required by law; and because the
case did not come within the purview of tine
civil rights bill That.bil relates to State
statutes discriminating against certain classes
OF people, and not to personal and private