The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-10-01
The MalOney Trial.

The case of the State of Vermont as. M. j.
Maloney was tried last week at Orleans
county court and resulted in a verdict of
guilty on all three counts in the indict-
ment.' The Indictment was returned at this
term by the grand jury, and, as intimated,
contained three counts. The first charged
the respondent with wilfully libeling Chief
Judge Homer f. Royce, by accusing him of
bribery. The second count charged the
respondent with libel in accusing the said
Homer E. Royce of the crime of adultery
and of visiting houses of ill-fame at such
hours of the night as left no doubt of his
lecherous and unlawful purpose. The third
count was similar to the first, but charged
that the respondent had accused the chief
Judge of accepting brides as presiding Judge
of the county court, and of rendering unfair
and partial rulings as such The respon-
dent was arrested on Monday, September
Sth, and on the 9th was brought to Iras-
burgh, and he gave bail. The states attor-
ney, G. 4. PPIrouty,, ESD, set the case for
trial on the Odd of September. On that date
the respondent appeared for trial. The
reading of the indictment to the respondent
was waived, and plea of " not guilty was
entered, Mr.. Prouty, the states attorney,
asked that before the jury should be i'm
paneled the respondents counsel be or
dered to file specifications of what they
expected to prove, under their plea of justi-
tication that they would give in evidence
the truth of the alleged libel. This motion
was made in order that the state might have
an opportunity to know what they were ex-
pected to meet. An opinion by Chief JUS
tice Shaw in a precisely similar case in
Massachusetts was cited, in which it was
laid down that the prosecuting officer was
entitled to such a bill of specifications, and
Judge Powers sustained the motion, and
ordered a bill of specifications Respon-
dents counsel said they would have it ready
by the after-dinner session When the court
went in at two o'clock a bill of specitica-
tons was filed. This was in fact copy of
the defendants plea in the civil action for
libel pending in Franklin county, and set
forth substantially the same matters. The
impaneling of the jury then commenced and
occupied nearly two hours. Each juror was
polled and examined in chief, and rigidly
crOss-eXamined, as to his knowledge of the
parties and of the questions at issue. Coun-
sci on both sides expressed themselves as
entirely satisfied with the jury The jury
We're then sworn with the criminal oath.
Mr.. Prouty offered in evidence copy of the
Richford Gazette of May 18th, last, the issue
containing the alleged libelous matter. Re
spondent's counsel objected to the admis-
sion of this, and said that the article did not
come up to the allegation in the indictment,
therefore it was not admissible by reason of
variance. This objection was overruled,
and exception taken by respondents coun-
sci. Before offering the copy, the state in
troduced witness, John Young of New
port, member of the law firm of Edwards,
Dickerman & Young. He testified to the
fact as to Maloney being editor of the Ga
zette, and as to his having subscribed for
that paper at its Office, paying his subscrip-
ton to Mr. Maloney, with whom he had
conversation at the time. In view of the
claim made by the respondents counsel that
they did not mean in the libelous article TO
charge what was set up in the indictment,
and their further claim that the article was
not susceptible of such construction, the
state offered more recent copy of the Ga
zette containing, without comment, a short
article from the Montpelier WATcHMAS &
JOURNAL which the state claimed Maloney,
by re-printing, adopted as true under
standing by Others of the purport of the ar
ticle in the Gazette. This was excluded.
Mr.. Prouty stated that the next morning
the editor of the WATChMAS would be in
attendance, and would be offered as wit
ness in this direction. With the reservation
to use Mr.. Prescott the next morning, the
state rested
The respondents counsel were Messrs.
w. ID. Wilson. A. A. Hall, Willard Earring
ton, Jonathan Post, A. G. Stafford and ii. C.