Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1885-09-28
THE RUMSELLER IN THE
COURTS.

1890
years, is a genial man, a first-class
hotel keeper, and aside from his do
ings in rum, good citizen. While
in this town, afterwards at Newport,
and again while here, he had the gen
eral reputation of being bad liquor
seller. Complaints, suits and trouble
arose every now and then to his dis
grace, and to the annoyance of the
in which he did business.
He had been up before the county
grand jury and his case had been run
along in county court until it was al
lowed to peter out. 1t may be
said that Spalding has had the as
sistance of counsel who have been
well aware of his continued viola
ton of the laws of the state, and that
during his recent trial men who had
previously brought him before the
courts, and the lobby influence, not
specially noted for temperance pro-
clivities, were actively interested
in his behalf. The case on which he
was tried was on the complaint of
two young men of this village, one of
whom had been habitual customer
at his bar, the other an occasional
patron. On a certain occasion, while
Mr.. Spalding was under the influence
of liquor a quarrel arose and
these men entered a complaint to
grand juror Bartlett, and Mr.. Spal-
ding was brought before Justice
Guild of Barton Landing. The first
trial resulted in non agreement by
the jury; the second In finding the
respondent guilty of nearly thirty Of
lenses. 1t took several days to try
the case, and very large number of
unwilling witnesses were examined.
O. H. Austin and B. F. d. Carpenter
appeared for the State, F. W. Bald
win and w. w. Miles for the re-
spondent. 1t may be stated here
that in the instance of the first trial,
the respondent counsel offered to
plead several ''first offenses." "First
offense," as is we'll known, is only q
matter of dollars and cents, fine of
ten dollars for each proof of violation
of the law; while q second offense
subjects the guilty party to in prison
ment. The case went to county court
on appeal, and after having been
''put by from term to term on re-
quest of Spalding, it came up for tri-
al week before last. Previous to the
trial a great effort was made to COM
promise the matter by the payment
of money, so that the thing might be
hushed up and Mr.. Spalding might
return home. The friends of the law,
and those who felt that a conviction
of this man would be great victory,
so far as the enforcement of the law
is concerned, did not consent to have
the matter dropped. States Attor-
ney Prouty, to his credit be it SAID,
was ready to do faithful duty and did
so. The case came to trial and Mr..
Prouty, assisted by Judge Austin,
appeared for the state. F. W. Bald
win, w. w. Miles and L. H. Thomp-
son for the respondent. The jury
were divided, but brought in a YER
dict of guilty of one ''second Of
Tense" 1t was a compromise ver-
dict, for twenty-five offenses were just
as clearly proven as one. The case
was sharply tried, and the defence
resorted to every means to shield the
man, known to be guilty. from the eff
fects of the law. The strategy of re.
sorting to sharp technical and lega
points was used with the hope thai
some ''points" might be found thai
would bring the case back for new
trial from the supreme court. An APP
peal to that court was taken.
Since the proceedings against Mr.
Spalding were instituted there has
been great attempt on the part O.
some 10 create sympathy for him, anC
to bring into disrespect those wht
made complaint against him; whll
the grand juror, justice, counsel ant
others who had to do with the prose
cution have been ridiculed, blamed
and berated, by the rum element, 0
course, and by certain parties win
have made pretenslons to be temper
ance men. SO far as rum-selling
concerned, the case was an eXtremel
aggravated one it was not the bring
ING before the court of man who fO
the first time had committed, a Grim
against the laws; it was not poor
lawless man who hoped TO work O
liquor to make a dollar, possibly
feed a hungry family; it was not b
a man ignorant of the laws, but
was a series of crimes repeated ever
day in full knowledge of consequen,
es, and in bold defiance of the Law
1t was business most nefarious
, nature, done for profit with no I,
} spect for the laws, or regard for IL
!, injury it was doing communit,
{ In the expectation that willy counse
soft footed officers of the law, ant
prohibition jurymen and sympathi
ing courts would so deal with tn
| kind of criminal as to make his e
/ cape from prison probable and b
i fines light, the man pursued it year
y and year out, and is without dout
s pursuing it to-day. Not with al
i vindictive feeling, not to punish
n | no rt icular indIuidnnl q Q N indiuid IL.