The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1885-09-09
Washington County Court.

Court convened at ten o'clock Tuesday
morning, and was opened with prayer by
the Rev. Howard F. Hill. Judge Taft who
is presiding in the place of Judge Powers,
then ordered proclamation to be made by
the sheriff of the opening of court, and for
the several grand and petit jurors to come
forward and answer to their names.
The following grand jurors were sworn
in: G. b. Wood, Barre; Daniel Chandler,
Berlin; Ira f. Haines, Cabot; Asa G. Dut-
ton, Calais; III. o. Ward, DuXbury; Austin
Templeton, East Montpelier; Seth Boyce,
Fayston; George o. Davis, Marshfeld !;
Hiram A. Sawyer, MiddleseX; Joel Foster,
Montpelier George Bulkley, Moretown: j.
Nj. Batchelder, Plainfeld; II. n. Bushnell,
Waitsfeld n, l.. Dickinson, Warren; NJ. G.
Kennedy, Waterbury, talesman, in place of
j. X. Fullerton, excused; S. ID. Blake,
Woodbury.; and Nj. NJ. Harris, Worcester
Judge Taft charged the grand jurors, in
structing them in their duties, and directing
their attention to the various subjects of
their investigation. II. w. Lyford of War
rem and John l.. Tuttle of Montpelier were
grand jury, and George o. Davis of Marsh
field was appointed foreman.
The following named gentlemen were
sworn in as petit jury: G. L.. Currier, E. p,
Olds, Barre; j. A. Burgin, w. A. Leland,
Berlin; G. c. Hatch, John NJ. Stone, Cabot
Duxbury Lucius e. Sanders, Andrew A.
Tracy, East Montpelier; 7. c. McCarty,
Fayston; w. II. Cove, George NJ. Ladd
Marshfeld Seaver Howard, Middlesex; Il
G. Phinney, \. G. Tabor, Montpelier; Bar
nabas Mayo, Russell Sawyer, Moretown
S. p. Orcutt, Henry Jones, Northfed
ID. l. Page, Plainfeld; Alonzo c. Williams
w. |. Sinonds, RoXbury; u. ii. McAllister,
O. S. Joslin, Waitsiield; w. A. Averill, A
Il. Eldredge, Warren; S. f. Stevens, l.. p
Morse, Waterbury; f. G. Putnam, Wood
bury; l. f. Wheeler, Worcester.
In the now famous case of Charles +.
Stevens rs. ID. w. Dudley, which has been
on the docket since 1873, and which has
already been tried three times by jury, re-
sulting twice in disagreement of the jury
and the last time in verdict for the de-
fendant, which verdict was reversed by the
supreme court, for reason of wrong instruc
tions given to the jury by the presiding
Judge, the plaintiff, at the call of the jury
calendar, moved the court for "a struck
jury" under the provisions of No. III of the
acts of 1851 which provides that in cases OF
importance, intricacy or special importance OF
cause pending in court, the court may order
struck Jury" The assistant judges and
the county clerk, acting as commissioners,
shall prepare list of forty-eight persons, Sc.
lected by them whom they deem most in
different between the parties, and best
qualified to try the issue, selected fairly from
among the several towns, and file such list
in the county clerks office within twenty
four hours; that within twenty-four hours
the parties shall meet and alternately strike
from the list twelve names each, and that
the remaining twenty-four shall be sum
moned as special jury, and from that num-
Der shall be empaneled the jury to try the
cause as other juries are empaneled. The
court in this case appointed Monday, Sep
! tember IA, as the day for the jury to he
summoned and for the trial of the case to be-
| gin. This unexpected move on the part OF
| the plaintif in the above case somewhat
unsettled the docket, as il had been
understood by the bar that this case was
surely to he tried and no other case was
ready for trial; so the court dismissed the
| jury from further attendance until this
! "wednesday morning, when ii is expected
| that the case of Nathaniel Perry u.s. Harvey
! Dow will be ready for trial.
The call of the jury calendar disclosed
| that twenty-four cases were expected to be
tried by jury the present term, but it is more
than probable that as the term proceeds
this number will be considerably lessened.
BY reason of business engagements
Judge Powers was not present at the OPEN
ing of the court, but IL is expected that he
will be here next week. Also Sheriff Ather-
ton was absent by reason of the sickness of
his father, and sheriff Tuttle opened court
! in his stead. the bar We're well pleased to
see Sheriff Tuttle around once more even
! if he did have to support himself upon his
crutches. His broken limb is mending fast
! and John will soon be himself again.