The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1890-01-09
Bennington County Court.
Hon. j. NJ. Tyler, Presiding Judge; Hon. F. L.
Bowen. Hon. w. X. Dean. assistant judges: Ed
ward j. Hall, clerk A. j. Pike, sheriff Chas
S. Chase, sbenographer.

Hon. j. M Tyler. Presiding Judge; Hon. F. L.
Bowen, Hon. ". r. Dean, assistant judges Ed
ward j. Hall, clerk A. j. Pike, sheriff Chas.
S, Chase, stenographer.
The jury in the case of State VS. Jas.
Hanlon, the Dorset criminal assault
case, found the respondent guilty.
Sentence was suspended awaiting the
action of the Supreme court in Feb
ruary.
Byron U. Roberts was brought into
court at the opening of the afternoon
session Friday, and after listening to
statements by Mr.. w, B. Sheldon and
Mr.. ]. L Martin, counsel for Roberts,
and S ates Attorney Barber for the State
Judge Tyler pronounced the sentence of
the court in the TO lowing language:
at is very sad duty that the court
has to perform in pronouncing sentence
upon a man, that implisons him, de-
prives him of his liberty. You have
had a very full and fair uial upon the
indictment you have been defended by
able counsel, who have spared no effort
in your behalf The result of the trial
ia, the jury has found you not guilty Of
the CRIME charged in the Indictment
but gully of the lesser crime of man.
laughter. This Louis Valdez bad u
right to his life, and by your act that
life was taken away. 1t is a fearful
thing to take human life under any
circumstances. and when it is taken
without justitiable cause it ia a terrible
crime. 1t seems TO the court n marka
Bile that If Valdez made IN assault upon
you with an uplift, d ex, IA you have
testified, that you and Henry Bent,
strong men that you were, or even you
alone, wi h this long pole ~ your hands.
could not have brushed that man aside,
or disarmed him, or in some way
avoid d taking his life The Jury have
found The act urju1titiab'e; not that
y,u did 1t with malice; net that you
took his life with Fermentation but
hat you took il without justification
We have considered all that has been
said in your behalf by counsel, and We
deplore the necessity of such a sentence
as we feel it our duty to impose, consid
ering your health, and the means you
would have of usefulness in life if you
had your liberty, but it is a duty that
we have to perform. and after careful
consideration, and in view of the fact
tina: you have been confined in the
county jail year. we have agreed upon
this sentence. The sentence of the
court is that you be confined at hard
labor in the State prison at Windsor in
the county of Windsor, for the period OF
nineteen years, the term to commence
on the date Of your commitment
In the case of Nelson y. Wilcox Va S.
r. Wilcox, the court ordered that tn,
defendant make his account as guardian
OF Plaintiff, and the case was passed !
the supreme court on exception.
Various motions and hearings were had
IN many cases. and the business finished,
Saturday forenoon, the court ad
jDurned without day.
This is the Hon. j, NJ. Tyler's first
term of court in this county as presiding
judge, and the courteous and able man
ner in which he has conducted the bust
ness of the term, which has been one of
great interest by reason of the many
criminal and other important trials, has
won universal appreciation from all who
have been connected with it. HIS
statements of the law in his various
charges to the jury have been spoken of
by the members of the bar as models oil
correct and clear cut legal reasoning, ss
all will readily concede who have read
his charge IN the Bent and Roberts muir
der case, which was printed in full in
our columns.