Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-03-27
ESSEX COUNTY COURT.
MARCH TERM, 1891.


The VI arch term OF Essex County
Court convened last week Tuesday aud
finally adjourned at noon the follow
lug day. The shortneSs Of the term
may impress the public that little or
nothing j. accomplished in il. But
this is u mistake. Most OF the detailed
work is done 10y Referees. The facts
are carefully stated to the court which
applies the law aud states the results.
The cases are quietly heard in such
manner as To hold out no temptations
10 display. \ thousand and one de-
vices to create sentiment, to play on
public feeling, to create imaginative
! impressions and, as it Is said. to get up
n current. are ali avoided. Our pres,
/ ent system keeps all who have to do
{ with cases close TO their work. Ii
leaves for the court the simple duty of
declaring the legal results of all the
work done during vacation.
! We heard it observed that it was II
| needless expense to summon Il jury
when there WAS no occasion for them.
/ This is n mistake. Whether they do
ANYTHING or not The jIry lisa restraint,
! "A corrective. 70 avoid the jury parties
settle criminals plead guilty and
0uarrtas cease before the face OF "A jury
trial. Under our system juries ure ill.,
dispensable.
The March term was opened with
chief justice Ross presiding and judge
Wallace assistant. The other officers
were G.. +. Benton, clerk ). +. ID. Hale,
! States Attorney G. W. Schon acting
sheriff in the unavoidable absence OF
Sheriff Green, and the usual number
Of deputy sherifS. Many Of Judge
Rosebrook's friends were disappointed
in not meeting him. His attendance
was prevented by Illness.
Judge Ross in his charge to the
Jurors very iuprc>si>ely set forth the
responsibility Of jurors, and took occa'
sion TO impress upon everybody who
had to do with administering or max.
ing laws under our form OF government
the Importance OF their doing their re.
spective duties faithfully ,fearlessly and
honestly. lie thought the greatest ill.,
tiuences tending to weakenand destroy
the efficiency OF our system OF govern
uent and to enCendPr iawlessness ana
to impair confidence in II, were en'
gendered by the loose ard careless
manner in which jurymen and Others
regard their obligations, and especially
those specified in their official oaths.
| 1t was clear aud expressive charge,
especially that portion relating To the
duties Of citizens in such a government
as ours.
Six cases were set on the jury LIST,
but on calling them only one was really
for trial. and that WAS the case Of
Richard Hammond vs. Burnett Adams
an action OF debt upon an instrument
under seal which Hypothetical
piece OF land IN Canada for security
| for specified debt. Both parties lived
in Canada, aud the transaction oc.
Cured more than eight years before the
action. The defendant pleaded the
statute OF limitations among other
pleas. The plaintiff claimed that the
instrument was in its nature Il prom
issOry note twitnessed) and that the
: statute would not run in eight wears
{ The court held that it was not wit.
[ messed promiseory note, and that its
collection was limited 10 eight years
and ordered verdict for defendant.
An interesting discussion was had OF
I law questions arising on the report in
the case OF Charles f.. Benton vs.. Geo
NJ. Stevens, which grew out Of the gale
I of the Did Coos Republican property.
e The questions are too complicated 10
8 be here stated. Several other civil
-, cases were disposed Of.
= John Patrick with N alias pleaded
: guilty of the larceny OF three watches
y and was sentenced to five years in the
Stale prison. This was the prisoner
who undertook to burn his way out OF
jail and was prevented by the re-
y markable presence Of mind of the
Y jailor's wife Mrs. e.. w. SchOf.
=. In the case Of Edith NJ. Hull vs.. Geo
W. Hull bill OF divorce was granted
y for adultery; and in the case OF Dan
j iel NJ. Smith VS.. Elizabeth NJ. Smith
:. their marriage was declared null and
= void for the reason that defendant
y had another husband when the mar.
IS was performed. The case OF State vs.
tiuued. Several other cases OF nc
general or public interest were dis
posed Of.
- There were only twenty new entries
Oh the law docket, and twenty .foul
were disposed OF, leaving on the mex
3 docket only forty cases four less than
X was on the old, and the smallest docket
l. for more than thirty years. The chan
!, Gerry docket remains about the same
;, there Icing but about half II dozer
d cases on it. The celebrated case o
Is Beattie vs. CochranP, Assignee, anC
!. w. W. Fitch was reserved TO he heart
at some future time during vacation.
= The bar is changing very fast; ant
81 so the presence Of Judge Ross. together
with that OF such men as Father
:. Haywood, and John L. Edwards wn,
IL pleasant reminder OF years ago anr
=, contributed much to term which al
= though brief was good working anl
n pleasant term of court.