The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1892-09-14
Washington County Court.

The September term commenced yester-
day morning, Chief Judge Jonathan Ross
presiding. Rev. Mr.. Lewis offered PRAYER
Judge Ross then ordered the grand and
petit juries called. He delivered an able
charge to the petit jurors, calling attention
to the several provisions of the oath taken
by jurors. If men on the panels would only
keep in mind these provisions of the OATH
their duty as jurymen would be well and
truly performed. He cautioned the Jurors
not to hear any case talked about during
the term If any person approached Juror
accidentally or designedly to talk about
any case, it was the duty of that Juror
to notify such person of the fact that the
former was juryman and if after that
the person insisted upon talking about a
case, it would be the duty of the juryman to
notify the court and such action would be
taken as would make an example of the
offender. Judge Ross urged upon the
jurors to observe that part of the oath as
required secrecy on their part. This obliga-
tion rested on the jurors at all times, unless
it should at any time be removed by an
order OF the court. Jurors should not
when trying case, make any expression
of opinion among themselves even, but
keep their minds clear and unprejudced
until all the case was submitted and the
jury had retired to their room. If they did
not desire the officer in charge of them to
be present during their deliberations they
could ask the Othcer to retire.
The grand jury was then empanelled,
sworn and charged. Judge Ross called at
tentlon to the remarks made to the petit
jury as stated above as to the importance
of observing sacredly the provisions of the
oath. The grand jury should, where it was
proper, let the local prosecutors or states
attorney institute proceedings coming
within their province, unless the grand
jury were of opinion that those officials
would not properly perform their duty. In
such case the grand jury should them
selves act in the matter. Referring to the
prohibitory law, his Honor said "There
are some classes of cases L ought to call
your attention to more particularly, among
them the violation of the law prohibiting
the sale of Intoxicating liquor. That falls
within what | have said in general, and yet
II is noteworthy that in some towns the
local authorities have been unable to, or
have not, prosecuted the matter diligently.
IL is your duty to present by Indictment
unless you are satisfied the states attorney
will do it by information. Such offenders
should be presented for prosecution. The
law on this subject has been on our statute
books some forty years, and whatever indi-
vidual opinion may be about it, it must be en-
forced. The legislature has at times made
the law more stringent, but that is no
reason why it should not be rigidly en-
forced. If views are held that the law is
too stringent, that may be reason for ac-
tion before the legislature, but it is our
duty to execute the law as we find it; the
oath we take demands this at our hands
See to it that no guilty party escapes
prosecution. Whatever may be said
of the policy of the law, enough
could be said in favor of that policy, pro-
hihiting the unlawful traffic in Intoxicating
liquor. The poverty engendered by its un-
due use, and the crime brought about by it,
might be urged as sufficient to warrant a
stringent enforcement of this law But that
is not what should control your action so
much as the fact that here is your oath that
you have taken, and the duty imposed upon
you by that oath. That duty requires that
this law be enforced just as it exists on our
statute book. When you act in accordance
with the manifest spirit and purpose Of that
law, and enforce it, under your oath, with
out fear or favor, you are doing your duty
as jurors" Il. j. Lance was appointed
foreman of the grand jury.
The calendar was then called. OF the
twenty-seven cases set for trial by Jury
only five were left for trial. None of these
being in readiness, the jurors were excused
until nine A. M, Wednesday; meantime the
afternoon was occupied in calling the docket,
hearing of motions for continuance, etc.