Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1904-01-07
NEW TRIAL GRANTED
Judge Wheeler's Decision in Will.
son Clement Case.
says Plaintiff Did Not Have Trial by
Jury ns Nearly Impartial as COuIK
Dc ana should Have Been
Obtained.

a new trial has been granted in tho
case W Samuel D. Wilson vs. T. W. Glenn
cru ny Judge IL. II. " neel.r OF the United
otates courts. word to thar eject having
ne"n received Thursday by George II.
Juhnson. clerk of tn. r,ltcd States courts.
Inc case was tried during the October
iVfn or court at Rutland. During the
trial the plaintiff's counsel, NJ l.. Powell.
Was informed that H. i. lluett, one of
me J'lGrS, was svmpa thizcr with the
defendant. ana that he acted as a politi-
cal lieutenant for Mr.. Clement during the
campaign tor the sovernorship TWO years
hto. The matter was brought before the
court at that time but as the juror lived
at ~ distance ana Il motion for his dis
ciiitrge could not he scasonably prepared.
artlrn Nhlu ii was postponed by direction
OF Ia. court
Inc trial uf the case occupied several
Gays. the result being Il verdict for the
uvicidant. soon after the completion of
me trial motion for a new trial WAS fled
on the grounds that Juror Hulett had act
eu as Mr.. tlcme ut'S lieutenant and ON the
ground that John Man khan. another jury
man, was station agent for the Rutland
railroad the defendant being former presi-
dent and at tho time Of the trial Il dircc-
tor Of the road
IN his opinion on tho case Judge Wheeler
held the connection Hulett had with Mir
Clement was a more potent factor for Il
new trial than the fact that Markham
was station agent for the Rutland road.
lie said Markham's connection might not
alone lie worthy of serious consideration
upon the motion Tor Il new trial but had
his relation been known previous To the
,rial 1t would probably have prevented his
sitting and that it heightened the objec-
ton to the verdict. He considered the ac-
tons of the other juror much graVcr. In
closing Judge Wheeler SAYS:
1.-THE theory IF "A trial bV illrV is trial
BY impartial jurors free from any special
prejudice or situation which might incline
them substantially more to one party van
10 the other. such bias often exists IN
consciously. but if SO it may he equally
dangerous to fair, impartial and fearless
cnnsideratio of the evidence upon issue
tn be tried.
'ln this view tn" plaintiff does not seem
to have had such a trial as he was en-
ttled In 10y jury as nearly impartial as
COULD be. and ought to have been, OBJ
taineJ
1T Is sad that the trial having pro-
ceedcd after this objection was so dis
covered IL was waived. Rut it was pro-
cceded with at tina, time in view Of the
circumstances as to what il might or
might not amount to under direction Of
th1 court by compliance with which none
OF the rights of the parties would he
waived
''rhereiore. tho case is considered now
- it would have been then. if the motion
10 set aside the verdict on this ground
could have been prepared and present cd
'ren, a. 1t has been now Motion grant
ed"
The trial of this case at Rutland at
tricted wide attention because of the cir
cumstalrccs surrounding it, 1t was an 40
ton for Islander. the damages sued for be
Ing S'U09O. 1T was charged that Mr. lem
ent called the plaintiff a murderer and
SAID that he murdered Edward G;oshcu at
White River junction. Goshc;. WAS shot
while Wllso1 was employed at White
River Junction 10y the States attorney Of
Windsor county aS Il detective to secure
evidence against liquor sellers Wilson
was acquitted by a jury Of the murder Of
Coshea. at that time hc acquired the
name o: "Spottor" which stili ,lings to
HIM.
The case will lac tried At the February
term of court, in this city