The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-11-22
NEW SYSTEM NOT
YET MORE SPEEDY
Court Sessions Under New Judiciary
Longer Than Ever but Change Has
Not Yet Had Fair Trial-Cn-
rious Custom at Newfane.

The unusual length of the last April
term of the Windham county court
and the still more excessive length of
the term of court which closed today
has raised the question in the minus
of many as to whether the expecta'
lions of the people relative to the new
Judiciary system of Vermont are 10
be realized says the local correspond
ent of the Springfield Republican IN
a letter dated Nov l6. Previous to
the last session of the legislature
there were seven supreme court
Judges, and a part of their duties con.
sisted in presiding at the sessions OF
county court. The legislature made
the supreme court consist of four
| Judges, and the three remaining
| Judges were dominated superior
| Judges" Three new superior Judg
ships were created, so that the new
judiciary system includes four su-
preme court judges and SIX superior
Judges. To the superior judges was
assigned the duty of presiding at
county court and of assisting the su-
preme court judges when called upon
| it was the expectation that tins new
system would not only expedite the
| transaction of the court business OF
the state, but would not materially
| increase the cost of the judiciary. Be
cause the prediction has not been ful'
filed in either respect has led some to
assert that the change was not an i'm
provement in the judicial system OF
the state. But it is as yet too early
to Judge ON that point. When the
new system was inaugurated the su'
preme court was overworked and the
dockets had become congested. Since
then the superior judges have devoted
part of their time to disposing OF
the old cases and they have heard
some cases which under the old sys
, fem would have been referred to mas
ters, referees or commissioners.
This has heightened the terms and
has increased the cost to the state
but after the old cases have beer
cleaned up and the new system has
had an opportunity to demonstrate it,
merits it ought to prove more satlsfac
tory than the old system, not only tt
+ itigants, but to the lawyers. Be
I, cause a term of court is long and eX
g pensive it does not follow that the I'll
" innate cost is more or that the trans
= action of business and final determln
alton of cases is less expeditions thai
e dnder short and less expensive tern
4 under the old system. Where cast
was referred it frequently was no
n disposed of until after several term
e of court had elapsed and there was
5 corresponding increase in the cost
!. These delays will be largely dom
U away with, the cases under the new
I system being heard by the judges Il
q the first instance and disposed o
early. And even if the cost unde
the new system is greater to the state
the dangers of miscarriages OF justice
at the hands of vest-pocket referees
done away with. While the session o
court which closed today was the long
est in the history of the county, it
great length was due in part to tn
4 Fairbanks murder trial, which wa
). the longest trial of any kind eve
f known in the county, lasting from DC
v tober II to November 8.
. A curious custom has grown up II
e the Windham county court which
h NAV be we'll to mention here. At tn
$ end of the rows of jury seats is an oil
high desk with sloping lid, which i
e occupied by the sheriff. Custom ha
!. decreed that at the opening of cour
h this officer shall provide and place il
e the desk box of peppermints. Dur
n ing the trial of cases spectator,
e he watches closely, will see the law
f yers and deputy sheriffs carelessl,
$ and quietly swing around to this desk
e open the lid and take out few pep
e PERMITS and eat them without at