The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-07-29
BOASTS COUNTY COURT
Mr.. Bond Also Takes a Crack at The
Banner.

who is one of the leading and most
respected citizens of Bennington
county and was formerly one of the
county judges has written a letter to
the Wilmington Times in which he
distributes some hot criticism
straight OFF the bat. Mr.. Bonds let
ter is as follows:
Searsburg. VT, July 20. 1911.
will you kindly give me space in
your paper to discuss some matters
OF criminal procedure that have re-
Gently occurred in Bennington coun-
ty ! wish first to say that | have
been one of the grand jurors at Man
chester for five or six times in the
last twenty years, and although
found them to be men of dignity and
fairness and always in full accord
with the duties that called them to-
gether, | will say that never sat
with a grand jury that more thorough
~ and honestly tried to reach the
true merits of every case brought be-
fore them than the one convened at
the late June term.
"As all the matters which wish to
discuss have been heard, tried, and
verdicts given | believe | shall not
exceed my rights as a citizen in
discussing these matters although |
reveal some of the testimony given
before the grand jury. In the first
place | fail to see the necessity of
converting a grand jury in Benning-
ton county or in fact any other coun-
~, for my experience has been that
almost, if not quite a majority of the
true bills found in the last twenty
years have been lost sight Of and
never brought 10 trial Whether this
results from a lack of confidence in
| the petit jurors or whether a closer
scanning of the evidence by the
prosecuting officer and courts con-
yinces them that conviction cannot
be secured, am not able TO say. But
1t is not entirely the fault of Benning
ton county officials that criminals
are not more generally punished.
1T is always announced in open
court that so many true bills are
i found" and so many mot found"
1t is generally very easy for the PEG
pie to Judge what bills are found"
and what bills are mot found" and
the period which passes between
indictment and trial gives ample time
for the use OF money and influence
among the witnesses, as | honestly
believe has been done at the June
term at Manchester. ! refer more
particularly to the Moffit- Dupls case
in which case an old man over sixty
years old, weighing one hundred and
thirty-two pounds, with a deformed
hand, was knocked down and kill
ed by a blow, the brutality and force
OF which has never been equalled by
Jim Jeffres or Jack Johnson. The
evidence before the grand jury show
ed that Duplis was the aggressor from
the first, that he struck the first blow
and continued TO strike. and that
Moffit, although he faced Duplis,
made no effort TO strike or defend
himself, in fact did not raise his
hands. but seemed dazed after the
first blow The evidence also show
Ell that the first blow was struck ten
or fifteen feet from the window where
Mofiit received his final injury.
"On the other hand ! am told by
one of the petit jurors who tried the
case. that Duplis was very tender
towards Motif at first, that Motif
struck the first blow. and that Duplis
never left his tracks to attack the
old man. and that Duplis only struck
in self.defense and to save himself
from serious or fatal bodily injury
II so. the blow must have knocked
Motif ten or fifteen feet and over a
bench into the wondow No wonder
he died
Now Mr.. Editor / submit that
some one or more OF these witnesse:
. deliberately perjured himself, or else
the Juror told me a falsehood. have
never considered him that sort OF c
man.
The same witnesses were used be
fore the traverse jury as We're uset
before the grand jury and their eyi
dence should have been the same
z II il was not materially the same there
must have been perjury, and 1t is th'
duty OF the states attorney TO sif
E the matter thoroughly.
Il am free 10 say that do not see
. how the jury could bring in a verde
e Of acquittal under the following facts
, which seem 10 stand undisputed.
First. that Mr.. Motif is dead Sec
o ond. that he died in consequence o
\ a blow inflicted by Fred Duplis. an,
: third. the utter improbability tina
I Fred Duplis was at any time in dan
ger OF serious bodily injury from al
( old decreplt man, and while his tw'
athletic brothers stood immediatel!
al hand. These three facts warrante,
verdict of manslaughter, and
there were extenuating circumstan
ces the judges Of our county cour
could be trusted not to give sever
!. or unusual punishment under Law
5 that permits a penalty ranging any
where from a fine TO from one 4
: twenty years Imprisonment
Y "The verdict virtually makes a ru
y ing in Bennington county that an
h man may kill another man who al
!; tacks him. even though the assault
y has not injured him or left visabl
4 mark on his person. Can we aifor
Is such a ruling in Bennington county
can we lessen crime by protectin
. the criminal? Can We inculcate LAY
abiding principles by giving ovation
10 participants in drunken quarrel
and dances? Shall We make bette
citizens by teaching our childre