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Noah Smith, Esq. was appointed State's attorney within and for the county of Cumberland, pro tempore.
Freemen of Vermont versus Nathan Stone. Noah Smith, States' attorney within and for said county, exhibited complaint against Nathan Stone of Windsor, in said county, that said Stone did, on or about the 15th of March, last past, at Windsor aforesaid, utter and publish, in the hearing of many good and faithful subjects of this State, these reproachful and scandalous words of the authority, to wit ;God damn you (meaning the high sheriff of said county, John Benjamin, Esq.) and your Governor, (meaning his Excellency the Governor of this State) and your Council (meaning the Honorable Council of this State ;) which opprobrious language was a violation of the law of the land ;-as per complaint on file, dated 26th May, 1779.
The said Nathan Stone being brought before this court, plead guilty to said information and put himself upon the court.
Whereupon said court gave judgment that the said Stone pay a fine of . . . £20 0 L. M. to the Treasurer of this State, and cost of prosecution taxed at 2 12 L. M.
£22 12-judgment settled.
At a superior court holden at Rutland, in the county of Bennington, on the 2d Thursday of June, A. D. 1779. Present :-Moses Robinson, Esq. Chief Judge,
John THROOP, NATHANIEL CHIPMAN, Esq. was appointed attorney at law, sworn and licenced to plead at the bar within the State.
Noah Smith, Esq. was appointed States' attorney within and for the county of Bennington.
Freemen of Vermont versus Hilkiah Grout. Noah Smith, States' attorney within and for said county, exhibited complaint that Hilkiah Grout, of Weathersfield, in the county of Cumberland, was guilty of conspiracy and treasonable conduct against the State, in that he came to Shrewsbury, on or about the 17th of February, last past, and did then and there assume the authority of a justice of the peace, and take upon himself to administer oaths to several persons, not being properly authorised or commissioned to do the same ;-all which wicked conduct was a flagrant violation of the law of the land ;-as per complaint on file, dated the 10th of June, 1779.
The said Hilkiah Grout being brought before the court, plead not guilty to the complaint, and put himself upon the country.
The jury empannelled and sworn by said court were who returned their verdict that said Grout was guilty of the crime whereof he stood complained of.
* Here follows, in the record, the names of the jurors which, for the sake of brevity, we have omitted.
Whereupon the court sentenced said Grout to pay a fine of £120 00 to the Treasurer of this State, and cost of prosecution taxed at 61 14
Execution granted June 12th, 1779.
- - versus -- , of Pollett, in said county, exhibited a petition to said court, setting forth that Phæba, heretofore his lawful wife, had been taken in adultery, in the very act,-therein praying for a bill of divorce, as the law directs.
The Court having heard the evidence, and fully considered the cause, are of opinion that the petition and allegations therein contained are proved-and therefore gave judgment that said have granted him a bill of divorce, in the following words, viz:
By virtue of authority granted to this superior court, grounded on the sure and unerring word of God, we have thought fit, in consequence of Phæba, heretofore your lawful wedded wife, being taken in adultery, with - to divorce and release you the said from the said Phæba ; and do hereby release you from that most sacred obligation contained in the marriage covenant, and from all and singular the effect or effects thereof, and separate you the said from the said Phoba in every respect wherein the marriage covenant had joined you, and each of you, together-You are, therefore no more one, but twain. What the laws of God and man have put asunder, let no man join together.
In witness whereof we have caused the clerk of this our superior court to sign our bill, and affix the seal of our court, at &c.
At a superior court holden at Bennington in the county of Bennington, on the first day of July, 1779. Present :-Moses Robinson, Esg. Chief Judge.
John FASSETT, Esq's. side Judges of the same.
JEREMIAH CLARK, Noah Smith, States' attorney within and for said county, exhibited information to said court, that - - - - , and
all of Claridon in said county, had, some time between the first and twentieth of May, last past, been guilty of harboring and concealing
and -5 , formerly of said Claridon, who had before gone and joined the open enemies of this, and the United States; all which was a violation of law and contrary to the form of a statute law of this State ;-as per information on file may appear.
The delinquents being brought into court, and put to plead, pleads not guilty, but — — and
plead guilty, and put themselves upon the court for trial.- The court having heard the evidence and fully considered the cause, gave judgment that said delinquents are guilty, and that said delinquents pay a fine of £1000 pounds each, to the Treasurer of this state, and cost of prosecution, taxed at £164 : 8, and stand committed 'til judgment be satisfied.
At a Superior Court holden at Bennington, on the third Tuesday of November, 1779.
Present:-Moses ROBINSON, Esg. Chief Judge.
James Mead versus Lemuel White. The said Lemuel White obtained, by act of the Assembly, a rehearing in a cause before determined at a special court holden at Tinmouth, in said county, wherein said James Mead had obtained a judgment convicting him of felony in stealing a certain watch—as per complaint, judge ment, &c. on file, may be seen. The cause being called, said White an. peared and plead that at the former court, the jury first brought him in not guilty, whereby he was forever acquitted by the law of the land from any damages that could accrue to any one by reason of the complaint :nevertheless, the judge ordered said jury to return to a second consideration of their verdict, contrary to the laws of the land, and the rights of Englishmen ;-by which unlawful means he was convicted of felony. He therefore prayed the court to reverse the former judgment, and restore him to his damages and cost :-to which said Mead replied ; and the parties being at issue on the point, the court having heard the cause, are of opinion that the said White's plea is sufficient, and therefore gave judgment that the former judgment be reversed and set aside, and the said White be restored to his damages assessed by said court at $53 12 0 and cost of suit, taxed by court at - - - - 55 56
At a Special Superior Court bolden at Bennington, by order of the Chief Judge, on Friday, the 28th day of July, A. D. 1780.
Present :-Moses ROBINSON, Esq. Chief Judge.
John Fassett, Esq. )
Jonas Fay, Esq. )
Freemen versus Noah Smith, States' attorney, within and for said county, exhibited complaint to said court, that
was knowing to
's endeavoring to join the enemies of this and the United States, on or about the first of July, 1780, and did conceal the same:-and did also, on or about the time aforesaid, use his influence to persuade and induce the said
and others to join and comfort and assist the enemies of this and the United States; as per complaint on file may fully appear.
The said being brought before the bar of said court, and called upon to plead to said information, plead not guilty, and thereof put himself upon the country. The jury empannelled and sworn, according to law, to try said cause, were as follows –
- ; which said jury having returned the following verdict that the said — was guilty of the facts charged against him in said complaint;—whereupon the court did award and sentence the said that he pay a fine of £1200, lawful money, to the Treasurer of the State, and to be committed to goal, there to be held in close confinement for the term of two months from the date hereof and pay cost of prosecution, taxed at $79: 8, and execution go forth accordingly.
At a Superior Court holden by adjournment in Bennington, on the third Tuesday of August, A. D. 1780.
Present :-Moses Robinson, Esq. Chief Judge.
John FASSETT, Esq; Side Judges.
JEREMIAH CLARK, Esq. S
Freemen versus Stephen R. Bradley, States' attorney pro tem. within and for said county, exhibited complaint to said court that
of Shaftsbury, in said county, not having the fear of God before his eyes, but being actuated by the devil, in violation of the obligation he was under to the State, and endeavoring to subvert government, did defame the authority, magistrates and judges,* endeavoring to bring the same into contempt, and was guilty of spreading false news, &c.t and other atrocious crimes against the State has been guilty of, against the peace and dignity of the freemen thereof;-as per complaint on file may more fully appear.
The said ----- being brought before the bar of said court, and called upon to read to said information, plead not guilty, and for trial put him. self upo. the country :-. The jury empannelled and sworn to try said cause, according to law, were as follows, viz; - , which jury returned the following verdict-having found the said delinquent guilty of the facts charged in said complaint, brought him in guilty.
Whereupon, the court did award and sentence the said to pay a fine of £1200 to the Treasurer of this State, and be disfranchised.
At a Superior Court holden at Bennington, on the fourth Tuesday of August, 1781.
Present:-Moses Robinson, Esq. Chief Judge.
JOHN FASSETT, Esq.
John THROOP, Esq. )
Freemen versus The grand jurors within and for the county of Bennington, exhibited an indictment to the superior court that
of Pittstown in the county of Bennington, did, at Pittstown, in the county aforesaid, on or about the last day of July, 1781, traiterously know that certain persons, then at open war with this, and the United States, were lurking about in the woods, and among the houses of disaffected persons, &c.; as per indictment on file may more fully appear. The said
being brought before said court and called upon to plead to said indictment, plead no guilty, and for trial put himself on the country. The jury empannelled ar sworn to try said cause, were as follows, viz:- , which said jury yea turned the following verdict,--that the said
was guilty of the facts charged against him in said indictment; whereupon the court gave sentence that the said pay a fine of L30, lawful money, and be imprisoned six months.
* Sue act for tlie punishment of defamation, page 382. + See act for the punishment of lying, page 34,9. * See act in addition to an act against high treason, page 413.
At a Special Superior Court, holden at Westminster, in the county of Windham, on Thursday the 12th day of September, A. D. 1782.
Present :-Moses ROBINSON, Esq. Chief Judge.
Jonas Fay, Esg.
Paul SPOONER, Esq.)
Freemen versus Jos. Peck. The grand jurors from the body of the county of Windham exhibited an indictment to the court, that Jos. Peck of Guilford in the county of Windham, not being a continental officer, did, after the first day of September 1779, viz, on the first day of July last, accept and hold a military office, not derived from the authority of this State,* viz: the office of captain in the militia in the town of Guilford, under the authority of NewYork; as per indictment on file may more fully appear.
The said Jos. Peck being called to the bar and being put to plead, plead not guilty, and for trial, put himself on the country. The jury being empannelled and sworn, returned the following verdict, viz: that the said Peck was not guilty ;-whereupon the court gave judgment that the said Peck pay cost of prosecution, and stand committed until judgment be complied with.
PROCLAMATION OF PARDON.
By His ExcELLENCY THOMAS CHITTENDEN, Esquire, Governor, Captain-General, and Commander in Chief in and over the
State of Vermont :
WHEREAS, sundry persons, inhabitants of this State, forgetting that reat tie of allegiance that ought to bind every subject to a faithful obeience to that power which protects life, liberty and fortune, being instiSted, partly from their own mistaken notions of government, not considcling that all power originates from the people, whose voice is the voice of God, and building on a false hypothesis, that a public acknowledgment of the powers of the earth is essential to the existence of a distinct, separate State ; but more especially deceived and led on by certain persons ordained of old to condemnation, who have crept in rivily, to spy out and overthrow the liberty of Vermont, purchased at the dearest rate,
* See act to prevent persons from exercising authority, &c. page 389.
See act in alteration of an act concerning delinquents, page 423.