Page:The Green Bag (1889–1914), Volume 06.pdf/36

 The Supreme Court of Vermont.

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were called justices. The powers given the court, and, on appeal, two in the Supreme Supreme Court, in the act creating it, were, Court, a review being permitted in both that the judges " shall have cognizance of courts. The judges of the Superior Court all pleas of the State, criminal actions and had been elected annually in October, and causes, and whatsoever relates to the conser the act creating the Supreme Court pro vation of the peace and punishment of vided that the judges should be elected by offenders, whether the same be brought in the Legislature at the same time, by ballot. to said court by appeal or by any original At the first election in October, 1782, Moses process, according to law, and also of civil Robinson was elected Chief Judge, and Paul causes or actions be

Spooner, John Fastween party and par set, Jr., and Jonas ty, and between this Fay were elected as sistants; they were State and any of its then serving as judg subjects,whether they do concern the realty es in the Superior Court. JohnThroop, and relate to any right of freehold who was then serving and inheritance, or as one of the Supe whether the same do rior Court judges, concern the person was omitted, and Pe alty and relate to ter Olcott elected matters of debt, con fourth assistant. Our tract, damage or per judicial system was sonal injury, and also derived, substantial all mixed actions ly, from Connecticut, which concern both and in that colony realty and personalty the judges were not brought before them permitted to give their opinion to the by appeal, review, writ of error, or in jury, in the first in any legal way what stance, even in mat ters of law; and soever." The county PETER OLCOTT. when the jury had courts were given ju returned a verdict, risdiction of all crim inal matters of every name and nature, ex each judge advised them in favor of or cept of such offences as were cognizable against the verdict, as was agreeable to his individual opinion, and the views of a ma only in the Supreme Court. The jurisdic jority of the judges prevailed. I infer that tion, therefore, of the county court was sub stantially the same as that of the Supreme this was the custom in the early days of Vermont; the jury decided all questions, Court. The latter was given appellate juris with the advice of the judges upon ques diction of matters in the county courts. It is evident that the greater part of the tions of law; the duty of the Court seems litigation for many years was in the Supreme to have been to preserve order in the court Court. Writs of error could be brought room and see that the parties had fair in that court only. As the law stood at play, or, as it was sometimes termed, that first, in causes brought in the county court, they " were on an evener." This may have four jury trials might be had, two in that been the reason why so many of the early