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Alexandria, Virginia
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The U.S. Circuit Court in Vermont held a special session starting last Thursday to try Frederick, Job, and John Hoxie for high treason. Frederick was acquitted after a jury trial; charges against the others were dropped via nolle prosequi.
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The court were occupied in impanneling the jury and other preparatory business, till Saturday evening. On Monday morning. Frederick Hoxie was called to the bar, and a number of witnesses, were examined on the part of the government; when the counsel for the prisoner stated, that they had several witnesses, but should decline taking up the time of the court in their examination, as they conceived it wholly unnecessary. Col. Harrington, hon. Samuel Hitchcock and Daniel Farrand, esq'rs spoke in behalf of the prisoner; and the district attorney made the closing plea.
Judge Livingston then rose, and in a clear, concise, energetic and profoundly eloquent address to the jury, expounded the law, and defined the crime of treason; and in the course of which, he cited many precedents: comprising the opinions of the most distinguished judges in England and America, in which opinions the court perfectly coincided, to show, that no single act in opposition to, or in evasion of a law, however violent or flagrant, where the object is private gain, can be construed into LEVYING WAR AGAINST THE UNITED STATES the offence set up in the indictment. The jury retired about half past eleven o'clock, at night, and in a few moments returned with their verdict NOT GUILTY.
On Tuesday morning the district attorney entered a nolle prosequi on the other indictments, and the court adjourned without day.
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Where did it happen?
Domestic News Details
Primary Location
Vermont
Event Date
Last Thursday
Key Persons
Outcome
frederick hoxie acquitted by jury verdict of not guilty; nolle prosequi entered on indictments against job and john hoxie
Event Details
Special session of U.S. Circuit Court for trial of Hoxie brothers on high treason charges. Jury impaneled; witnesses examined for government; defense declined witnesses. Speeches by defense counsel and district attorney. Judge Livingston charged jury on law of treason, emphasizing no single act for private gain constitutes levying war. Jury returned not guilty verdict for Frederick Hoxie. Other indictments dropped.