Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-01-15


merry ct ais. This was also a petition to
fOreclOse mortgage which with the inter-
/ est amounted to 81 800. The defence Is
that the mortgage notes sought to be fore
/ closed had been paid. Ii Is conceded by
/ the orator that sufficient money had
/ been paid him to satisfy the mortgage
notes, but he claims to have held
other notes against the mortgager
not secured by mortgage amounting
to about 81 .000. The payments were
applied by the orator upon the unsecured
notes instead Of the mortgage notes as the
mortgages intended and thus the mortgage
was left in full force. The principal ques-
ton raised is as TO the right of appropria-
| ton OF payments as between the parties.
l.. +. Wilbur and f j. Phelps, attorneys
ior the orator; \. V. Spaulding and f. X.
Hard, attorneys for the Defendants.
SATURDAY. Jan. .
The case Of Early v. Fiannery was con
cluded at noon yesterday.
The next was 3 hearing on petition for
a writ Of haheas corpas--in re Sarah Red
mond The facts in this case are briefly
these The child in question was taken on
the l9,h OF February, 1872. to the Proyi-
dence Orphan Asylum and Hospital. a cor
pJration in this city, at the request OF the
mother who wls at the time in jail On nc-
count Of her inability to pay the fine in.
posed upon her for the sale of liquor
The child was Subsequently given to
Mrs. LOUIS B0regard, Of St Adams,
under the expectation. at the time, that
the mother, beng unable TO care for the in
FAINT. would give her consent TO tic LEGAL
adoption of the little girl by the family to
whom she was given. During tie present
year the mother has become able to support
the child, and now desires - have her re-
turned to her, and this claim Is resisted by
Mr.. and Mrs. BJregard, who have come to
consider her as almost their own VIM. G..
Shaw appears as attorney for the corpora
ton, Henry Ballard for the mother. and l..
l.. Lawrence for the parties with whom the
child Is living.
The case Of State V. William II. Deavitt
was next heard This Eas prosecution in -
stituted by Grand Juror Of this
city, under the liquor law, ana came
to this court on the in-ulheiency Of
the complaint, especially upon the point Of
the want Of testimony showing what had
produced tho condition Of the respondent at
the time of his violation OF the statute and
the absence of sufficient proof showing that
be had committed any crime. K. II. Start
tor respondent, States Attorney Hewitt
for the State.
state Is Martin IIanley. 4 prosecution
for breach Of the public peace On d COM
plant of City Grand Juror. Exceptions
were takenzhy the respondents counsel 70
the failure Of the prosecution 10 comply
with all the provisions Of the statute T. II
Start for the respondent II. ). Peek for
the State.
VIM q. Shaw, assignee OF Crane &
Stacy y. John NJ. Dyer. This was an ac-
ton OF general assump~it brought hy the
ass -neo-under the bankrupt aw-to re-
cover 500. claimed to have been loaned hy
Crane Stacy, As partners, 10 the dc
ienlant
The delen!aa, -iaiuei that agreeable t1au
arrangement made between det't andCrane.
he bad returned the amount Of the loan by
express. The court below found that there
was no entry of the sending OF receiving the
package in question on the books OF the
/ express company, and adjudged that there
was no understanding that said none =
should be 50 returned and at deiondar :
risk. To which ruling the defendant ex-
ccqtod. II. II. Talc1tt 10y the D.aintif. J. .
II Start for defendant.
MONDAY, Jan. n.
At the opening Of the court on saturday
morning, Ills Honor Judge Barrett deliver
/ ed The opinion of the cour; in the matter o'
/ the application for writ of hGiras corpus
Tor the possession Of the child Sarah Red
m1nd, granting 10 the 7elator the custody
oft the child. In the course o. the option
HIS Honor remarked that the advice ot the
court would certainly be q leave the child
where She wa. that MR. Ec,rrs,srI l.i
COMMENDED herself ,rreatIv - tIe c..5rr
ard tint If only the fat,ire vsoIf,-e If ~,
little g,rl was to he considered .he should
be allowed 70 continue her rressrt r,i1ti.,-,.
% the child and that the c,urt r7-r,t; ,
that il was their official dirty nnIer he l.x
| IN retprn the child IN he- ,,.-lc- \,
order was therefore entered :, are ~,
custodv Of the child :, -bo c.,,,ors.;c,,
which took the place of the ,n..,hcr a. f,-
as il. le,al rirbts were concerned ,,- fss
nurno-e Of enabling il IN rS.,i...- +. r., ,ac
mother
{. ". Xaaihor.e et ais IS. tIec,ty of
Burlington. vas then heard. Til. va. d
petition Ora writ M csrti1rari f., err,ifI
the procselio,-- If me c9B,,ry ,.,irr IN
| REGARD IN certain sewer a.s,s-,,-rt- M, 81
leae stree; and rrayir, Hat III, .,,ne
mIsbt he onasbeJ nv, The ,,,o,.rd If cr-o- n
.be friin'r of m, .,,,l,,issio7or- D.. ,i,,-,
The case va, -ele--55 II II T.lcot- f5r
pcrif,1-sr.. r II San f,r H., NV
\. ~, =. Cl,ri.. p,,s-,il ,.-.,,,. jo.l
the hearings. Tss was a petition IN
? ,aaudamns :, comncl the audit;ne
If certain accounts of nrti.ioner Tho ca.T
involved the question as IL how the cn-t- of
prosecution and the costs o. supporting
l,rraf,ts arc IN he maid wbctLor bv M
town wnore tho prosecution is had Or by
tbe SAFE F iiari and p n s.,rt n,
reri,;orer Cba-,rs Ri arl I'M,
R,bert- for defendant
The onini.ns Of ;bs ..,,-r in lie scr,ra-
-. ~, ti.. .,,i,,f5~.t 49,. 80 -.
- AZ tto oncri,, of Tho c,n-, II, ~.
5ifernGon Tbe wcre as f,linws
Ncaucbann - I,inc i1lgmcnt If tbl
come b1am eint8 l' re ,'cr' ~ AMI 'i
;nJgme,t orIered ,,r defendant Oo;r,nr
Nv .InJse Rovce
,,i,;ntifT rers-.ei nrJ -, ,r'n,,ioj -
lbe Cannty Cnnrt c IN nc,g tria Oainiar
h., IT, p -
y G"-JeD - Ctoyo ard Wob.,cr J,5c.
ro U~ oJ ,,,,J =, Cnt,
-. So 49, ,r;,i 0-';.,, Ly, Jdt3
= 80 ava
S,err. ,,j-c,ys a,l Baldwin J,d,.
mont - rho dscs,de,,t reyerscd and c.,,s', r.
men oi ' 0n nGIioI v jgc R"re,t .
Tnderwooi - Rircbnrd and p,gc .I,dr
pcnt Dro f,,ua for defendant. AFFIRMED
Ooinian nv Jnd~e Wbeeler
State ~ Reynolds Fvcent;ons of RI,
srordent o1errnIrd and irdJment for III,
,tonaIty Ahmed On;rion Inv .InJ,e Rnr
rctt
orcrTnIsd iaaIment far nenaIv affirmed
Opinion by Judge Redfeld.
state vs. Martin iiahieY- hAesp'ioh
@ 0eininn h. Lido Ia -reti
Wm. G.. Shaw. assignee for Crane an,
Stacy v. John NJ. Dyer Judgment to-
P mini AIM ''ou' 'Pi''i'" .
" p.,, I'll. i,d,,n,,,, g.. Ia
Dro" ne. ", '"''''s, ~, - pa
lenIeh' "il'"'eu' 's''''io" " 'uuS0 1''u
hesu- Ill. ...r.,,,..;..,
oLatG 1891, c ,or,i,i, a..
oSerISieu "nI Ii55i,n 49, az