Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-11-03

The following assignment Of judges was made
by Chief Judge Pcrpolnt, for the year commcnc-
ing December lst 1876
ron SUPREME oorRr.
cmomdcn Wheeler Royce Rclaeld Powers Jan, =
franklin rero'nt M,eeer' n'n' - y ,' 70
Grand Isle '' v,oe,o, ne1oe,g -Ian "a
n,,,,, r'erpont. barrett. Royce Powers Jan. q.
bennington. riorpoint, Royce, Ros', Powers Fob
wInihlm. rcn'oin barrett wheeler row's r' re, ~ ",
windsor r,'Io' " r,,,o ' p,ycs no.. March
v v,'i,...,. p,rre,t. royce Ross. Powers
ramo1ls ............ Wheeler Royce, Rcdheld Ross
orleans Barrett Wheeler, ROY Ho'''
Esscs h','' H'loe' sy',so, 49,
''''.''''
ADDISON and chiitonden
n,,,,,t.J ......... windsor and wlndham.
Wheeler. Rutland and benninelon
Royce, J....... Franklin ana e,"na ls"
n'lu',' s,le1,,,a and r.,e,
80. ........... tamolle and orange
,r..t...t.. .,..,..... ~ ,t., .,,os hoard
,,..t,t.y.r.,.... pt,t, vy,,ds aud Hiram :
go. o,,,.,t.. ~ ,,o,oss ,,,,,,., cl,,,.
III, onlor;,,, and so,rciipo the
.,.,,i,,,. 1,,,I,n., l,,.o m, Tho otl, d,, ,f Nav
49,, ,,no ,i,,, - ,,, aIlooc1 ,rs.,,.s
..,'.',ic LII ,,., .,lo ~ ,i,,mnap
,' 49, ~, n,,,,,,..,or Il, ,.rorer,
49,, ...,.,i ~. ,,., t.l., p,h,r,, ,c.,,,,in, n
m. -, ,,.,,.i..,,,, ~ tit,l,or
-. IA ,.,..,,, .,,,i ,,or,or ~, Tho Gre, floor
,i..nol,,, .,,5 rDoo,s tuo other
r..,i,..,i.i H., ,t., 80, ,o,o,,o,, bo,so zach
...,ot,, .,.,,,,,,.,,. ond zach
a.1 .l,,.i''. IT, o,, ,.,s,o.,,o, NJ tho
.. ,,.. ..,4't r,t. ,o,io,,s,,, h,,,sc .,,s
-, -, w. - A., i...ii,,,,.,,,,,.o ana
~. - w., -. n.,,,,o
,, -, -, ,,...,i.i,.
"".-n was VI" ''' '''''' W., a..
"lu MONROE '''o''s ~ pu''ulus Ju'"'s 0"".r
SAID Nonarse ana pr!elle' on tho ''n OF NAY
| la't the defendant Nilte VINO was tleh Con
stable oil Burlington having Complaint ana
search warrant issued under the liquor Jaw when
complaint was signed ana sworn TO by defendant
Woods and two other legal voters as required ny
the liquor la" went TO the pA'nuh house ana
was admitted INTO ihehou 10y the panuh SWINE
the plaihth himself being absent Nh''e nav
ing explained TO plalniih + WHO tnat hls business
WIS to search Tor liquor belonging to kobarse ana
! lyo'tc' ana That he had warrant Tor that puf-
| pose She told him TO seaIch-which be theeupon
did, hut found no intoxicating liquors. ms en-
torins and searching Is the uespass complained OF,
and the action was brought before Judge Tyler. 81
the city court, and tried by jury June 49, 1874 and
yerdic, FOR defendants The defendants pleaded
said search warrant in Justification The case
came TO The supreme Court on plaintiff oNcep-
tons 10 Judge lylers charge TO the jury
The questions OF law raised ana discussed before
tho court, were as follows The complaint and
search warrant described the premises to be
seai7hed as The store and dwelling houses Of
John Roharse and Alexander Dryctte, situated on
the -outhwe. corner Of Champlaiu aud Monroe
streets u the city Of burlington, and the tenement
house next south OF the same on Champlain street
and ou'-buildngs IL was claimed by the plain
| till, that IBIS dwelling house was not described
with sufficient particularly. that it was not suAi
cicnt Co describe said tenement house as the
tenement house next south Of the dwelling
houses and store of John Eobarge and Alexander
ppotte. and that the particular portion OF To,
tenement house occupied hy the plaintiff should
have been set forth and shat Tor want Of sufficient
description of the promises searched said search
warrant was void, aud no Justification to deicn
dant White. The plaintiff claimed that no iutox
iclting liquors having been found upon the search
aud White having entered aud searched the prcmi
SEES without the plaintiffs permission. the defen
dant Woods under the circumstances of the easel,
liable in trc=pass. that the court should have To-
siructod the jury that, u they found that deien
dant Woods, at the time Of signing and maxim.
oath TO said complaint, had not such information
as would lead q prudent and conscientious man
in good faith, to .elieyc that liquors were kept il
the premises searched, intended for sale CONTRARY
70 law, the warrant and proceedings therein are
NO defence TO defendant Woods and that the Cour
should have nstructedthe jury that, II they foun,
that at the time defendant Woods signed an'
made oath to the complaint Il nothing more wa
u'''' 'h"" ''"ldy wearing to the olnplain'-h III
'n"E 's''"'e signing salu warrant made no lnqnir
''" '"e S''""'' W uelenuan' WOODS peNei O
cue N'.'s sworn 10 VI 'he eonnllaiht-'hen SOAR q
"e'onu"D' Noous Is concerned, the proceeding
WIZ guar anu 'o'u' ana no defence 7" Noou'
i''''''"n i.sgNeui case with Judge Royce. L. IL
sun. LOT pN,lntu H. b''iafu iof defendants
"",'"'" g. "nl'Her 'S' % Y \ 'rospy' eNecu
V'' anu TRUSTEE nus was an "ctoh OF assumpsil
'''"s Ivy "'' lN"'nl'i' VINO was eo"ector oil ID
'"" W e'''' !" 'u''''' inc amount oil taxes ne
,, ~ 'l' ',''''v Oh VT" tLorpy On tie grand n'
''""' ''' '"' year 100 Inc grand llst il
vas .''"'ueu oiter inc ueatn oil Orr
w sun WI" D'oSUS ior severn
INC ns'eiS 'h maxim
""' '"' "s' Oh 100 against inc name OF or
..,.,, . l'''''u 'n ''' QUINN contain
"- ''', .'..5"n' '' ''N."e property ana l"Ns 'h
'"s u'' '"o "s' usuie'