Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-01-14

Patrick Mckenzie and the other that OF
State VS.. Dennis Flaherty. The complaint
against each was for selling fermented IL
quor at place of public resort contrary to
the provisions of section Is Of the Liquor
Law. In the first case the court below
found the fact that the liquor was ferment-
ed, but not intoxicating; in the second, that
the liquor was fermented and sold IN
place Of public resort. The State claims
that the crime consisted in selling SAID IL
quor in q public place of resort. and the
respondents, that the State must first show
that the liquor was not only fermented but
also intoxicating. r. II. Start for respond
ents States Attorney r. p. b. Hewitt for
the State.
Charles Bennett ap 'ee. vs.. Orestes L
Stacy apt This is an action of assumpsit
brought by plaintiff against Crane Stacy
for balance of wages due him a. porter oil
the hotel. Trial BY juryisnd verdict return
ed for plaintiff The case comes 10 this
court on defendants exceptions to the rnl-
ing Of the court below, excluding the te--
timony on the point of the amount OF per-
ouisites received BY the plaintiff IN his ca
pscity OF porter. the defendant claiming
that these perQuisites were q part OF the
wages which they were to pay him There
is also petition Tor new trial on the
ground of newly discovered evidence.
r. II. Start ami Z. p. B. Hewitt for plain
tiff d. II. Talcott, r. ;. Taft, L. j. Phelps
for defendants. The hearing in this case
was commenced before the adjournment for
the day. and will be concluded IN the morn
ing. There are only three cases more on
the calendar to be heard.
MONDAY, Jan. 10, 1876.
The second cause heard on Saturday
morning, was the last one IN tAe calen-
dar Ii was that Of George Goodnow Co:
VS. Samuel Tyler. This i an action brought
to recover the value of certain lIquo r pun
chased BY defendants of plaintiffs. who
were non-residents. At the trial OF the
court below verdict was directed Tor the
defendant. 1t comes TO this court on the
plaintiffs exceptions. The principal ques-
ton in the case Is whether the value OF
liquors can be recovered by the suit. with
out showing that they were sold IN accord
ance With the provisions OF our statute.
E. r. Hard for the plaintiff, W ). Bur
nap for defendant.
The court then took recess till three
O'Clock in the afternoon, at which time the
opinions of the court which had been com
pleted, were delivered.
The opinions are a. follows
Judgment of the court below was affirm
ed in Ernest Lsporte spee. V. Joseph ba-
con, apt. Opinion by Justice Wheeler ).
l. Reynolds y Co. apes y. Paul Leclalr
and Trustee and claimants. by agreement
Francis GOnyeau ". Town OF Milton
Opinion by Justice Redheld Adoniram
Austin vs. j. B. Small n a. by agreement
Maria c. Stacy ad mx vs. o. F. BOstwck
and NJ D L Thompson. Opinion by JUS
tice Rsdfeld and c. W c PsTes, apt y
Orren PeltOn, ap' zee. Opinion by Justice
Wheeler
Judgment Of the court below was rererSed
and cases rsmanded II George Go0dnow Il
Co vs. Samuel Tyler opinion by Justice
Powers Geo J SIannsrd V Wm. II
and Geo T Mead opinion hy Justice
Royce james Mslley ap ZEE v Lewis
Weinman apt, opinion by Justice Royce
and Chas c Bennett v O. {. Stacy,
opinion BY Justice Redheld Petition Tor
q new trial was denied.
In lssdore Roscoe vs. james II NutchIn-
son, the Judgment Of the court below was
reversed and Judgment rendered for defendant
on report for Sos - and interest from
April term. 1875. opinion by Justice Pow
ers In Chas {. Post. ap ee y NJ +
Smile apt. the judgment Of the court be
low was reversed, and judgment rendered
III AAt Aa4LA4- AeA NA4t "a * fNA 49, -
the costs OF only this court Opinion by
Justice Redheld The case Of Eugene Niele
RI a., v Mary A Biodgett was continued
The cases Of Oryis " Bullock y Timothy
D Pear and A B + II Smond- v
Joseph W tray. Jr. Fl a. were disc0n-
tinued. In the case OF Mary A Wheelock
Us John Z Mheelock r. ais. the bill was
dismissed tor want OF jurisdiction Opinion
hy Justice " ueeler
The complaints IL the two State cases
were sdjudgec sufficient, and the ludg-
ment was that the respondents Mckenzie
and flaherty should take nothing by their
exception Opinion by Justice Royce IhI-
decision appears to settle the question final
ly, that All selling OF furnishing Of cider
or fermented liquor OF any kind, 'rastAsr
such liquor IS snf0T4cafuy cr not. 81 OF ID
any yictualling house tavern, grocery shop,
cellar Or other place Of public resort Is a.
legal and renders the seller or iurnisher
liable to the penalties OF the Liquor Law
The remaining twelve cases have been
heard and remain with the court iUr final
disposition.
Previous q adjournment Messrs II :
Peek and Z. B Taft. Of thi- city, were. %
motion Of Hon. DANIEL Roberts, chairman
OF the examining committee. admitted 10
practice IN this court
The court was then adjourned s.4- de.