Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1878-10-16
Washington County Court.

and citizen Of a rare type and as such his mem
DRY will be cherished"
Washington County Court.
The court was engaged Wednesday in tryin,
the case, State rs. Charles Spaulding of Roxbury
indicted for forgery which was begun Tuesda,
afternoon The respondent admits that there /
an alteration in the body of the note; but claim
that it was made before II came into his hands
The jury failed to agree, and were discharged
| Thursday noon 1t is said that they stood two I,
one foracquittal
The case against Calvin Stowe, for stealing
buffalo robes at Barre, last winter, has been con
tinued. That against Vna Fisher of Moretown
and Frank Kendall of Windsor for adultery, ha,
been mol prOs'd, the state being unable to make
out a case, owing to change Of front by its prn
cipal witness, the female respondents step-daugh
ter. Nelson Alexander, of Berlin, indicted fol
petty forgery, had his case continued out of pity
for his miserable condition. and we hope that he
will do better The cases of Aaron b. Houston
of Mortified, liquor selling, and Philander Ar
buckle, of East Montpelier, assault, were also
continued
Truman j. Hunt, of Montpelier pleaded guilty
of two first Offences and was fined twenty dol
lars and costs
The court was engaged all day Thursday in
trying the case State Us. Lyman Potter, of Marsh
field, for adultery with his step-daughter Ella
Richards 1t appeared that in 1866 Potter married
a divorced woman named Iaverna Richards who
had daughter a dozen years old 1t is charged
that the respondent soon seduced the girl, and
that about six years ago she had son by him,
who was followed two years later by another
son, and in another two years by third. The
wife left the house after the birth of the second
child, and Potter and the girl have continued to
live together until the present time; she keeping
house for him, and he supporting her and the
children The government failed to prove any
specific act of adultery within three years of the
time when the indictment was found but did put
in evidence tending to show carnal intercourse at
an earlier date; and the state claimed that the
proof taken in connection with other evidence
tending to show that they were sleeping in the
same bedroom at recent date, and that the
children called him father and he called them
sons, was enough to call for conviction The re-
spondents counsel, Messrs. j. A. Wing and S. c.
Shurtlef, argued that unless there was direct evil
dence Of specific act of adultery within the time
prescribed by the statute Of limitations respon-
dent must be acquitted, and asked the court to
rule that no case had been made out The court
refused so to do, and this question will he taken
to the Supreme Court The jury, after very
short deliberation, brought in a verdict of guilty,
and the respondent, in default of BAIL was sent to
jail. The States Attorney, Mr.. Frank Plumley,
conducted the case for the state
One of the most heinous cases of highway rob
berry ever known in this state occupied the atten-
ton of the court Friday. 1t was that Of Joel
Emerson, who was arrested for the robbery of
William Penn on the 2Sth of August THE par
ticulars Of this case have been given heretofore
lie was sentenced TO fifteen years imprisonment
in the states prison. He protested his innocence
to the court but Judge Redfield plainly told him
that the court was satisfied that the verdict was
just, and that grave crime needed severe
punishment. Emerson is now twenty-seven years
old. By good conduct he can lessen his time five
days month that at the least he will be nearly
forty when he gets out and it is to be hoped a
better man.
The court following the example of the Legis-
lature, held short session on Saturday;
but unlike the Legislature, adjourned with the
consciousness of having done hard weeks
work, and struck terror into the hearts of evil
doors. The case againsts Harvey Wiley, keeper
of the tavern at Twingville, Barre for selling in
toxicatng liquor, which Mr.. Plumley called up
for trial on Saturday morning, proved to be "a
short horse, and was " soon curried" Itappeared
that ON the 9th of last September two students
at the Barre Academy, William Glover and Isaac
llerrick, went TO the respondent home and there
procured some intoxicating liquor of his wife,
which caused them to drink enough to make a
scandaons exhibition Of themselves at the school
DIR, Spaulding's wrath was very properly aroused,
and he procured an indictment by the grand Jury.
The boys went upon the stand and told their
stories, and owned that they had represented to
Mrs. Wiley that they were sick and needed some
thing to warm them. The respondent did not
deny the selling, but testified that he was not at
home at the time; that he kept no liquor for sale
that his wife acted without his authority in let
ting them have any; and that what she did let
them have was kept in the house for family use
The jury acquitted him after brief deliberation
MessIs j. O. Livingston and s. c. Shurtlin de-
Tended.
In the case of Henry McMuphy, convicted of
attempted rape, and Lyman Potter, the old man
convicted of adultry with his step-daughter, ex-
ceptons have been taken, The Supreme court will
be asked to pass upon the legal rulings of the
county court.
Charlotte Llsbons case occupied the court most
of Monday, and resulted IN verdict of guilty of
keeping house of ill-fame. She was ably de-
Tended by Messrs. j. A. Wing and Clarence II
Pitkin, but the proof was overwhelming
The State rs. Charles Dodge OF East Montpe-
her Tor burglary and stealing from Joseph Gray
oil Calais, some seven hundred dollars In money
ana valuable notes, was tried Tuesday, Dodge,
young man of twenty-seven, and mis- nephew
twenty-one years old, are tough chaps who have
had a reputation for drunkenness and idleness
ever since they grew up. Last May they were
snort oil money, as usual, and Disguised with their
condition, concluded 10 rob Mr. Gray, a half crazy
and well-to-do bachelor who with his aged
sister, keeps house In the edge OF Calais mile
or two from North Montpelier. Charles watched
AT the window where the entrance was made.
while Oscar went to the old mans chamber and
rliied his pockets. They divided the plumber by
the ilght OF the moon, aud soon after, accom-
panied by Charles wife and children, went to
atanstead Canada, where they bought u small
store I ana team Charles Alexander, who drove
Charles To Canada and saw him make liberal
display OF money, Informed Sheriff futile, and
luttle went TO Canada, arrested them and brought
them home On the stand yesterday, Oscar
turhed states evidence and gave the thing
away; Mr., Gray recovered his notes, through
oscar lnstrumentaty, soon after the arrest, aud
Sheriff futile got back most Of the money. The
Jury returned verdict Of guilty after very few
minutes del9eratlon; MIR. Plumley, the states
attorney, conducted the prosecution and Messrs
D {. ShuTtlefi and l., L. Durant defended
!, George Marqnett, Of Montpelier indicted for
disturbing the last fTeeman's meeting in Berlin
pleaded guilty aud was fined twenty dollars and
costs, which he will be allowed TO work out In
charge Of the sheriff
~ Inc following cases were continued Ellen
barnett, larceny Sarah f. Burnham, arson Mel
selling beer Phillip Preston, liquor Lawrence
Preston liquor Henry Recor, larceny; Russell
Conner, larceny.
Inc next case for trial is state u.s. jennie Smith,
Of Montpelier for keeping a house of ill-fame
The states attorney moved for its continuance
Just before adjournment The motion was OBJ
posed by Mr. Pitkin, In behalf Of the respondent,
WIN demanded trial on u H0i pros
mere wil probably be no more jury trials, and
the panels viii be dismissed to-day after one of
me longest and most arduous terms ever held in
this county