Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1879-12-24
Washington County Court.
Hon. T. P. REDFIELD, Presiding Judge.
Hon. PnlLASDER RiFoRD, | a.s,s,on, .y,,do,s
Hon JAMES A. COBtiRN hoo'ot"'t ""'9''

IouN l. Tu1TLE, Sheriff
FRANK PLuMLEy, States attorney.
HENRY OviATT Stenogrdpher.
The case Of National Bank Of Barre Us. Town of
Montpelier, for neglect OF duty the part Of the
second constable Of the town, A. A. Sweet, in not
levying upon attachable property belonging to
Martin W. Newton of Mansfield, against whom
the bank had an execution for 800. SO, which was
on trial when last weeks paper went to press, was
finished last Wednesday noon, when the jury re-
turned verdict in favor of the plaintiff for
SAG 10 and costs.
The trial Of the liquor cases was then begun,
and lasted until Friday noon, with very udiffer-
ent success on the part Of the state. Mr.. Pumey,
the states attorney, and Mr. Durant appeared for
the state, while Messrs. S. C. Shurtleif, George
W. Wing Clarence H. Pitkin and Gleason & Field
appeared for various of the respondents.
The following pleaded guilty J. A. Locklin, one
second offence of selling liquor and two offences,
selling lager beer; l.. b. Huntington, one offence,
selling CIDER Hubbard Durgn of East Cabot, five
first offences, selling liquor; Dewey & Gunnison,
one offence, selling cider; Fred Il. Stevens, two
first offences, selling liquor; John Devine two
first offences, selling liquor; j. II. May OF Water
bury, two first offences, selling liquor.
Freeman and Roger Bixby forfeited their bonds
Of 5000. The state entered sloi, pros. In the
cases against jeanette Durgin Of East Cabot and
William Miller and Cypran Pelter of Montpelier
The case against Babcock & Cutler was continued,
and also that of Alexander Jangraw OF Montpelier
In the cases against J. A. Locklin, L. S. Whit
comb, +. r. Stevens and Others for selling lager
beer, the state accepted plea of guilty of two
offences by Locklin, and the other cases were
nj 90, xpaft ~ ba
in Iockln's case as to the validity of the act of
1878, which attempts to make the provisions OF
chapter ninety -four of the General Statutes apply
to lager beer and all malt liquors, us well as
whskey, brandy, etc
The cases against ]. A. Locklin and Collins
Bakely, for selling liquor in which pleas Of guilty
have been entered, will go to the supreme court
upon pleas in abatement TO the legality Of
the indictments found, because only seventeen
grand jurors were present instead of eight
cen 1t seems that one Of the jurors was taken
sick soon after court begun and did not attend the
sessions of the grand jury for the remainder OF
| the term, and it is claimed by the respondents
that the indictments found are therefore invalid
John q. Houghton of Burlington alias Glycerine
Jack pleaded guilty to passing counterfeit money,
and was sentenced to five years in the House OF
| Correction.
The case of the State Us. William Wallace
Noyes, indicted for embezzling four per cent re-
funding certificates from the Montpelier National
Bank, was continued, and also the case of State
rs. Donahues and Thomas Mullaly for arson.
Judge Redield, having returned from his West
ern trip resumed his place upon the bench last
| Thursday He visited both St. Louis and Chicago
during his absence, and the prairie air has APP
| parently restored him to his full health and vigor.
That he may so continue is the wish of the entire
community. The present term will continue until
Saturday, the Sd Of January, when it will come
to an end on account of the departure of Judge
Redfield for Burlington, where he sits as one
member OF the supreme court for Chittenden
| county
The following criminal cases are still for trial
State Us. George Hinkley, for rape; against Blay
and Selrles, for larceny; the Eddys and Lancas-
ter for arson; and against William Washburn,
| for selling liquor.
The following is resume OF the cases tried
State u.s. Frank H. Bascom. The respondent a
druggist in Montpelier, has been convicted twice
| already Of violations of the provisions of the
liquor law--once at Middlebury and once at Mont.
pelier. lie is now indicted for what is technically
called second offence" the punishment fol
which is fine of twenty dollars for each specific
act of violation and an Imprisonment of one
month The Indictment was drawn against
Franklin Haven Bascom. The respondents coun
sci pleaded in abatement, alleging that his rea
name is Frank Haven Bascom. To this plea the
state at first demurred; but afterwards withdrew
this plea and Joined issue as to the fact. A jury
was therefore empaneled Wednesday afternoon
to try the question OF misnomer; but before the
evidence was put in the state moved for leave t.
amend the indictment by changing the wore
Franklin to Frank wherever 1t appeared in the
Indictment. After argument Judge Royce granted
the amendment, to which ruling the respondent
excepted. The amendment was allowed to bt
made in accordance with the provisions of section
O. act No. Sc, OF the statutes OF 1870, which pro
vides among other things, that indictment
shall abate for any defect therein or want o
form, but that any defects may be amended by
the court before or on trial. The case was ther
tried upon the states specification, charging the
respondent with selling, furnishing or giving
away intoxicating liquor to Frank Butterfly
Henry veyette of Barre. DIR. C. r. Pell. Charles
N Peck and DR.. J. NJ. Templeton OF Montpelier.
None of the witnesses were of much service to tn,
|
ing alcohol OF the respondent, but the forme
claimed it was so mixed with shelac and othe
substances as to be unfit for drinking, and tn,
latter swore that he had always procured hi
mixed with ctronella castor oil, etc, for use IL
his barber shop. Judge Royce charged the jury
ably and impartially Thursday morning. ant
after an absence of five hours they returned ant
reported that they were unable to agree The
foreman representing that there was no hope
Judge Royce discharged them, The most trust
worthy information makes them stand nine fo
acquittal to three for conviction. Messrs. Pumle,
and Durant prosecuted. Messrs. Clarence II
Ptkin and Gleason & Field defended.
State u.s. Mark French--This was short hors,
and soon curried. The only witness agains
the respondent was Barre blacksmith nance
Jerry" Quay, who testified that in the respond
ent's place last summer he bought glass OF gin
Of person unknown to him. The jury went GU
/ and found themselves unable to agree, and wer
finally discharged without arriving at a verdict
They are said TO have stood six to six.
| State u.s. Horace Warren was the last liquor cas-
tried, and in this the state was defeated b,
neglecting to prove that the respondent was con
nected with the place where the beer was sold, o
that the place itself was bar-room where bee
was sold The respondent is young man, VIII
for short time last sum kept grocery oil
Main street, Montpelier, under the store OF E. W
Bailey. The stale put upon the stand Charles b
True Of Montpelier who testified that he had al
impression that he went into the respondent
| place at one time last summer and there OF
young man behind the counter bought glass o
beer, lie would not positively say that he d,
buy glass of beer there, but that was his idea
That was all the proof OF sales that the judgmen
= had. But the sensation of the case was the ap
pearance of Mrs. Mary NJ, True, the mother and o
Mrs. Hattie True, the wife of Charles, upon tn
stand, each OF whom testified that they knee
lager beer to be intoxicating because Charlie ha
often got drunk on 1t alone, Charlie himself de
MED the fact upon the stand, and neither of tn
ladies could say, but what he might have SNUG
5 gled in a little rum among his potatons of beer
But the prosecution to grief without finishn
the case, us above stated, and the court ordered
Q verdict for acquitta
State as. Royal S. Carr.-'Ths is the first capita
a case tried in Washington county since the tria
y OF Asa Magoon, at the September term, 1876 Tn
respondent, an unidentified man OF forty-fiv
years, is indicted for the murder of William Wal
y lace Murcommock, stroller Of mingled India
aud Scotch extraction, at Calais, on the lit
: Of December, 1878. Though unidentified, wha