Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1879-12-24
Washington County Court,
Ron. TIMOTHY z. REDFIELD. Presiding Judge
ION. PHiLANDER RIFORD, Assistant I'D ge.
Hon. JAMES A COBURN, Assistant Judge.
MELVILLE +. SMILE Clerk.
FRANK PLUMLEY. states Attorney.
JOHS l.. FUTILE, sheriff.

Iue case oil NallOnll Bank oil Barre vs..
Town of Montpelier, which was an action
by the plaintiff 10 recover damage ,alleged
rs resulting from the neglect of Captain
A. A. Sweet, the second constable of
Montpelier. to levy to n sufficient extent
upon the property Of creditor against
whom judgment had been rendered in
favor of the national bank. The jury re-
turned verdict for the plaintiff for Sl46.15
and costs. Heath Il Carleton and w. p.
Dillingham; for plaintiff; S. c. Shurtleff
and Geo. w. Wing for defendant.
The trial Of the liquor cases then follow
ed and Friday noon they were mostly
disposed of. The states attorney. assisted
by l.. L. Durant, Esq, prosecuted in be-
half of the state.
The cases of William Miller, Cyprian
Peltier and Alexander Jangraw of Mont.
pelier and jeanette Durgan of Cabot are
mol posed. Freeman Bixby and Roger
Bix6y forfeited their bonds of 5000,
Tho following pleaded guilty.. A.
Locklin, one second off4nce selling liquor
and two offences selling beer; L. b. Hunt
ingt0n, one offence selling cider; Hubbard
Durgan of Cabot, five first offences selling
liquor; f. Il. Stevens. two first offences
selling liquor; Dewey & Gunnerson, one
offence selling cider; John Devine, to two
first offences selling liquor; j. ii. May of
Waterbury, two first offences selling
liquor
In the cases of I. Il. Stevens, j. A.
| Locklin, Z. S. Whitcomb and others the
state accepted plea of guilty to await a
decision upon the validity of the statute of
| S7S, which makes lager beer intoxicating.
rne eases of Collins Blakeley and j. A,
Lockln will 20 to the supreme court upon
IA plea in abatement TO the legality of the
indictment.
John Houghton, alias "Glycerine Jack"
for passing counterfeit money. pleaded
guilty and was sentenced to five years in
the house OF correction.
The case Of the state vs.. William Wal
lace Moves, indicted for embezzling four
per cent reiunding certificates from the
National Bank, was continued, as were
also the eases of the state VS.. Mullaly and
Donahue indicted for arson.
Judge Rcdlied resumed his seat upon
the bench on Thursday, much improved
in health by his western trip. Tonight
the court will take u recess over Christ
mas.
The following is resume of the cases
tried
State VS.. Frank H. Bascom. The re-
spondent is II druggist at Montpelier and
WAS indicted under the name of Franklin
| Haven Ba,com for violating the liquor
law. lie pleaded IN Abatement to the
Indictment upon she ground that his real
name was Fra3E Haven Bascom. The
court allowed the state to amend their in
dictment in that respect, and the trial pro-
ceedud on its merits. The witnesses for the
state were Henry Veyette, a Barre barber,
Frank Butterfly, DR.. G. Il. Pell, Charles
n. Peck and Dr. Ell. Templeton. Those
that remembered anything at all remem.
bered it in such u way that it was of but
little advantage to the prosecution. DR..
| Pell and the barber admitted buying
alcohol at Bascom's; but in nearly every
case that they could specify the alcohol
was SO mixed with dru.s that it could not
be drank The jury were unable TO agree.
PIumley and Durant for state; Pitkin and
Gleason u Field for defence.
State VS.. Mark French. Another new
case. The respondent keeps place on
South Main Street, Montpelier. The only
witness against him was Jerry Quay, Il
Barre blacksmith, who swore that he
bought Il glass of gin there last summer
for IL man unknown to him, and who was
not the respondent. The jury disagreed.
plumlcy and Durant for state; G. w.
Wing and ShurtleG for respondent.
State vs. Horace Warren. The respond
ent is a y0ung fellow who for short time
| lart N N
+. w. Bailey on Main Street, Montpelier.
The only witness for the state or 10 sales
was Charles b. True. of Montpelier, who
testified that he " thought" was under
the impression" had an idea that he
went in there upon a certain occasion last
summer and bought glass of beer of a
young man behind the counter; the young
man not being the respondent. To prove
that lager beer is intoxicating, the gov
eminent put upon the stand Charles
mother and wife, who testified that they
knew it was because Charlie had often got
drunk on lager alone. Charlie himself
was highly indignant at this imputation
upon the strength Of his head and went
upon the stand again and swore that he
had never got drunk upon lager alone, but
had always mixed whiskey with it. The
court, after The testimony was closed,
rendered verdict of acquittal because
The state had failed to put on any proof
tending to show that the respondent owned
tie place where Charlie thought he got the
beer, or that it was bar-room. which was
necessary since it was not claimed that
the respondent had sold the beer in per.
son. Plumley and Durant for state; G
W. Wig and Shurllef for respondent.
State vs. ROYAL S. Carr. This case occu.
pied the time of the court from last Friday
afternoon until last night, when the jury
returned verdict of guilty of murder in
the first decree. The respondent was in
dicled for the murder of William Wallace
Murcommock ut Calais, on the 18th o
last December. The evidence on the par
of the prosecution was entirely circumstan
tial; but it was of the most conclusive
nature and left no doubts upon the mind;
of the hearers of the respondents guilt
The only real question in the case was ~
o whether the verdict should be murder
in he first degree or murder in the second
Messrs. Heath & Carleton, his counsel, pu
in proof tending to show that he was
man of feeble mind, unable to read or Il
write or reckon, and that therefore he wa
incapable Of committing murder in tn,
first degree. In 1868 Carr was convicte,
of mansaughtcr in this court and sentenc
ed to ten years in the states prison. Hi
crime then was called manslaughter in
stead Of murder on account of his imbecil
ity; but this time the plea didn't avail
, him. There is good reason to suspect tina
, Chester Carr, Royals cousin, was tn
, nstigator Of the murder and that the re
, spondent was simply Il tool in his hands
Chester at the time of the murder lived il
, Worcester close to the Calais line, nea
the Eagle Ledge road. and the Indian AM
his wife were staying temporarily Mt hi
home. On the afternoon of the 18th G
December, 1878, Murcommock and Roya
: started together, their guns over thei
f shoulders, to 90 through the woods to tn
, house Of Ira Carr, in Calais, mile and
half distant. Murcommock was neve
: seen again alive. Royal arrived alone Il
: Ira's That evening, spent the night there
. and returned alone to Chester Carrs o
Thursday noon, and told Mrs. Murcom
, mock that he and her husband had parlo
the afternoon before in the woods, an
N IL 4 4