Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-01-07

brought suit against defendant to recover
500 alleged usurious interest. Defendant
claims that the amount should have been
collected by the assignee and distributed
among the creditors AMI that plaintiff can
not recover it, W. l.. Burnap, L. X. Hard
for LafountaIn W. G. Shaw for the bank.
At the close of the arguments the court
took recess until o'clock this morning.
WEDNESDAY AFrRRSooN.
The first case taken up this morning was
that of State vs.. Philomenc Lemoine, alias
Pasta, and F. r. Hard The first named
defendant was prosecuted for keeping a
house of i'll fame and furnished hail, which
she forfeited. She was subsequently, arrest
ed and taken directly 10 the court house and
there furnished bail which was accepted by
Assistan. Judge Chapman and which was
afterwards forfeited 1t was on this latter
bond $4,000 that the present suit was
brought, on which judgment was given for
State in the county court. Defendants
exceptions are that the declaration
was insufficient in that the informa-
ton was not exactly set forth and that
the defendant Lemoine not having been COM
mlttcd to Jail the Assistant Judge had no
power to take bail The State claims that
the information was sufficiently set forth TO
sustain the verdict; that the suit was found
ed on forfeiture of recognizancc and not
on the information about which there was
the alleged variance; and that the statute
| gives an Assistant Judge power to take bail
under such circumstances AS those described.
The case was argued by ii. ). Peck for
the State and f. r. Hard for the defence.
State vs.. j. l.. Wood and Alma Il. Smith
was then taken up. AZ the last term of the
County Court Wood and Mrs. Smith were
convicted of mansaughter. The case now
comes before the court on exceptions TO GER
tain dying declarations Of Smith admitted
by the County Court and claimed 10 have
been inadmisslblc, and to certain portions of
the courts charge, especially those defining
the different degrees of murder.
States Attorney NJ. A. Bingham and ii.
s. Peck for the State r. II. Start for Wood
and Mrs. Smith.
THURSDAY, Jan. 6.
The next and last case argued yesterday
afternoon was that of Jane f. Whiteman,
executrix, Vs. Charles c. Field ct ais, from
chancery). The question at issue is wheth-
or the defendant had Il homestead right in
property taken under foreclosure of mort
gage The points raised are of no interest TO
the general public,
W. L. Burnap for Mrs. Whiteman W.
u. Shaw for Field.
THURSDAY AFTERNOON.
There was a brief hearing this morning in
James Miner vs.. j. b. Wood and Alma X.
SInith-a case arising ont OF mortgage fore
closure W q. Shaw for Miner W. H.
Hare and W. l.. Burnap Tor Wood and Mrs.
Smith.
The next case head WAS that of W. q,
Shaw VS.. j. W. Carpenter ct ais. 1t seems
that some time since Carpenter bought goods
and stock Of one Peterson, giving therefor
his note, winch Peterson afterward endorsed
over to Shaw Payment of the note Is con-
tested on the ground that part OF the prop
erty transferred consisted of intoxicating
liquors Said liquors consisted of some cider
some damaged ale and porter and minute
quality of alcohol. The questions are
whether the sale was contrary 10 the statute,
and, if 50, whether the whole note is invalid
ated or only to the extent indicated.
W. q. Shaw pro Sc NJ. r. Tyler for Car
penter
The next and last case on the docket was
that of Francis Cross vs.. Louis Besette from
chancery)-a case growing out Of the trans
fer of farn conditioned ON support, etc.
4. V. Spalding and l.. l.. Lawrence for
Cross: H. H. Start for Besete.
FRIDAY, Jan. :.
The decisions in cases heard were an
nounccd this morning rs follows;
State vs. James Eaton. Defendants ex-
ceptions overruled.
Charles Lafountan VS.. The Burlington
Savings Bank. With the court.
State vs. pMlomene Lclnonc alias Pasha
! and +. L. Hard. Judgment reversed, YER
dict set aside and cause remandcd for new
trial.
state VS. J. L. Wood and Alma X. Smith.
Verdict of the County Court set aside and
!, cause remanded for new trial. Opinion by
Ncazcy, J. 1t was error in the County Court
:. to admit that part Of Smiths dying declara-
ton in which he spoke OF Mrs. Smiths
threats against his life; and the charge
TO the Jury was in error where it instructed
the Jury that although there was no concert
Of action between Wood and Mrs Smith
. and although Smith died from the effects OF
:, wounds administered by Mrs. Smith, both
respondents could be convicted of murder
Jane L. Whteman, Ex'x. vs. Charles [
Field et ais With the court.
James Miner VS.. j. Il. Wood and Alma X
. Smith. Demurrer ovcrruled and judgmen
N affirmed.
J. Emily C. Knox ct ais, vs.. G. j. Alger
q Admir- of j. VI. Knox. With the court,
n W. g. Shaw VS.. J. W. Carpenter ct ais
With the court.
,g Francis Cross VS.. Louis Bcsette. Wit