Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1883-04-13

TUE RUTLAND LIQUOR wAB-JUDGE yEAZEY DIS
MISSES THE CASES AGAINST TEE EXPRESS
AGENTS AND HOLDS THAT PROSECUTIONS BY
COMMON INFoRMERs ARE ILLEGAL.
Judge Veazey delivered the opinion of
the county court at Rutland Tuesday morn
ing in the haJeaS corpus case of Express
Agent Barney Barker, and ordered him dis.
charged. Barker, as well as the express
agents at West Rutland, Centre Rutland and
Sutherland Falls, had been arrested and
brought before Justice Jewett p. Cain on Il
warrant issued on the complaint Of II. w.
Love, as common informer, Love claiming
that the express agents were liable under the
statutes OF this state for selling liquor contra
ry to law, because they as express agents had
received packages of liquor sent G. o. d,
from John O'Neil of Whitehall and others and
had delivered the packages to consignees in
Rutland on payment by them of the price of
the liquor. The agents were all compelled
to give bail and the cases were continued for
trial. The counsel of the National Express Co.,
in order to test the legality of the prosecu-
tons of their express agents by Mr.. Love as
common informer, had the bail surrender
Mr.. Barker to the justice court and he was
then committed to the custody of Const bile
Mead, aud petition for hd6edS corpus was
brought to the county court and extended ar
guments were made by A. f. Walker, counsel
for the relatOr Barney Barker, and by ex-
Judges Dunton and Barrett counsel for the
state and prosecution. Judge Neazey Tues
day morning delivered his opinion, holding
that az the crime of liquor selling was un-
known to the common law but created entire
ly by the statute of this state, and as the
method of prosecution had been provided in
the statute for prosecutions under the liquor
law, by grand juror or states attorney and
not by private person as common inform
er, such method so provided was exclusive and
the prosecution by common informer was
illegal and the justice could not issue his war
rant on the complaint of Love as a common
informer, and therefore the court ordered the
discharge of Barker,
A PROSPECT OF FURTHER TROUBLE IN THE CEN
TRIAL VERMONT SETTLEMENT.
The Boston Advertiser says that j. N. A.
Griswold of New York, large holder OF Yer
mont and Canada bonds, will bring petition
before Chancellor Royce Saturday to be made
party in the suit Of James r. Langdon
against the Central Vermont railroad to es-
tablish the priority of the trust debt over all
other securities of the road, Griswolds
bonds were not put into the reorganization
scheme, and he proposes to make the reor-
ganizers pay him cash instead of exchanging
for new bonds If he does this ii will proba-
| bly, REOPEN the 40 years-war" and prevent
the success of the reorganization plan.
One of the largest stories of crow shoot,
/ ing this season comes from the town Of Fer
risburg, where John Dakin killed Is at two
shots on Saturday last.
The Collegest church at Burlington has
called Rev II. d. Putnam, who has been sup
plying the pulpit for six months, to become
pastor,
George Buchanan, who was convicted in
Burlington Oct. Q, 1874, of manslaghter in
killing his brother, and sentenced to state
prison for ten years, has been pardoned,
A Rutland drug clerk, in recommending
a certain medicine, said that a man in town
took it for three years before he died.
st Johnsbury's middle over town officers
thickens. 1t has now on its hands two first
constables. n NJ. johnson, elected at the al
legged illegal annual meeting, resigned, but
before the special meeting, withdrew his res
ignation At the special meeting A. d. Pike
was elected first constable. Mr.. johnson has
filed his bond and claims to be the legal OIL
Ger. Mr.. Pike had not fled his bond at last
accounts, but a local paper says no conside rs
himself the legal first constable and holds
himself in readiness to transact the business
of the office.
1t is announced on the authority of the
Free Press that the Central Vermont and the
Vermont q Canada railway corporations re-
Gently consolidated, will hereafter be known
as the Consolidated railway of Vermont. The
same paper thinks the roads controlled by the
consolidated corporations will be managed by
the Central Vermont management.
Two Braintree youths named Luce, aged
10 and IA years respectively, went into the
barnyard of Earl Oushman, while no one was
about the place, and killed one sheep with Q
number of fowls. They are to be sent to the
reform school.