Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-05-02
NOREliHRN VERMONT.
2hc Braincrd Case In Court.


States Attorney Hall, on Friday called UP
the Braiuer cases for trial by jury aud ask.
ed if the respondent was on hand for trial.
Mr. Edison, of counsel for Mr.. Braiherd
referred to the demurrer to these indictments
now pending before the court. Mr.. Hal
claimed that hearing on the demurrer could,
in cases similar to this, take place only while
the respondent was present in person. Mr..
Edison denied this, and the question then
came up as to the right of MIR. Brainerd to
| be heard On demurrer In his absence.
| s. E. Royce explained why Mr.. Branerd
was not present. lie said respondent was
not afraid of personal peril, as alleged by
counsel for the State; but he had been adj
vised that the indictments we're legally in
sufficient, and they could not stand that
the case would not really come to trial until
the September term, and it would not be
necessary for him to be present. lie refer
red to Mr.. Brainerd as in a destitute cond-
| ton tie past winter, but as having made
arrangements to till wheat lands in Mime
| sofa. in order to earn living. His coming
| to Vermont would prove disastrous to this
| one prospect of earning his bread He
maintained that the only punishment for the
| crime with which Mr.. Brainerd is charged is
by fine. Our statute provides no imprison-
mcut for such misdemeanor.
Mr.. Hard said he only wanted the case
handled as other cases are, and sought to
employ no special "tactics." The reason
why Mr.. Brainerd should be here is because
the law requires il. No agreement that we
could make would validate Judgement in
his case in the absence of Mr.. Brainerd.
He is charged with an offense punishable by
Imprisonment. He cited several authorities
| IN no 4 NO pf he
ent in court during any hearing of his case
and also to refute the claim of the other side
as to the scope of the law of 1878. Decision
reserved.
Fletcher.
Mr. and Mrs. Justin S. Leach of Fairfax
were surprised last Friday evening, April
25, by large company of neighbors and
friends assembling at their home to celebrate
the tenth anniversary of their married life.
The number was one hundred and more;
the feast was sumptuous and much enjoyed
The gifts were numerous and valuable, and
The surprise complete. The clergyman of
Ten years ago was present to offer remarks
and praise the presents. He also responded
in behalf of the groom and bride. A beautiful
poem by an absent friend was received and
read, which added to greatly to the joys OF
the occasion.
Chauncey Scott, confined to his house for
the last three months, is now better and
strong hopes are entertained OF his speedy
recovery. Mrs. Luther Wells is sick and
under the care of DR.. Briggs. Her disease
CAUSES much anxiety. All hope for the
best.
In Franklin county court, Curtis Ellis Of
Georgia, who was arrested foi breaking In
and ST dug a watch and other articles,
pleaded guilty and was sentenced 70 the
work house for two years. George Farm
ham, who was arrested 10 Milton few days
ago, charged with stealing pocket book
last fall, pleaded guilty and was sent to the
house uf correction for two years.
Thomas Smith of Georgia is an English
man who lsbored by the day until be saved
enough to buy him small farm 10 Georgia.