News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1884-05-15
COUNTY COURT.

an uneX. yected close just as we were
going to press last week, it was urged
by respondents council that the in
dictment was defective in that it did
not set forth a crime known either to
the statute or the criminal law, The
indictment charged the respondent
with burning "a certain building
commonly known as sugar house. !"
At common law arson lay only for the
burning q Westinghouse or its out
buildings. Other burning is crime
only as it is made so by statute. Sec
ton 4128, Revised Laws, under which
alone was respondent sought TO be
charged, enumerates certain buildings,
none of which is a sugar house, then
adding ''or other house or building of
another not constituting q d1Celttng-
house or its outbuildings. These neg
alive words are an essential element
IN the description. Without them it
was urged that there was no crime
charged known to the law. Judge
| Powers took this view of the matter,
but inasmuch as the State can take no
exception he ruled pro .tornaa, over
ruling the demurrer under which the
question was raised. Respondent ex-
cepted, and he was allowed to go to
the Supreme Court direct on this ques-
ton without a trial on the merits.
Bail was fixed at 5000, in default of
which respondent was recommitted.
Following this was the case of State
VS.. Billiard, charged with robbing an
orchard at No. Hyde Park. The same
question as to the sufficiency of the
indictment was raised here as in the
preceding case, but inasmuch as the
act was punishable at common law
before the enactment of the statute,
the demurrer was over-ruled and trial
proceeded upon the merits. The State
attempted to prove some alleged adj
missions of the respondent, which
we're held not admissible, besause
drawn out under promise of advan-
tage. After about half days con-
ference the jury came in disagreed and
were discharged. The respondent hav-
ing secured the necessary 500 bail,
is now at liberty. States Attorney
Gleed for the prosecution TT. Boyn-
ton and Brigham & Mcfarland for the
defence.
The next and last case upon the
criminal calendar for the jury was
State VS.. Gearwar, same crime as
charged in State VS.. Billiard. Gear
war was an alleged accomplice of Bull
lard. and as the evidence for the State
was nearly the same IN eacn case, It.
was deemed impracticable to try this
case this term and it was continued.
Next came hearing by the court in
case o. III. Potter v. Jacob Langdell
action, trespass and trover, for a
quantity of sugar which It was claimed
the Def. had taken as tenant and sold
without license. Judgment for the
Plf'. to recover S40.11 damages and
costs. Exceptions by the Deft. w.
d. Stewart for Plff. z. X. Gleed and
j. w. Page, Jr., for Deft.
The next to occupy the attention OF
the court was a divorce hearing. Lucy
A. Badger VS.. Geo. Badger. Ground
upon which bill was asked was intol-
cradle severity. The parties have
lived together since their marriage, in
Canada, Belvidere and Johnson. The
court found no intnlerable severity
made out while the parties resided at
either The first two named places but
while at johnson, where new agency
appears on the scene in the person Of
''Zeb" Gotta, a specn. of justifable in
tolerable severity was found, but not
such as would warrant the granting a
bill. The petition was dismissed. I,
j. Boynton and P. X. Gleed for the
petitioner; Brigham & McFarlrnd and
3. A. Hunt for Deft.
A divorce was granted John Lunt
of Eden. Ground; wilful desertion.
Brigham & Mcfarland for petitioner.
Henry A. Sparks of Stowe also OBJ
tanned q divorce on ''wilful deser-
ton" Geo. Wilkins, atty.
On Monday two divorce cases and
the case of Lee VS.. Slayton Ga report
of which is given elsewhere) were
heard at Morrisville. Court adjourned
Monday night after term of twenty.
one days.