The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1888-04-11

Washington County Court.

State rs. Francis ID. Lamb The trial of
this case began last week Wednesday, The
Indictment was in one count and charged
the respondent Lamb) with the larceny of
divers goods, amounting to S173, belonging
to one Noble Irish, from the hotel of said
Irish in Waitsfed May 20, 1887. 1t seems
that after some negotiations Lamb sold his
hotel property in Waitshed to said Irish
for $1,000. Before the deed was made
Lamb and Irish exchanged bonds to the
effect that If either of the parties should
give up the trade he should forfeit to the
other 500 The bonds and forfeit money
were placed May in the hands of r. j.
Gleason, town clerk of Waitsfeld. On May
IL Lamb and wife decided to Irish their real
estate and personal property, as per
schedule, to which was added the clause,
And to include all the fixtures and per-
sonal property we own included in this
sale" Irish claimed all personal property
under this clause. Lamb considered it as
meaning nothing. Lamb remained in
charge of the hotel for some two weeks
after the deed was made, Irish being away
on business. Trouble began with Irish
charging Lamb with taking the personal
property charged in the indictment. The
direct examination of Irish was, in sub
stance, as stated above. On cross-examina-
ton it appeared that the bulk of the articles
were taken between May ) and II, between
the making of the bonds and deed. 1t also
appeared that many of the articles Irish
had never seen at the time the deed was
made; that the schedule had been lost, but
that a pass-book, in which AN inventory of
the personal property was taken at the time
of the trade, and of which Irish admitted
the schedule was a copy did not contain
the articles alleged in the indictment as
taken by Lamb 1t also appeared that the
taking was continuous and not at any one
time. The court held that no property
passed before the making of the deed, and
| .ffl fltn
goods taken before May II. On the coming
in of the court Thursday afternoon, as the
evidence disclosed several takings while
the Indictment alleged only one, on motion
of the respondent the court ordered the state
to elect and confine proof to articles taken on
some one occasion. After some sparring
by counsel the states attorney asked leave
to enter a nOlle prOSeqUi. The counsel
for the respondent denied the right of the
state to nOlle pros. the case and asked that a
verdict he ordered in favor of the respond
ent The court exercised its discretion
and ordered that a nOlie prOSeg6 be entered,
to which the respondent excepted 1t is
understood that had the case proceeded
! the defence would have been that only the
articles set down in the schedule were sold
| and that none of the articles charged in the
| Indictment were in the schedule, and also
| that some of the articles the respondent
never owned AS Mr.. Dillingham;, who
was retained by the states attorney to as
| sst in the prosecution of this case, was un'
avoidably absent, his place was taken by
Mr.. Lamson. Heath & Fay and S. G.
! Shurtlef for respondent.
The trial of the above case closed Thurs
day at three p. NJ, and as Friday was Fas
day court adjourned till two P. NJ. Monday
State rs. Edward b. Gerry. Respondent
was arraigned yesterday to answer to an in
formation charging him with having al
| DuXbury, September o. 1887, feloniously
lynn inn hn 70 hnx
been stolen. 1t seems S25 were stolen of on,
John ONeil by Edwards father Georg,
Gerry, who gave him S15 and then fled
The respondents age is fifteen He pleaded
guilty and was sentenced to confinement il
the reform school till he reaches the ag,
of twenty-one. States attorney for state
Heath & Fay for respondent.
State rs. John Crimmins. Responder
was arrested by Deputy-sheriff o. o Davi
at Northfield, in the store of A. f. Denny
between the hours of seven and eight P. NJ.
March "A last. He was held to answer t,
an information charging that while beini
arrested he resisted and assaulted sait
Davis. The state, TO make out its case, ha,
to show that the arrest (Which was withou
warranty was while Crimmins, in state o
ntoxication, was disturbing the publi
peace and domestic tranquility. 1t ap
peared that some fifteen minutes previous
to the arrest Crimmins was in the store o
G. III. Richmond, and on account of hi
profanity, etc, Richmond sent for Office
Davis; that he left Richmonds stor
and went into the store of Denny
where Davis found him. The evidenc
of the state tended to show that Grim
Minis was intoxicated and was disturb
ing the public peace; that when bein
arrested he resisted Davis and struck hin
two or three times. 1t appeared that Grim
Minis was afterward taken to Montpeie
Jail; also that he had been convicted of be
ing intoxicated at the time of his arrest
Crimmins admitted that he had taken tw
drinks of liquor, but denied that he wa
drunk. He also denied striking the office
and said that he was not making a disturb
ance. The verdict of the jury was guilty.
Sentence has rot yet been given. EXcep
tions by respondent. States attorney AM
Charles ID. Edgerton for state; John G.. ant
G. w. Wing for respondent. This was tn
last jury case. The jurors were discharges
yesterday from further service this term.
Eugene K. Wight, whose trial and con
viction for horse-stealing was reported las
week, was sentenced yesterday by Judg
Rowell to five years in the state prison. L
the afternoon he was taken to Windsor b.
Sheriff f. III. Atherton.
Nora b. Warner, the respondent in tw
state cases, who has been confined in jail fo
the past month with her young child, wa
permitted to go on her own recognizanct
which was $500 in each case. Heath & Fa
for respondent.
Trial of the court cases began yesterda
afternoon