Middlebury register. (Middlebury, Vt.) 1886-1937, 1889-06-21

for some time the station agent at
Brooksville, and who was pulled up
year ago for breach of the peace and in
toxication. He said that lie had procured
his yitrol from Mr.. Sargent, and the lat
ter being arrested, pleaded guilty to one
first offence and appealed to the county
court. This case, on the appeal, was the
one tried. Burnham had gone to parts
unknown, but about 40 witnesses were
subppnaed against the respondent, and
of these about twenty testified Birch
beer and ginger ale were the only drinks
that any of the witnesses testified to hav-
ing procured from the respondent within
the time covered by the States specifca-
tions and the Judge told the jury to re-
turn verdict of not guilty, which was
promptly done. j. NJ. Slade, A. Z. Tup-
per and j. f. Stapletpn were the attor-
neys for the respondent. The two cases
against X. Muldoon of Vergennes, one
for selling and one for keeping with in
tent to sell, were nol-prossed and Mr..
Wilds desired to dispose of two other
cases on the docket in the same way, as
he thought that by the time the cases
could be got to trial the evidence to con-
Wet could not be obtained. The court,
however, thought that it would be we'll
on the docket till another term, by way
OF "scarecrOWs. These cases were
State VS.. j. Donahue, Jr., and State VS..
Samuel Casvay. In the liquor case of
Charles ii. Coson, formerly landlord of
the American House in Nergennes, the
bail was called and forfeited, and subse-
quently chancered to 5000. This dis
posed of all the liquor cases of the term.
Tuesday afternoon it became apparent
that no more jury cases would be tried
and the jurors were discharged for the
term. a heariug was then held in the
matter of the Ripton highway and the
report of the commissioners-EX-G
Ormsbee, John w. Cramton and y. f.
Dunshee, in favor of building the road,
was confirmed. The names of Joseph
Battell. John K. Goodro and George j.
Hodges were proposed as commission
ers to have charge of building the road
and Judge Powers appointed Mr.. Hodges
i'll Difference to petition containing the
names of Il considerable number of the
legal voters of Ripton. The State will
give S4OO and the town must raise like
sum.
In the matter of the petition of Charles
ii. Bell, for release from custody, a hear
ing was held Tuesday afternoon. The
petitioner has been incarcerated since the
last December term of court, having then
been convicted of bastardy. The court
ruled that the petitioner, whose petition
was based upon the grounds of failing
health and financial inability to satisfy
the Judgment, was entitled to take the
oath prescribed in such cases and be re-
leased, which was done the same night.
Thus the town of New Haven will have
to foot the bills in this case, but Judge
Powers said that each town must take its
own chances in these matters. Mr.. Bliss
represented Bell.
An evening session was held Tuesday
and sentences were imposed in the fol-
lowing cases, which have already been
noted in this paper: Robert Lang, guilty
by plea of helping to burglarize three
stores in Bristol in March last, three
years at hard labor in the State prison
George Cook, convicted on trial of par
ticipating in the same crime, IA similar
sentence; George Chase, convicted of the
larceny of Sl2 from Mrs. Nancy Sher-
man, Is months in the House of Correc-
ton; Joseph Lorraine, on ii plea of guilty
of stealing harness and blanket at New
Haven, Is months in the same Institution.
In Charles y. Piper VS.. Ii. W. Brewster
ct al. the hearing was begun Tuesday at
ternOon and was continued Wednesday
taking up considerable time. The suit
was brought FOR trespass, but practically
involved the title to a piece of land, con
tanning about one-fOurth of an acre, stu
ate on seymour street in this village.
The plaintiff claimed to have valid war
rantee deed of the land and the defend
ants claimed it by adverse possession. A
large number of witnesses. including
President Brainerd and Gov. Stewart,
were examined, and the court took the
papers. In the evening Judge Powers
rendered his decision, which was that the
defendants had not made good their claim
of adverse possession, and that the legal
title was in Piper, who was allowed 81
for the trespass and the costs of the suit
MIR. Wilds represented the plaintiff. and
Hon. Henry Ballard and Il. IL. Mcleod
appeared for the defendants.
Wednesday the case of Milo 4. Everest
appellant, VS.. Eliza +. Tuttle's estate
was heard. This was an appeal from
the probate court, and good deal of
testimony was introduced in the case.
The court decided that the will probated
was the last will and testament of the
deceased woman, and the appellant,
Everest, will therefore have to pay the
costs of the suit. Mr.. Bliss appeared for
Everest and Gen. Grandey and Mr.. Wilds
represented Judge Barnes, the executor.
Criminal cases, in addition to those
hitherto reported, were disposed of as
follows State VS.. Lizzie Johndro, in
dictment for larceny; not to be brought
forward. Respondent recognized in the
sum of 500 for her appearance from
term to term. State VS.. John Mack.
breach of the peace; nol-prossed. State
vs., Charles Carney, indictment for lewd-
ness; plea of guilty, and sentence of one
year in the House of Correction. State
vs.. Thomas Brown pleaded guilty to one
first offence of selling Intoxicating liquor,
fined s. and costs.
This completes the catalogue of the
criminal matters disposed of during the
! term
These divorce cases were heard from
time to time: Louisa Carl VS.. William
Carl, divorce granted for intolerable Sc
verify and petitioner given custody of
her three minor children. Mile Cham
berlain VS.. Ebert III. Chamberlain, bill
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