The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1891-04-22
Washington County Court.

tVh NOhuty NOuIc
The following cases were tried by jury
last week. The state docket has about
reached its limit and the balance of the
week will he devoted to court business,
divorces, etc.
State Us. Peter Bordo.-Tbe respondent
was tried for an alleged breach of the peace
in June of last year. Mr.. John Mooney
testified that on the evening of the day in
question he saw a crowd of about half dozen
men standing on the corner of Court and
Elm streets, and by the way they acted he
called them more or less intoxicated He
saw man named Brody strike the re-
spondent and knock him down; when he
got up the man Brody was in his team and
about to go off when Bordo approached the
team and gave Brady a sound, hard, smack
on the face. Brody got out, and, taking his
whip, advanced upon Bordo. just at this
time appeared G. DeForest Bancroft, justice
of the peace, and he arrested Brody. Mr.
Bancroft did not think there was any cause
for arresting Bordo, and it was not until
next day he was arrested on this charge.
He was convicted of a breach of the peace
before the justice and took an appeal. Most
of the witnesses for the state agreed that
Brody had assaulted Bordo, and the latter
testifying in his own behalf, stated that
Brody had first made an assault upon him
and that he had only acted in self-defense;
that he was sober and Brody was intoxi-
Gated. The jury returned verdict of not
guilty., dlltT d SOIlltWHdl
u. 3. Stanton, states attorney, assisted by
L. j. Boyntor, prosecuted. L. II. Gordon
and w. A. Lord defended.
State US. Henry G. Smith.-Liquor prosecu-
tion. Respondent was charged with unlaw-
fully furnishing to James Mullaly intoxi-
eating liquor in July last. This witness
swore that he got some liquor which re-
spondent said was ginger ale, though he
said he had called for whiskey. What he
got made him intoxicated, and he had no
other liquor but that except drink or two
dict guilty" H. S. Stanton, states attor-
ney, assisted by John G. Wing, prosecuted.
j. II. Senter and w. A. Lord defended
State Us. Charles Miller.-Responden
was charged with making an assault upon
one Langdon j. Davis on July last in
front of the store of respondents brother on
Main street. The witness Davis swore that
on the occasion in question he saw friend
on the street that he wished to have a
confidential chat with, and invited him
into the stairway leading to the living rooms
of Mrs. Miller, respondents mother. While
engaged in his chat the respondent came
and ordered him off, Thus far the testi-
mony agreed. Davis testified that he prom
ised to go in very short time, as soon as
he got through his conversation; but Miller
testified that Davis with an oath swore he
would not go, and with another oath that
no man could make him go. Davis swore
that Miller struck him and knocked him
out of the passageway; Miller swore that
all he did was to twitch him out, until he
struck at Miller with cane and that then,
in self defence. he, Miller, struck blow at
Davis. The jury returned verdict of
guilty. u. S. Stanton, states attorney, as
sisted by f. l.. Laird. for the state; John G.
Wing for the defence.
State US. George Miller.-This respondent
was charged with having had unlawful,
carnal knowledge of one Mary Martin,
the respondent being over the age of six
teen, and the girl being under the age of
fourteen. In view of the age of the girl
the crime amounted to charge of rape.
The girl lived in Fayston and testified that
the offense charged occurred on the prem
ises of the respondents mother in April of
last year. 1t appeared from the Cross-ex-
| animation of the girl that she made no COM
plant at the time; and that no complaint
was made by any person until last Septem-
ber, at which time the Indictment set forth
the crime was committed. The respondent
denied the charge, and much stress was
laid on the fact that no complaints had
been made, as tending to negative the girls
statement. The respondents counsel further
introduced evidence to the effect that the
prosecution was the outgrowth of ill-feeing
of the girls father towards respondents
mother, resulting from refusal on her part
to accept him in marriage The jury found
the respondent guilty. Exceptions were
taken, but were waived and sentence was
passed. The respondents counsel urged
the clemency of the court in view of the re-
spondents age, he having only Just turned
sixteen at the time the offense was com
mitted. Counsel for the state did not
strongly oppose the position of respondents
counsel, and the court sentenced Miller to
imprisonment in the house of correction at
Rutland for the term of eighteen months.
1t was understood that the recommendation
to the clemency of the court was endorsed
by the jurors who tried the respondent q.
S. Stanton, assisted by III. A. Huse, prose-
cuted. j. ii. Senter and W. A. Lord de-
Tended.
State US. Henry G. Smith.-This was a
prosecution under the liquor law for an un-
lawful sale to one A III. johnson in Octo-
ber, 1890. This witness testified that he got
drink Of whiskey at the place kept by the
respondent, on the occasion referred to. He
thought another man served him, and could
not swear that respondent was present.
The respondent Smith, while admitting
that he kept saloon at the time in question,
denied selling TO the witness. The Jury
found respondent not guilty. States Attor-
ney Stanton and John G. Wing for state; j.
III. Senter and w. A. Lord for respondent.
The case of State US. Spau ding, liquor
prosecution, was expected to be tried Mon
day, but respondent pleaded guilty to two
first offenses of selling
Clark b. Roberts filed pleas of guilty in
cases, State Us. Roberts, for keeping nui-
sance, and was fined 800 and costs. The
place described in the complaint was de-
clared nuisance and ordered closed. State