Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-12-15
COUNTY, COURI,
Horner Says That He didn't Vote For
Town RcprehantntiYa

| arson was resumed IN county court WeuneS-
day. The State called as witnesses Moses
| Murray, assistant engineer OF the Burling-
ton fire department, Joseph Benoit and Mrs.
| John Cameron, brother and sister Of the
owner Of the burned house., Oliver Lamora,
| Officer Mckenzie, Fire Insurance Agent
Kendall of Worcester, Mass, Gen. T. s.
| Peck and the following clerks in his insur-
ance office: A. II. st. Pierre, a. #. Ros-
senu, W. l.. Foy and Miss L. b. Trick.
| The insurance people were called with ref
| erence to the issue Of policy to the res
| pendent and the others with reference to
the time of breaking out and location of the
| fire, portion Of the building burned aud
articles saved. Several testified as to state
ments made by respondent after the fire as
to whether he was insured and as to the
amount and value of property burned.
States Attorney Cushman appeared for
the State and j. A. and r. T.. Brown for
! the respondent.
County Court assembled at the usual
time Thursday morning aud the arsou case
of State vs. Peter Lorraine was continued.
| The first witness was Matilda st. German,
who testified that Lorraine and his family
came to her fathers house at 630 p. IN.
| the day of the fire; that they remained there
until morning except that Lorraine and her
father went down to a sewing machine office.
! Sho testified in relation to the conduct OF
| Lorraine at the time Of the Ere and the
night referred to. Mrs st. German was
put upon the stand and corroborateI the
testimony of Miss German. Officers Ora
ton and Cayea testified as to the extent Of
| the burning of the house and its size. City
Engineer Mcintosh gave the mea suremsnts
he made as to distance OF the hou7e from the
railroad track, etc. Joseph Benoit testified
| l.,,.,t ..-t., ~ IL.
when he gave tbs alarm. The evidence Of
the State closed at 3 o'clock. Counsel for
the respondent moved that a verdict of not
guilty be ordered and after arguments,
Judge Thompson sustained the motion and
directed the jury to return such verdict,
which was done and Lorraine was dis
| emerged
The attention Of County Court Friday
was given to the case Of State VS.. Victor
Horner for illegal voting in voting for town
representative in Underhill. The prosecu-
! ton claims and introduced evidence tend
| ing to show that during the three months
preceding election, his legal residence was
not in | nderhll but Barre. A large num-
! Der OF Witnesses were called.
The claim of the respondent does not fully
appear, but from what was developed on
cro3s-examinaton it is probable 1t will be
|
| and that he was temporarily in Barre do
| ing a job with his team.
! a $3.50 O'Clock a recess was taken until
this morning to allow the State to get few
more witnesses and sone documentary evil
dence which was not at hand.
States Attorney Cushnan and NJ. H
| Alexander appear for the State and V. A.
! Billiard aud Hon. ID. j. Foster for the re
! sponGent.
he case Of State against Victor Horner
| for illegal voting for town representative
! in Underbiil was continued in County
| Court Saturday. The State improved OF n
few witnesses, after which the defence took
the case and put the respondent on the
stand. He testified that he was informed
before election day that he would be prose.
cuted il he voted for town representative;
that he made up his mind not to vote for
representative and only voted for governor
and ACKNOWLEDGEMENTS. After the ex-
animation of one other witness it being 1890
o'clock, Court took recess until 2 o'clock
Monday.
County Court assembled at > o'clock
Monday after the recess for Sunday and
the case OF State VS.. Victor Horner was re
sumed. The respondent introduced the
testimony of a. L. Davis OF Barre who
testified to the conversation that passed be-
tween Horner and one Woodbury. of Barre
relative to the rental of a house. This closed
the evidence. BY consent o; counsel for
State Mr.. Ballard was allowed to make the
opening argument in order that he might
leave on the 4:25 train to attend the La
noble County Court at Hyde Park. lie
was followed by NJ II. Alexander for the
State and D. J. Foster for the respondent.
AT the conclusion OF the latters argument
court took a recess for the night
TIE cases OF State vs. wilkins and Blow
which have become somewhat famous, the
respondents having been convicted of rape
at the September term Of County Court in
1891, were continued. The case was car
ried to The Supreme Court on exceptions aud
it was sent back for new trial because
of an error in the charge Of the presiding
judge. In consideration Of the continuance
it was stipulated that they would be tried
together wherever and whenever heard.
At . o'clock Tuesday morning County
Court came in and States Attorney Cush-
man began the closing argument in the case
of State VS.. Victor Horner for illegal voting
for town representative. lie finished al
1890 and after a five minutes recess Judge
Thompson charged the jury substantially "a
follows: Tue check list kept at the free.
mems meeting showing that Horner voted
the representative ticket was not conclusive
evidence that he did actually vote for rep
sentative notwithstanding that he received
an official ballot for representative, passed
in to the BOOTH out, and deposited he same
with the presiding officer; and heard
the announcement of the presiding officer to
the effect that he voted such ticket; but
that the check list was evidence winch tend
cd 10 show that he voted for representative;
that his standing by and hearing the pre-
siding officer make the above announce
was evidence which also tended in that di-
rection; that voter had a right to procure
OF the ballot clerks official ballots and de-
post them in the ballot box without mark
ing the same, aud that if they did SO they
did not vote within the meaning of the law
that if Horner deposited blank ballot fol
representative, as he swore he did, he wa.
not guilty; that il the respondent lived in
Barre with his family, as the evil
dence tended TO SHOW, for tire,
months preceding the September
election he was voter in Barre and not IN
Underhill, notwithstanding that he may
have intended to retain Underhil as his