The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1892-04-06
Washington County Court.

was put IN by tne state tne respondents
counsel objected to any evidence that the
respondent sold cider. They said the in
dictment set up the sale of intoxicating
liquor" and they were there to meet the
charge so made; that the law did not make
cider an Intoxicating liquor" and, fur
thermore, that it was lawful to sell cider.
The court ruled that it was perfectly lawful
for any farmer in Vermont to sell his cider,
and that he did not, in so doing, break the
law, unless he sold it at a tavern or saloon,
or at a place of public resort; that il a
farmer made his farm-hou a place of pub
lie resort, and peddled out fermented cider
by the glass or pitcher, he violated the law
in so doing. Thereupon the evidence was
admitted, and disclosed some thirty cases,
mostly of sales to youths from eighteen to
twenty-five or three, who used to frequent
the respondents house and go to his sitting
room and call for pitcher of cider paying
therefor ten cents. Most of the witnesses
agreed that the cider was fermented cider.
One witness said it wasn't "fermented,"
but that it had probably worked some
Others thought it was fermented, from the
effect it had upon them-and in one in
stance it appeared that youth who had
partaken of some of it, at the respondents
became intoxicated. Several of the wit
nesses stated that the cider they had was
sweet cider. 1t also appeared from the evil
denCe OF most of the witnesses that the re-
spondent was a farmer in Fayston: that he
had large orchard and a great many APP
pleSi Jue surplus OI WHICH ne MADE into Cl-
der, he owning and operating small cider
mill for that purpose. 1t was urged on the
part of the respondents counsel-and the
court held the position to be well taken
that the jury could not convict unless it was
shown that the respondents place was
place of public resort within the meaning Of
the act of the legislatures that from a show
ing of only some twenty visits to the place
in three years it could not be said to have
been place of public resort. The states
attorney claimed, in answer to this, that the
testimony was abundantly strong enough to
show the place was resorted to for the pur-
pose OF drinking cider. The jury returned
verdict of guilty of twenty-six first Of
fences 1t is the purpose of Judge Thomp-
son, carrying out plan adopted by the
supreme court, to sentence the respondent;
but the court have as yet not been able to
agree as to what the sentence should be.
1t may be fine ranging from $3.50 90 up to
S2,60OOO. The extreme penalty of the law,
II administered would be imprisonment for
the term OF about twenty years, in case the
maximum fine were imposed and the fine
not paid. A. g. Fay assisted States At
~torney Stanton in the prosecution, and John
H. Senter and Lord & Boynton defended.
The case goes to the supreme court.
State V. Ebert O. Levanway.-This was
an Indictment for intent to kill and muir
der one O'Neil. The indictment was found
by the grand jury at the last September
term. The evidence on the part of the
state tended to show that on the night of
Saturday, January 81, 1891, one James
| O'Neil, and Charles Kirkland, who accom-
panied him, started out for an evenings
bout " at various bar-rooms and pool
rooms, and places where a game called
pigeon-hole was INDUCED in. They
were about at these places, and on the
street. In front of Jacob Robinsons, near
the Union house, on Main street. Mont
pelier village, these men met the respond
ent. Levanway, who had with him his cousin
and brother. The parties had some talk
about wrestling, and Kirkland offered to
in Montpelier The respondent offered to
take the bet" and produced $1,000 or
$500. Kirkland said he hadn't his money
with him, but that he had a handbook and
some money at his boarding-place, and
would go and get it and put up the money;
and he started, with the purpose of so doing.
Soon after he left, the Levanways passed
on, leaving O'Nel standing on the street at
the place of the meeting and discussion.
Each of the parties then went on a tour,
visiting various Montpelier olives" At
one time they were in the same place, but
not in the same part of the building. At
about haf-past twelve, when, as they
claimed, both parties were on their way
home, they met again at the Union house
corner, on Main street. Som remark was
made by one of the party in regard to their
previous talk--about wrestling-and Kirk
| land then invited the Levanways to see his
handbook, and asked them to step out to
light in front of Corry's fruit-store and look
at it. One of the Levanways informed him
that the book was "no good" The evil
dence of the state tended to show that there
was little, if any, other talk, and nothing
occurred to indicate ill-feeling on the part
of anybody; that suddenly some one struck
O'Neil heavy blow upon his back a little
below his right shoulder blade, and about
two inches from his spine; that at this first
blow O'Neil knew nothing about who
struck him; that thereupon he turned to
see who his assailant was, and was struck
over the head with knife, intiicting a
wound parallel with the forehead, and about
an inch from the forehead back into the
hair, four inches and a half long, cut clean
to the bone the whole length. O'Neil swore
that the second blow was struck by the
respondent, and that thereupon he knocked
the respondent down and ran towards the
bridge on School street; that soon Kirkland
and some one else came where he was
standing, near the bridge, bleeding pro-
fusely from the wound on his head. They
went to DR.. Chandler, who dressed the
wound on the head AT this time ONeil
was not aware of having received any
other wounds, only he felt a numbness in
his back, where he had been struck blow
From DIR. Chandlers he went home, and on
undressing, TO retire, he found that the blow
on his back was a stab with knife, OF
some sharp instrument, which had made a
wound two inches and a half long, and
two inches deep, cut clean through his over
coat and other garments. Kirkland and
o Neil both testified they had had nothing
to drink in the way of intoxicating liquor;
that they had been in several places, but
only to get cigar or play at pool or pigeon
hole. The version of the affair given by
the Levanways was substantially the same
as that given by the states witnesses down
to the time Kirkland invited inspection of
his handbook From that point there was
a variance. Respondents testified that after
the remark about the book being no good,
by one of the Levanways, Kirkland said,
You had better sneak" and O'Neil re-
marked he could lick the three of them"
About that time the three Levanways
claimed to have been knocked down by
some one, neither of them knowing who his
assailaut was. The respondent testified
that when first struck he was standing on
the portico of the Union house, and, after
receiving the blow, found himself in the
street, about twelve feet distant, with two
men on top of him. AS he arose to his feet
some one stabbed him in the left arm, max
ing wound about quarter of an inch
J deep. That thereupon he took out his jack.
knife to defend himself and while he was