Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-01-07
SUPREME COURT CONVENES.



Gases Heard.
The Supreme Court opened in this city
Tuesday morning at o'c'ock, with Hon.
Russell s. Taft presiding judge and Hons.
j. w. Gowell, Lovelaud Munson and II. Il.
Start associate judges. The docket was
called aud owing to the sickness Of some OF
the attorneys, it is probable that court viii
take II recess after hearing what causes are
ready. until February II when these cnuNes
will be heard: State w. Philip Bedard,
state vs.. Frank Wilkins and Charles Blow,
State VS.. Thomas Baker and state VS.. f.
II. White
The case of George Demo against Harry
Thomas apt, was then taken up and heard.
1t is an action OF trovor. Demo had
a horse of Thonos's in his possession
on trial with view 10 purchasing and while
the horse was still in his pos ession
he was trusted in favor OF c. H. Blolgett.
When thomas went for the hor'e ut the OK
piration of the time for trial, Demo claimed
to own the horse and has his evidence tended
to show notified Thomas that he Ind lie N
tru,el; thereupon TIL ,!nas took the horse
away. The case was heard at the Septem-
Der term of County Court and the jury found
that the horse was Thomrs'a but under in
5truct on, from the court rendered a verdict
the papers. A. V. Spading and II. i.
Wocott appeared for the plaintiff and j. 4.
Brow an Seneca lIasclton Tor the defendant
After the noon reces5 the case of Byron
\. Austin against Henry Bailey ct ais, was
called. This suit arose from IN acton OF
trover to determine which had priority, -
the plaintiff lien for breaking and epin5
horse, or the lien OF defendant Bailey by
virtue OF a Cnat,le mortgage. Court took
the papers for deliberaticn and recess VIZ,
taken until this moruing
The habeas corpus case to determine the
legality Of the Imprisonment Of Luc!us y.
Irish for refusing to make q sotIsfactor,
disclosure before the Justice will probably b.
heard to day. The question at issue
whether the justice could compel disclosure
before tho rclator, Irish, had been foun:
gully Of iEtoXlC ltlon.
Tho case of the town OF Jericho VS.. the
town Of I'ndorhill Will also DO heard. tn
point at issue is whether or not the ju'ti',
VINO tried the case was disqualified on the
ground Of his being Interested.
The case OF L. k. Hard, admr., Va. the
Central Vermont railroad company ha,
been postponed by the mutual agreement OF
counsel, OF account OF the illness of c. a.
Prouty until the February term of the Su-
Ross and Judge Tyler, who were to sit on
this particular case, will therefore not be
here. f. X. Hard, ex-Gov. w. p. DiIlng
ham and c. NJ. Wiids, are counsel for the
plaintiff and c. w. Writer'S, C. a. Prouty
and Henry Ballard for the railroad com
pany
AT the opening of the Supreme Court Wed
IL eslay morning at O'Clock the case of Ed
ward Nearteau against the estate of Joseph
Bacon was called and the hearing occupied
the attention of the court until about i
O'Clock 10 the afternoon, This is perhaps the
most important liquor case ever heard i'll
Vermont. 1t involves point of law which
has not been decided 10y the supreme Court
II i, an uctlou to recover back money paid
or liquor that was purchased to sell again.
Iearteau was retail dealer in inoc5Ei
aud Bacon u Wholesale dealer in this city
| The case was heard at the last term of Coun-
| W Court, at which Time after the plaintiffs
/ had introduced their testimony, the couu sci
| for the defendant req lested tie court to or
der the Jury to return a verdict for them
on the ground that the liquor pur-
chased in violation of the law to sell again
that the plaintiff was equally guilty with
! the defendant and therefore could not re-
| cover. The court refused however, and
| lne Jury TentlbTcu u NtIulcU OIL SJJi " LOT
the plaintiff The case in which Yearteau
seeks to recover IRON tie estate tor the board
ing of Joseph Bacon's iileg llimate child was
argued III connection with the liquor case.
| lie latter case was beard before NJ. A.
Bingham MS referee and he rendered in favor
of the plaintiff for some $1,000.
ne habeas corpus proceedings Of Luciu:
! II. Irish were then taken up and heard. The
case was recently heard before Judge Taft
and continued to this term. Irish wa.
brought before Justice Davis for intoxca
ton some months ago and called upon tc
disclose. On refusing to make proper dis
closure he was committed to Jail. lrl-l
claimed that he should have been convicted
of being intoxicated before called on to dis
close, though he admitted tho fact of intox
cation found by The justice aud admitted
! by Judge TAFT States Attorney j. f.
! Cushman and j. ". Russell appeared fol
the State and NJ. H. Alexander for Irish.
nun ihNTOM EhCEn