Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1894-03-08

judge Of the lnitcd States District Court OF |
Vermont, was present and sat with the |
SuasSs
Tha 5.,ur, rendered decision IN the case
OF State VS. John 0 Sell Of Rutland, deny |
ing O'Neil, petition for an arrest of iudg. |
Incnt and sentencing him to a fine of 49, $50 |
and two months in the House of Corrcc- |
lion
This il the asG=t uricUo case over before |
the Vermont Courts and has been on trial |
for 12 years in one form OF another O'Neil, |
n hquor dealer in Whitehall, y. Y, sent |
liquor to Rutland in jugs. lie was arrested
in 1882. convicted before Justice Wayne
Bailey in Rutland for l5i offences, and sen
fenced to 2S,S'H days, or over ~ years, in
the House Of Correction.
Defendant appealed to the County Court
where he pleaded guilty Of 3O1 Offences re
Iucing the penalty to about 60 years. He
appealed to the Supreme Court on the
ground of excessive and musual punishment
but the decision of the lower court was af-
frmed The case was taken to the United
States Supreme Court on the plea that the
Vermont prohibitory law was unconstitu-
tona That court decided that it he'd no
jurisdiction As a last resort it was taken
back to the State Supreme Court on a mo
ton to arrest Judgement
The famous Caswcll divorce case was dis
missed. Plaintiff married the defendant in
jail, where he was under sentence of life inn
Trisonment for murder. The case was taken
TO the supreme court on the ground that a
marriage could not he valid when defendant
was legally dead The court says he was
legally dead when the marriage ceremony
was performed. There has been no change
in the conditions and they must take the
consequences.
The following decisions We're rendered this
forenoon: II. =. Seymour vs. \ c. Brain
rrd. from Franklin county, Judgment
affirmed; Admir-. Alfred Williamson vs.
Sheldon Marble Co., from Rutland county,
Judgment affirmed; Henry Lafarier VS. John
Hardy ct al. from Chittenden county, iudg-
ment reversed and judgment given to plain
tiff on verdict: Sanford Judd vs. Porter
Ballard. from Franklin county, is with the
court Londonderry vs. Landgrove, apt,
from Windham county, Judgment reversed
md cause remanded Sandgate VS. Rupert,
from Bennington county Judgment in favor
of the plaintiff affirmed; First National bank
of Plattsburgh, apee., vs. y. n. Post, apt,
from Franklin county. motion to set aside
the verdict in County Court overruled and
Judgment affirmed; Davis 81 Gay vs.. Cen
trail Vermont Railroad Co.. judgment re-
versed and Judgment for defendant to re
cover his costs James r. Langdon VS. Hor-
alto Templeton ct al. from Washington
county, decree for orator reversed and cause
remanded; Nathan Kennison VS.. d
c. Stevens from Orleans county,
Judgment given defendant in County
Court reversed and cause remanded
Rebecca f. Thompson W. National Express
company, from Rutland county, judgment
for plaintiff reaflirned: Benjamin F. Rugg
VS.. Commercial Telegraph company, from
Franklin county, decree of Court of Chan
Gerry affirmed and cause remanded: r. c.
Bowers Granite company vs.. Thomas Far
rel ~ Co., from Washington county, judg
ment as to the first count affirmed with
costs and judgment as to the second count
affirmed without costs: James w Shanks
vs.. f. T. & NJ. A. Whitney, from Windham
county. judgment for plaintiff affirmed; A.
r. Williams apt. VS.. Estateof Russell Has
kins from Chittenden county, Judgment af-
firmed and to be certified back to Probate
Court: w. A. Clark VS.. Frank Poquette,
from Franklin county, decree of the Court
of Chancery reversed and cause remanded,
with mandate that defendant redeem first
and second mortgages.
Decisions were rendered this afternoon as
follows: State vs. Edward Hodgson. in
wolves the constitutionality of the prohibi
tive liquor law of Vermont; Judgment that
bic respondent take nothing by his eXcep
tons and his motion III arrest of Judgment
overruled.
In the chancery case of George s. Chap
man vs. Addie Long and Fred Long from
Washngton-the DEGREES for orator was re-
vorsed and cause remanded with mandate.
In the case Of Pike brothers VS.. A. Nc
aiullin apt, from Orleans county judgment
"as reversed and cause remanded.
In II. w. Waterman VS.. Thomas P.
r0unty, Judgment for plaintiff was affirmed
md Judgment as to trustee affirmed but
without costs as to the latter.
In f. Landon VS.. O. $. Burton and j. G.
Rockwell from Grand Isle county, the
decree was reversed and cause romanded
with mandate that the case be referred to a
special master.
In Katie L. Hughes apt, vs.. Simeon Al
len as guardian, from Rutland county
judgment dismissinG the petition was affirm
ed. Court took a recess before the decisions
were all rendered.
MONTPELIER, March 2.--The Supreme
court has rendered decisions on the rest of
the cases heard at the last term, as follows:
Ann Bartlett vs.. George II. Wade from
Rutland county, decree for orator reversed
and cause remanded; Leonard vs. Rutland,
from Rutland county. pro forma decree for
for largest sum found by the commissioners;
George Brown vs.. Nancy Brown, from Rut-
land county, Judgment reversed aud cause
remanded to Probate court; Rebecca Il.
Thompson VS.. National Express Co., from
Rutland county, Judgment for plaintiff
affirmed; Charles Il. Coughton vs.. Howe
Scale Co.. OF 1856, from Rutland county,
Judgment reversed and cause remanded; +.
c. Whitney vs. G. y. Adams, from Ialnoille
county, decree Tor orator reversed and
cause remanded; In 70 Burleigh W. Bod
well Liza \. Bodweil, apt, from Orleans
county, decree reversed aud cause remand
ed; IN the case OF NJ. a. Bodwell, guardian,
aud l.. ii. Hubbard, guardian, VS. Ida A.
Rodwell, O. Il. Austin and W. ID. Crane,
ndm'r, decree affirmed; Isaac T. Patterson
w, Lyman h, Sriol, from Orleans county,
stay of proceedings ordered, to await the
action Of The insolvency court
In the three cases OF Stone * Wellington
VILLA T RpIip nj