Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1894-05-31
TO CONVENE AGAIN JULY ~.
Supreme Court Adjourns After Render
ing Several Decisions.

this forenoon. The Probate Court of Chit
tenden county decreed an equal distribution
of the Wait Hurlburt estate among his three
children. AS one of the children, Edmund
w, was reputed to be dead the appellant
appealed from the decision of tho Probate
Court. II appears that the said Edmund
w. Hulburt had been living in reckless
way and when last heard from was at
Devils Lake, Dakota, Aug. 2j, 1884, when
he disappeared and nothing has been heard
of him since. His wife obtained divorce
from him and obtained decree for ali
mony and is the party interested in max
ing this defence. His father, Wait
Hurlburt, died Doc. 4, 1884 The
jury decided that said Edmund was
alive at the time of his fathers decease.
The question here is as to whether general
reputation in the family as to the fact of
the death was admissible. The County
Court excluded testimony of that character.
w. p. Burnap and Henry Ballard for the
appellant, A. V. Spauldng and w. 2. Dill
lngham for the defendant
Eleanor Siberian VS.. Caleb NJ. lockwood
is an action of ejectment. The judgment
of Chittenden County Court was that the
plaintiff was entitled to the possession of the
premises, which is tenement in Burling
ton and also to recover 1872 81 damages and
costs, and a motion for n certified execution
was granted. The defendant contends that
the court had no power to grant certified
execution in an action of justice eiectment.
d. j. Foster for the plaintiff and NJ. II.
Alexander and 4. V. Spaulding TO: the de-
PENDANT.
State VS. Eddie Hollenbeck was argued
this afternoon. Respondent was convicted
of rape at the last September term of Chit
a.
yenrs at hard labor at the States prison at
Windsor and fined the costs OF prosecution
of 224 80, and mittimus was reissued. The
admission of certain evidence at the trial in
favor of the State furnishes the ground of the
respondents case here. States Attorney
j. e Cushman for the State and James A.
Brown for the respondent.
Town of Jericho VS.. the city of Burlng
ton came from Chittenden county and was
argued this afternoon. 1t was brought to
determine which Of the litigants should be
at the expense of maintaining pauper.
Defendant obtained a verdict in County
Court. NJ H. Alexander for the plaintiff
and City Attorney f. b. Taft and Roberts
&, Roberts for the defendant
MONTPELIER, May 24.-The case of VIII
lam Casey vs. J. B. Thompson. John Max
well and Richard Brown is n petition for a
mandamus and is from Washington county
The petitioner resides in Fayston and al
leges that he has three children of school
age and that when the school law of 1892
came into operation the school directors of
Favston, who are the defendants in this
case, discontinued the school i'll his district
and refused to support a school nearer than
- miles from where he resides; and that
they also refuse to furnish transportation
for his children to and from school. The
question is whether the matter of transpor-
tation is entirely matter of discretion with
the school directors, or if they can be com
PEELED to furnish it. f. f. Palmer for the
petitioner and George w. Wing for the de-
PENDANT.
In State VS.. Eddie J. Hollenbeck, which
was heard yesterday, the court this morn
ing reversed the judgment of the County
Court and vacated the sentence and re-
manded the case for a new trial. The
respondent was given into the charge of the
| sheriff of Chittenden county.
In State VS.. Napoleon Va!well, from
Caledonia county, the court this morning
| decided that there was no error in the pro
ceedings OF the court below and remanded
the respondent to the States prison at
Windsor He is under a sentence Of two
/
The case of Albert F. Lane VS.. George
Scagel was argued this forenoon and is an
action on the case for negligence. from
Franklin county Plaintiff at the time of
the accident was carrying on the business of
dealer in books and stationary, and claims
| that the defendant SO negiigently used a
certain faucet connected with the st. AL
bans water works as TO iniure his goods.
| Plaintiff obtained verdict i'll County Court
of S2Jl. 30. The question here is as to the
charge of the court II. 6. Adams appears
for plaintiff and Willard Harrington and
George Ballard for the defendant.
Philo &. Camp ct al. VS.. village of Barre
| is Washington county case and was argued
this afternoon. Plaintiffs brought suit to
recover damages resulting from the village
trustees causing plaintiffs sewer to be dis
connected from surface sewer into which
it emptied, and, heavy rains following, ii
resulted in flooding plaintiffs cellar. Mar
tin & Slack for plaintiffs and j. w. Gordon
and X. A Hoar for defendant.
II. A. Perkins Versus o. F. Cummins
The mandamus petition of r. A. Perkins
| vs. o. f. Cummins was heard this after
noon upon an agreed statement of facts
from which it appears that petitioner is a
resident and citizen of the city of Rutland
and defendant a justice of the peace in Rut-
land county, and that before him there
has been tried and disposed of number OF
prosecutions instituted by J. d. Spelman a:
special prosecutor for violation of State
laws; that on May A, 1884 defendant, as
justice, heard and determined three OIL
four causes upon complaints instituted
by said Spellman as special prosecutor and
such hearings were public. Complainant
on said May went into Office OF
defendant and demanded permission of hin
to inspect the files and memoranda which
had been heard and determined on sale
May 4, and permission being refused he of
fered to pay reasonable fee to defendant
for his services, which defendant refused
However, at that time, defendant offered t.
deliver certified copies of his records upol
complainant paying him the statutory fe,
therefor, which complainant declined TIT
question here is whether complainant is EN-
titled 10 inspect the original records. II. A
Huse presented the complainant case t.
the court. T. W. Moloney appeared for tn
defendant.