Middlebury register. (Middlebury, Vt.) 1886-1937, 1894-12-21
ADDISON COUNTY COURT.

= ADDISON COUNTY COURT. ~
The December term of the county court
closed last Saturday morning.
The case of State V. Ford Capen.
charged with an assault upon Jared l..
Jones in Goshen, was on trial when we
went to press last week The case was
got to the jury Thursday evening and
they quickly brought in verdict of
guilty. Capen was fined S25 aud costs,
which he paid and was discharged.
Ihe divorce case Of Abbe ID. Harlow
v VIM. II. Harlow was then heard.
These people were married in Brandon
in 1883 and went to Hancock to live.
Harlow went West in lSS, and has never
since been seen in Vermont. He rovcd
about in Kansas, Missouri and other
western States, preaching and teaching
music, and occasionally sent his wife II
little money. amounting in all to about
$50, the last remittance being in Novem-
ber, lS93. The bill was granted for will
lul de,ertion and the custody Of the mi
nor child and about $500 coming TO llar-
low from his fathers estate were decrpcd
TO the petitioner. Lawyer +. II. Edgcr-
ton of Rochester appeared for Mrs. liar
low ana there was no defense.
Friday morning the decision was an
nounced in the divorce case of Philiuda
BuShey vS. Henry Bushpv. heard the pre-
Vious forenoon. The bill was granted
on the statutory ground that Bushey had
been sentenced T." State pri on for Il long
er period than three years, but The pray
er for alimuuy was refused for the reason
that Mrs. Bushey had left her husband
before he was sentenced TO State prison
or had committed the crime for which he
was so imprisoned.
State V. William Spcyer was taken up in
the middle Of the forenoon. This was on
an iAfornatiou in which Spever. who
lives on South Main street in this village
was charged with maintaining IA nuisance
10y keeping pigs in Il pen wi min 100 feet
of an inhabited dwelling house, contrary
to the regulations of the State board of
health made in accordance with powers
conferred upon them by the legislature
Button u Button represented the defend
ant and W. II. Button argued Il demur-
rer, claiming that the law under which
the complaint was instituted was un-
constitutional, for the reason that the leo
islature had delegated to the State board
of health powers which were purely ley
iSlative and therefore could not be dele
gated to any other body The demurrer
was OVerrulpd. Three witnesses were
ilNdlb WI Nllt Dlblfs HuullNldiNIN t~ldDllSIl-
ing the facts alleged, and no evidence
was put in for the defense. The respond
ent'S counsel moved that the jury be in
structed to acquit on the ground that the
notice was insufficient. ami this motion
was also denied. No arguments were
made and Judge Tyler said only few
words to the jury. lney promptly re-
turned a verdict of guilty without leaving
the box. \ motion was then u ade to set
aside the verdict ON the ground thai the
Information aud notice were Insufficient
This. too, was denied. The proceedings
were almost entirely pro fOrma. as the
case was bound to 90 the supreme court
on exceptions to the overruing of the
demurrer, and for that reason there was
AN arrest of Judgment
Frederick Hopper V. Margaret G.. kOp-
per came next. This was another divorce
case and the familiar charge of desertion
reappeared. MIR. Hopper is the owner of
the Lake Dunmore Ilouse, summer ho-
tel in Salisbury, and he and his wife lived
there and in New York for a number of
years before she LETT him, eight or nlne
years ago. They have three children.
the youngest Of " HON is | / years of age
The lady is now supposed to be living in
New \ Ork. After hearing TWO witnesses,
the court granted the divorce on the
ground Of wiful de>ertiun. EX-Gov.
Ormshpe was Mr.. kopper's attorney and
no defense was made.
State V. Andrew Hoy was begun next.
This case rested on an Indictment
brought at this term, and the respondent.
Il young fellow from Bristol, was
charged with open and gross lewdness
ana lasciNlOuS behavior at Bristol in
August last. The evidence was of such
nature that the public were excluded
from the room. The testimony took up
most of the remainder of the forenoon
and the arguments were made after din
ner. The pleas were brief and the
courts charge occupied only u minutes
The Jury were out three quarters of an
hour and then came i'm with verdict of
guilty.
just before the noon recess another di-
vOrce case was heard 1t was Emma
Doty Y. Horace poty and the ground
alleged was iutOlerabe severity. These
parties were married in Stark boro in
1883 aud lived alternately in Lincoln and
Bristol. 1t was not long after the mar
riage before Doty began to abuse his
wife. He got into the habit Of pounding
her, kicking her and choking her and to
vary the monotonY at times struck her
over the head with clubs aud hay forks.
lie never bought her as much as one
garment or a yard of coth Ia make her
a garment and in all had given her Just
% cents in money, while she had fur
nlshed hlm with money at different
times. Two years ago this month he
left home and is understood to have since
been living in Massachusetts. The in
tolerable severity was more than abun.
dainty made out, and the bill was grant
ed on that ground. She was also given