Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1895-06-27
Windsor County Court.

The court issued writ of habeas cor
pus and Robert Fitton was brought be-
fore the court by e. w. Cakes superin-
tendent of the state prison on the 2lst
inst. and had hearing as to the legal
ity on his conviction and sentence to
ten years hard labor in the state prison
for perjury. The point made by the
prisoner was that he was brought into |
this state on a charge of larceny, from |
New York, that pending those proceed
ings, he was arrested on this charge of
perjury. Subsequently, he was brought |
before Judge Wheeler of the u. S. Cir
cult court and discharged and allowed |
"a hours in which to leave this state.
Fitton and the state of Vermont both
appealed to the u. S. supreme court,
but neither appeal was ever heard. Fit
ton entered his appeal and it was dis
missed and he did not leave the state
within the "a hours. During the pend
ing of these appeals Fitton was COM
mitted tojail for contempt of court and
while in Jail attempted to escape by
saving off the bars. While thus held
and without any formal re-arrest he
was brought into court and tried and
convicted of perjury. He vigorously
objected to trial at that time, but the
court Over-ruled his objections and pro-
ceeded with the trial. Exceptions were
taken but never prosecuted to a hear
ing in the Vermont supreme court. w.
w. Stickney represented the state in
this hearing on habeas corpus and
claimed that Fitton was concluded by
this decision of the county court and
that by recent decisions of the u. S.
supreme court it was lawful to try Fit
ton for different offence than the
charge on which he was extradited
Judge Wheeler had held. to the con-
trary. w. G. French appeared for Fit
ton and claimed that there never hav-
ing been re-arreat after the decision of
Judge Wheeler the responC ent is en-
titled to his discharge. The court
denied the prayer of the petitioner and
surrendered him to the custody of the
superintendent of the state prison, to
serve out his sentence.
Other criminal cases were disposed of
as follows: Henry Bundy of Bethel,
was allowed to go free On his own
recognizance. Edwin Durfee, alias
George Waters, young man of some
% yrs of age, rather prepossessing in APP
pearance and well and neatly dressed,
plead guilty to the charge of assault
with intent to commit rape on girl of
ten years, at Barnard last winter. The
court sentenced him to three years of
hard labor in the house of correction
and fine of one dollar and costs. The
states attorney entered a nole prosequi
in the case of B. F. Beardsley charged
with practicing medicine without a
license; in the case of Merle Sawyer
charged with larceny of a pair of gloves;
and of Horatio p Abbott charged with
assault with intent to commit rape.
Town of Springfield VS.. town of
Chester. This case brings up an i'm
portant question under the pauper laws
of this state. The Wiley family were
chargeable to Chester up to 1889, that
being the town in which Mr. Wiley
had last resided for three years support
ing himself and family. In April 1889
the family removed to Springfield and
in August small place was bought for
500 and the title conveyed to Mrs
Wiley, and $50 mortgage for part pur-
chase money was put on it. The fam
lily became needy and Springfield aided
them in 1890, and Chester repaid the
amount. Chester aided them in the
spring of 1891 and Springfield aided
them in the fall of 1891, but Chester
refused to pay that bill, acting under
then recent decision of the supreme
court that the town where the pauper
actually lived, must render the aid.
The Wileys were helped out of the
Campbell fund by the agents of Spring
| field, in 1891 and 1892 After the pass
age of No. 55 acts of 1892, Springfield
gave the required notice to Chester and
again aided this family and called on
Chester to pay the bills, S14.50, but
Chester declined and claimed that mas
much as the wife owned an equity in
this real estate, however small, the
Wiley family could not be paupers,
that they must first exhaust all their
property before they could be helped by
Springfield as paupers. No decision
announced. j. w. Pierce and G.. A.
Davis for Springfield; George L..
Fletcher and William E. johnson for
Chester.
Cases were heard on reports but no
decision announced. James G. Bates
VS.. S. w. Bryant, Batchelder and John
son for plaintiff; }. G. Enright and G..
A. Davis for defendant. In re estate of
Martin Diggins, G. A. Davis and A. M.
Allbee for William HI. Cobb, admins
traitor; w. w. Stickney and j. G. En-
right appellant Henry S. Bowen.
David W. Cheever, Apt. VS.. Clyde D.
V. Hunt, book account, nonsuit for
want of bail. William Batchelder for
plaintiff, G. A. Davis for defendant.
Divorces were granted for wilful
desertion in the following cases: Myron
B. Ackley from Kate M. Ackley;
Charles A. Butler from Gertrude L..
Butler; George F. Cady from Flora NJ.
Cady; Matilda Casey from Thomas