Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1896-02-06
SOME SENSATIONAL CASES
Brought From Washington County Before
tn. Supreme Court.

Montpelier, W., Feb. 5.-Eleanor Shee-
ran VS.. George l.. f. Sparhawk, apt. was
the first case taken up in the Supreme
Court this morning and was the last case
heard from Chittenden county. 1t was an
action of debt on recogn1Dance. The
plaintiff demurred to the defendants plea
and the demurrer was sustained and the
plea adjudged insufficient, and judgment
was rendered for the plaintiff, to which
the defendant excepted; so that the ques-
ton for the Supreme Court is one of
whether the defendants plea that the
plaintiff had caused the bail to he COM
mitted to Jail was bar to the action
the County Court having ruled that it was
not, this being the point TO which the ex-
ceptions were taken. Hon. ID. j. Foster
appears for the plaintiff, Spaldng and Bal
lard for the defendant.
State of Vermont VS.. Fred Bruce was
the first case heard from Washington
county 1t appears that some time in the
year 1894 the respondent committed an
assault upon one Herbert A. Rugg of
Barre, and upon complaint OF Town Grand
Juror Osmon =. Boyce, Bruce was ar
ragned before Justice Jackson and was
charged with a breach OF the peace. The
case was continued by Justice Jackson
from time to time for a space of about IA
months, the grand juror, Mr., Boyce, dy-
ing during that time. At the time the
=
''got wind" that Investigations were being
made, and for some reason City Grand
Juror Daniel II. Bisbee was called in be-
fore Justice jackson to prosecute the old
charge against Mr.. Bruce. Bruce pleaded
guilty and was fined s. and costs: but the
grand jury filed an indictment against Mr..
Bruce for the Identical offence he had
pleaded guilty to at Barre before Justice
Jackson. When the officer went up to
Barre to procure the attendance of Mr..
Bruce upon the County Court, he told the
officer that II was all settled and therefore
no need of his coming down to Montpelier,
but the officer didn't see 1t so. and took
Mr.. Bruce along with him. In the County
Court Mr.. Bruce's attorney, John w. Cor
don, pleaded the prior conviction at Barre
In bar of the present case. The court after
looking up the matter carefully, con-
cluded that prior conviction should have
different aspect and ordered the case to- be
heard. The respondent excepted to the
ruling of tn court in this respect. Upon
trial the respondent was convicted and
sentenced to the House of Correction for
the term of four months. He furnished
bail in the sum of $500, but did not ask
TO nave execution stayed and went to the
House of Correction. his term at that
piace being nearly worked out. The Of
| fence consisted in forcing his way into the
fair grounds at Barre, where Mr. Rugg
was holding a horse trot. lie knocked Mr.
Rugg down by pushing In the gate and
pounded him afterwards. From outside
inferenoes 1t appears that Mr.. Bruce is
merely the agent OF other parties who are
not particularly fond of Mr.. Rugg. The
respondent claims In the Supreme Court
that the conviction at Barre was legal and
according to law; that 1t was not obtained
by connivance or fraud or for the purpose
of avoiding the indictment of the grand
jury. The State claims that the copy of
the record sent up by Justice Jackson
does not allege any conviction that a
grand juror Of the city of Barre could
not continue the prosecution of a grand
Juror Of the former town OF Barre. The
State also claims that the complaint did
not set forth where the offence was COM
mitted. It being necessary to set forth
that 1t was within the city OF Barre In
order TO bring It within nsjur1sdiotion OF
that court. In short. the State insists