The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-02-19
SUPREME COURT.
SUMMARY OF CASES Considered.
ADO URNMENT TO MARCH, O.

Below is given summary OF the cases
considered by the Supreme Court of Yer
mont since our last report. On Wednesday
last an adjournment was taken to Friday.
March s, when decisions are to be rendered.
JAMES o. FoLLETr v. JOHN @. SUBWAY.
Judgment for defendant in Windham
County Court was affirmed.
DELLA PARSONS v. GEORGE PARsoSs.-
The marriage Of the parties was annulled in
washington County Court, on the ground of
fraud by defendant in procuring the mar
riage. A majority of the court directed
that the decree be affirmed.
JOSEPH DREW v. j. o. DREW, APT
From Orleans county The question in the
for the sale Of the stays upon which plaintiff
had chattel mortgage. Judgment in IA
vor OF plaintiff affirmed and caase re-
manded.
M. MASON, f. II. DEwARr. MRS. B. ID.
HoYT ET AL. v. Town OF ST. ALBANs AND
VILLAGE OF 81. ALBANs.-The Judgment in
county Court accepted the report, estab-
lished the road and ordered the same to be
worked and opened by defendant town.
Judgment affirmed.
STATE v. FRED BRUoE.-Responden was
convicted in Washington County Court Of
breach OF the peace, and is now serving
out his sentence of four IL onths in the
House of Correction. Judgment was rem
dered that there was no error in the court
below and respondent takes nothing by his
exceptions.
STATE v. LYDIA A. STEvENsoN.-The re-
spondent was indicted for abortion and
manslaughter in six counts. The last two
counts, charging manslaughter, were with
Drawn by the states attorney at the trial in
Franklin County Court. The Jury returned
verdict of guilty. The evidence disclose
that on January 20, 1895, Miss M. Estells
Houghton, age twenty years, died at the
dwelling-house of the respondent in st. AL
bans, and, in the opinion Of the three
physicians who held an inquest that
day at respondents house on an au-
topsy. on the body of deceased, Miss
Houghton's death was caused by peritopitis.
Deceased formerly lived in Swanton with
her parents but had taught school in Fair
field. On January 10 Miss Houghton left her
home and went to st. Adams for the pur-
pose OF visiting friends and acquaintances
The respondent denied ever administering
any medicine to the girl. The respondent
demurred to the indictment and took ex-
ceptions to the charge and to the sufficiency
of the evidence. States Attorney 1. NJ
Chase and G. A Ballard for state; G. g.
Austin and +. w. McGettrick for respond
emit.
In RE ROBERT FITTEN.-A habeas corpus
case The relator was convicted of perjury
at the May term, 1891, of Windsor County
| Court, and sentenced to ten years in state
prison. The commitment was made June
II, 1891. April %, 1891, relator was in
county Jail upon warrant of commitment
issued April g. 1891, for contempt Of court
for giving mortgage on certain personal
property which he had been enjoined from
selling or encumbering in divorce proceed
ings, which his wife, Helen NJ, had insti-
tuted Attempting TO break Jail, he was,
May 8, 1891, for that charge, bound over
for trial, and for lack of bail was committed
on mittimus to the same Jail. At the
same term OF court he was convicted of the
attempt to break Jail and sentenced to two
years in state prison. The relator was
never rearrested ON the Indictment for per-
jury, as he was in Jail at that time. He
now claims that he should have been re-
arrested, and, as he was not, claims his dis
charge. He had previously been extrsdited
from Troy N. Y. The state claims that IL
was not necessary, under the circum-
stances, to arrest him, and also that il an
error was made at trial the relator should
have insisted upon his exceptions, as the
writ OF habeas corpus is not the proper
remedy. The relator argued mis- own case;
W. w. Stickney for the state.