Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1896-05-28
LYDIA A. STEVENSON CASE
REARGUED BEFORE THE SUPREME
COURT.
Claim tho state Should Show That tho
Operation Was Unnecessary to Save
tho Girls Life-Court Adjourn
ed Until Tuesday.

MONTPELIER, May 22.-The case Of State
VS.. Lydia A. Stevenson came on for re-
argument this forenoon. The respondent
was indicted in Franklin county for abor-
ton and manslaughter in six counts, the
two counts for manslaughter were with
drawn. At the trial and the jury returned
a verdict of guilty. The alleged offence
was upon M. Stella Houghton, young
lady of 20 years OF, age and whose parents
resided in Swanton. She had previously
taught school. Her death occurred at the
respondents house in St. Adams for
which the evidence produced by the state
tended to show that respondent was
chargable as resulting from miscar-
riage. The question upon which the re-
argument was ordered was upon the SUI
ficiency of the indictment being Whetncr
a. was necessary for the state to allege
that the abortion or miscarriage was not
necessary to preserve life rather than that
the oDerntlons performed were not ncces-
eary as alleged by tho State The young
ladys death occurred January 70 1870
Since the trial the respondent has been
confined in the county jail at st. Albans,
states Attorney ]. N. Chase and George
A. Ballard for the State. Felix McGettrick
and C. G. Austin for respondent. =.
A. a. Kendall, Dor, Il. r. Kendall ana
r. c. Davis VS.. Henry l.. Aldrich Is pc
tition for a mandamus to compel the ac-
PENDANT, who is a justice of the peace TOT
Windsor county, to compel him to correct
the copy of record of a Justice court held
at Chester, March 8 and 13, 1894, which
petitioner says is false. fraudulent and
misleading the record being that no one
appeared to recognize for bail In the mat
ter of appeal which petitioner asserts was
contrary to the fact. +. c. Davis for petit
TONERS, George l.. Fletcher for defendant
Frank w. WatlSins VS.. Wallace S. Rist
is an action in trespass. Plaintiff at the
trial in Windsor County Court sought to
recover pay for pasturing defendants
three cows and one sheep for the season
Of 1892, which his evidence tended to show
escaped from defendants pasture through
a. gap in defendants fence into the plain
tiffs pasture. Defendant claims that his
testimony tended to show the non-exist-
cnce of a gap in his fence that season
and that PLANTING fence was out of repair,
and that defendants cattle went into
plaintiffs pasture only once in a while.
At the first trial in County Court plaintiff
recovered $40 and costs. Judgment was
reversed in che Supreme Court and re-
manded. At the last trial defendant re-
covered his costs and a motion made by
plaintiff for a new trial was overrued, to
which he took exceptions. G.. A. Davis
appeared for plaintiff and w. w. Stickney
for defendant.
The B1irying Ground association OF
Woodstock VS.. John w. Bagar. This is
an action in the case brought to deter
mine what right the association have in
the cemetery in Woodstock. A lot In the
cemetery was decided to the defendant by
the plaintiff in 1866. In 1878 the lots in the
vicinity were graded up. In 1893 defend
ant was asked to fill up the lot which had
become unsightly but did not do so nor
would he deed back the lot on payment of
the purchase price. The lot was partially
filled in 1887 and on vote of the association
the filling was completed in 1924 Total
cost of filling lot being s11.34 which de-
PENDANT declined to pay on demand of the
president Of the association. Defendant
obtained q Judgment in Windsor County
Court. w. G. French for plaintiff, +. c.
Davis for defendant
In Reuben b. Dunkee VS.. Nette l..
Hooper, the action was brought In eject
ment to GUST defendant from a dwelling
house and wood lot in Chester conveyed
by plaintiff to defendant by deed dated
April /, 1891. conditional for his support,
etc, during his natural life and TO have
s1.25 spending money per month If he
Stshed. The principal breach OF the con-
uHion brought out in the trial was that
plaintiffs room was not properly warmed
in the winter of 1S94-5. He is 81 years old.
The verdict in Windsor County Court was
that plaintiff recover s45 rental and costs.
The defendant claims that plaintiff by
staying in the house waived any right TO
take advantage of a breach of the condi-
ton. l.. NJ. Read opened the case for de-
PENDANT but his argument remains unfn-
ished. II is assisted by w. w. Stickney.
The plaintiffs attorneys are G.. A. Davis
W. II. Johnson and George A. Fletcher.
An adjournment was made at $50 o clock
until o'clock Tuesday morning.
Argued Before the Supreme Court-An
Insurance Case.
St. Johnsbury VS.. town of Concord came
on for argument this morning. Plaintiff
seeks to recover s3S and interest for the
support OF pauper by the name of Gard
ner Brown. The main question is whether
Concord is the town in which the plain
tiff last resided for three years supporting
himself and family. The aforesaid Gard
ner and his mother moved to Concord in
October 1857 being then % years OF age
They lived together until April, 1860 when
he took a kit of tools and a change OF
clothing and went to Manchester and
found work. staying there nearly four
months when he returned to his mothers
house, where he lived with his mother
until March, 1861. when they moved away
from Concord. The especial bone of con.
tenUon being whether paupers absence
In Manchester interrupted his gaining q
residence in Concord. In Caledonia Coun.
ty Court the plaintiff obtained a pro for.
ma Judgment The arguments for plain,
tiff were made by w. p. Stafford and Har,
ry Blodeett and by George N. Dale for de
PENDANT.
Vnhp foI[ tvd1 ypl,