Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1897-06-24
Orange County Court.
june Term, 1897.

June Term, 1897.
HON. L. HI. THOMPSON, Presiding Judge.
Hon. VIM. ii. KIBBEY, Assistant
HON. HENRY w. Fits, Judges.
CURTIS s. EMERY, Clerk.
| CHARLES F. SMITH, Sheriff.
HALE K. DARLING, States Attorney.
MARGARET E. CHESTNUT, Reporter.
SoLoN K. BERRY, High Bailiff.
AS was briefly stated in last weeks is,
sue, the trial of State Ward b. SLY ana
John Ordway came to sudden END Mon
day afternoon, the respondents retraciing
| their plea OF not guilty and pleading
guilty The respondent Ordway also
pleaded guilty to an indictment charging
MIN with the larceny OF bicycle, the
property of f. II. Mann OF Woodsville.
on June Is, Sly and Ordway were
brought in for sentence on the charges
upon which they had been convicted. The
views of the state with respect to the pun
ishment were presented by States Attor-
new Darling, and those of the respondents
by II. M. Harvey. Upon the Indictment
for the larceny OF the Jack man property,
Sly was sentenced to three years in the
state prison and was given like sentence
on the burglary Indictment. The re-
spondent Ordway was given two years
for the burglary, and two years for the
larceny to which he had pleaded guilty.
uc DlH6 OtuCI NdoNo ehSoS -
spondents will be continued for the pres
ent.
Statev Francis A. Eaton. The trial Of
this case was begun Tuesday afternoon,
and continued until the following day,
" hen il was brought to an abrupt end in
the manner hereafter Indicated. The re-
spondent was indicted for fishing in
Thayer brook in Braintree, said brook
having been posted by the tish and game
commissioners. There was practically no
dispute as to the facts,or that the respond
ent was technically guilty OF breach of
the statute. At the close of the evidence,
the respondents counsel moved the court
to direct a verdict OF not guilty, on the
ground that the statute is unconstitutlon-
al.
This motion was opposed by the states
attorney, who claimed that the statute vi
olates no constitutional provision, and
that, even il it did, the objection could
not be raised upon motion for verdict
Judge Thompson delivered quite lengthy
opinion on the matter, and held the stat
ute unconstitutional in so far as 1t applied
to waters not boatable. The gist of his
holding, in substance, Is that the state
has no right to deprive the citizen OF the
right to fish, at proper seasons, in other
than boatable waters, which he defined to
be waters tnat may be used at some season
OF the year for transporting to market the
products OF the forest, farm, factory or
mine This holding in no wise abridges
the right of private persons TO post streams
running through their lands, but applies
merely to the posting by the fish and game
comm issioners. As this decision will be
of great interest to the public, we hope to
give the full text OF ii in next week s ISSUE
10 view OF this holding as to the law,
Judge Thompson directed the jury to re-
turn a verdict OF mot guilty." which was
done, and the respondent was discharged.
State Joseph Hamel. This is an in.
dictment for rape, and the trial was com
menced June Is. The evidence on the part
OF the state tended to show That the re-
spondent committed this crime upon De-
La A. Tnresher, at Williamstown, March
% last, she then being but eight years old.
The only direct eyidenoe was that Of the
little girl, who testified that the respond
ent followed her to the henhouse, where
The had been sent for eggs, and there com
mitted the crime. Her story was corrobo-
rated by her parents. to whom she made
and by DR.. j. II. Winch OF
Mort hfield, who examined her soon after,
and who testified that the larcerations
and Inflammation that he found were
with her claim. The defence
consisted of a denial on the part Of the
and certain testimony that
he conditions found by DR.. Winch might
have been produced by other causes. |
Some of the evidence in the case was OF |
such a nature that the judge deemed 1t |
best to exclude all but the officers OF the |
court from the court room. The testimo- |
ny was closed Saturday noon, and part of |
The arguments made in the afternoon,
court then adjourning until 10 a. M, Mon |
day. The states attorney and j. II. Wat |
son appear for the state, and w. w. La
poin! and J. W. Gordon for the respond
ant.
The closing arg lmt nts were made Mon
lay forenoon and the s. wa s given to |
he jury at p. m. In very short time
'eruici of guilty was returned. The court |
imposed a sentence OF eighteen years in
tate's prison.
State Nelson j. Hood. Assault and
battery. This respondent was brought in
or sentence June Is, having retracted a
ormer plea of not guilty to an informa-
ion charging him with assaulting his
wife. He was sentenced to the house OF
direction for one year. States attorney
or state; q. l.. Stow for respondent.
State Arthur X. Proctor. Indictment
or adultery. The respondent was sur
endered to the United States, no wanted
i'm on an Indictment charging him with
ending obscene letters through the mail.
lie was taken to Montpelier last week and
loaded guilty before Judge Wheeler, who
ave him is months at hard labor in the
ouse of correction. The case against him
] this court was continued.
State V Charles Il. Sumner. Indictment
,r larceny. This respondent was a mem.
er OF the ropsham gang of thieves and,
D the trial of the others turned states
'idence. In view of his valua Die sssist-
ace to the state the court allowed him to
, on his recognizance and the case was
States attorney for state; j. H.
'atson for respondent.
The following divorces have be grant.
in addition TO those previously report
L.
Ira T.. Tucker Alma j. Tucker, wilful
,sertion; Sarada Ann Crowley Ed ward
Crowley, wilful desertion; minor child
,creed petitioner; John q. Dickinson
AURA A. Dickinson, wilful desertion
arling 4 Darling appeared for the petit
)ner in each instance.
In state William Turner, bigamy, and
ate William Turner and Clara Martin,
ultery, the states attorney asked and
as granted leave to enter nolle proSequi
w oodhull, Goodale a. Bull j. Laroy
ann, and Spitz Bros. 4 Mork same de-
hdant. Judgment for plaintiff, by
reement in each case. Darling a OAR
lg for plaintiffs; n. L. Boyden for de-
ndants.
John ii. Watson Livia A. Lord. Hale
Darling appointed auditor. Plaintiff
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