The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1897-12-01
Washington County Court,

]. L. Peck v. M. A. Peck. Divorce Pc
tition dismissed.
In re Susan W. Warren's will, r.. W.
Warren ct al. apis. The jury returned q
verdict for the prepayment.
Ruby Dalton v. Joseph w. Dalton. D-
vorce. Marriage and residence proved and
bill granted for wilful desertion. G. f.
Clough for petitioner.
The Jurors were discharged for the term
last Wednesday afternoon.
Walter II. Dunsmoor v. Frank Duns-
moor. This was an assault case in which
there was verdict for plaintiff for one cent.
A motion was made by plaintiff for q certi.
fed execution. Motion denied and plant
if was denied full cost.
The court calendar was called Wednes-
day afternoon Il. Cable v. James Fraser
ct al. and Granite Savings Bank & Trust
Co., trustee, general assumpsit was con-
tinued at plaintiffs expense.
State v, Mildred L. Brewster. An in
dictment in two counts for the murder of
Anna Wheeler at Montpelier on May 30,
1897. The previously plea OF not guilty
was retracted by leave Of the court We'd
nesday afternoon and plea OF abatement
made instead The substance of the plea
OF abatement is as follows: The plea states
that the grand jurors who found the indict-
ment were duly empanneled and sworn on
September 10, 1897, and recites the oath
in the plea, in the oath is this sentence
The counsel of the state, your own coun-
sci and that OF your fellows, you shall keep
secret" The endorsement and indictment
are recited. The plea shows that on Octo-
Der l, 1897, the grand Jurors made inquiry
into the nature and probable ground OF the
charge preferred against Mildred L. Brew
ter which charge against her was that of
the alleged crime set forth in said indict-
ment and examined and heard the testi-
mony of witnesses presented against her (;
that while said grand jurors were making
inquiries of witnesses into the nature and
probable ground of the charge preferred
against her Fred A. Rowland, the then
states attorney, with the permission and
consent of said county court, did permit,
procure and cause and the grand Jurors did
permit one Florence A. Hill to come into
the presence of said grand jurors and of
| said states attorney then and there presen t
with said grand jurors then and there to re-
main while the said grand jurors were ex-
aminng witnesses with reference to the
probable grounds Of the charge then and
there preferred against her, the said Mil
dred l.. Brewster, which said charge was
that of the alleged crime set forth in said
| indictment, to take down the testimony of
said evidence for said states attorney.
| Further on 1t Is stated upon the testimony
of which witnesses the grand jurors found
said indictment. The names of some wit
nesses who testified before the grand jury
are stated. 1t is shown that said Florence
A. Hill since she made the notes of said
testimony after the finding OF said indict-
ment has transcribed said notes and has
| type written a copy of large portion of
said testimony which afterwards came into
the possession of and was read by said
states attorney and by Zsd s. Stanton, an
attorney appointed to assist the states at
torney in the prosecution of said indict-
ment. Certain disqualifcatious Of Florence
A. Hill are shown. The prayer Of the plea
is that the Indictment may be quashed.
The plea is signed Mildred L. Brewster
and by Frank Plumley counsel for respond
emit A demurrer to the plea was sustained
and plea adjudged insufficient and respond
ent ordered to answer. Exceptions by re-
spondent and ordered to pass to supreme
court before trial. A stipulation between
the respondent and the states attorney pro-
vides that formal and technical defects in
the plea of abatement and demurrer there
to are now and shall at all times hereafter
be waived, and treated as waived, it being
the desire of the said respondent and the
state to bring before the supreme court the
questions Of substance only presented by
said plea and the demurrer thereto. This
stipulation is signed by States Attorney
Fred A. Rowland, Mildred L. Brewster
and by respondents counsel, Frank Plum.
ley and Lord & Carleton.