davidaulloa/AmericanStories huggingface dataset:
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
PrOhibitOry Law Upheld.
Judge shiras OF the United states SUI
preme Court Decides that the Law Is
ConstItuttOnaI


preme Court Decides that the Law Is
Constitutional.
The case of Edward Hodgson versus the
state of Vermont was decided in the United
States supreme court at Washington, ID. c.,
Monday. The opinion was announced by
Justice Shiras. The case involved the con
stitutionality of the statues of Vermont
providing for the punishment of offenders
against the state in the sale of Intoxicating
liquors In this case Hodgson was found
guilty of such offence on an information.
He appealed to the supreme court of the
United States from the rulings of the state
courts on the ground that his conviction
was without due process of law.
Justce Shiras, in deciding this conten-
ton, said the 14th amendment was not de-
signed to interfere with the rights of states
to protect the lives, liberty and property of
its citizens.
The Rutland Herald gives this explana-
ton of the case:
Hodgson is an Orwell man, and at the
June term, 1892, of Addison county court
was convicted of selling liquor illegally, one
first and one second offence. The informa-
ton filed by the states attorney was in the
usual form-that said Hodgson did at
divers time sell, furnish and give away in
toxicating liquor" The specifications as
serted that within three years before the
filing of the information Hodgson sold, fur
nished and gave away intoxicating liquor
to the following named persons"-a list of
whom, to the number of 66, followed On
respondents conviction the case went to
the national tribunal.
The claim of the plaintiff in error was in
substance that the forms prescribed by the
Vermont statutes, whereby person can be
put upon trial for an indefinite multitude of
offences of furnishing, selling or giving
away in single count, the statutes admit
ting proof of any such offences within
three years and warranting any number
of convictions in the single case, each pun
ishabe as an Infamous crime with impris-
onment at hard labor and with an enor-
nous fine, are in contravention of the con
stitution of the United States. 1t was
specially claimed also that they violate
those provisions of the 14th amendment
which provide that no tate shall make or
enforce any law to deprive any person of
life, liberty or property without due process
of law
1t was held by the plaintiff that such an
information deprives the respondent of his
constitutional right to be informed of the
nature and cause of the accusation against
him; and affords him no opportunity to: de
fend against the numberless offences: so
charged, nor to plead conviction or ac-
quittal in case of second prosecution COW
ering the same ground This, the plaintiff
said, affords typical case of the making or
enforcing of law to deprive person of
his liberty and property without due process
of law. Other constitutional objections
were urged
The case was prepared for the plaintiff in
error by w. H. Bliss and Z j Phelps of
Burlington, and for the state by f. l.. Fish.
states attorney of Addison county, and c.
A. Prouty Of Newport
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
WHITINGHAM.

c. S. Chase attended court at Greenfield
Tuesday.
Maude Wheeler was in North Adams
last week.
Wallace Morse of North Adams was at
home Thanksgiving day.
Merton Wheeler spent Thanksgiving
with his mother and brothers.
Hon. j. X. Batcheder of Arlington was
at &. 5. Chase's Saturday and Sunday.
Hon. II. b. Ballou spent Thank sgiving
at DR.. f. d StaffJrd's in North Adams.
Mr.. and Mrs Cook Of Austerltz, n. Y,
spent last week with their daughter, Mrs
Albert Wiley.
The annual reunion OF James Taintor's
family was held at Norman Talntor's
Thanksgiving.
Royal Chase is settled in his new home
in the village. His grandchildren, Edith
Bartlett aud Ada May, who have been
helping them move, went home Sunday.
Christina Murdoch. who is attending
the normal school at North Adams, was at
Dexter Murdock's last Wednesday, return
ing TO North Adams Monday.
Twenty of the relatives and friends of
Henry Wheeler dined with him Nov. %,
the number being increased in the evening
by ii more, who came to celebrate his
59Jh birthday. Games, singing by Mrs.
Frank Davis, with organ and cornet &C.
compartment, the latter being played by
Rock well Davis and Leon Pike, filled up
an enjoyable evening. Refreshments, in
GLIDING a sugar eat, were served.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
A sinrls.uanded Lynehlng.

Coot King, farm hand on the planla-
ton of William Ellis, near Evergreen, Ala,
was lynched Tuesday by Mr.. Ellis alone, he
refusing all assistance, although many OF
the neighbors gathered and were anxious
to have hand in the affair. William Ell
lis is one of the most prominent planters in
Alabama. His 1S-year old daughter is
handsome and accomplished, and it was an
assault upon her committed by King which
caused the lynching. Mr.. Ellis captured
King and kept him tied and a prisoner In
his house several hours. He coolly inform
ed others who had been apprised of the Of
fence and had collected in mob that he
would deal to the negro, unaided and alone,
the punishment that he deserved, and com,
manded them to dispense. He marched
King to a nearby swamp, hanged HIM TO a
tree and riddled his body with bullets. lie
left the body hanging, returned to his nome
and stated that the negro had been lyncn .
ed. and that nobody was responsible for 1t
but himself. 1t is the first time in the
South that a man has been summary exc
cuted bv one man, and so coolly and dellb-
eratelv under such circumstances.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
WILMINGTON,

A. c. Newton is in Boston this week on
business.
Rev. w. A. Estabrook is expected back
next week.
The several schools began the winter
term this week.
Miss Faith Kidder returned from her
visit to n, W York last week.
The annual meeting of the G. b. Lawton
post, G. A. r., occurs Saturday.
The annual meeting of Social lodge will
be held ON Wednesday, Dec. 8.
A. P. Childs is erecting a fine sugar
house ON the Holbritter place.
There will be an oyster supper at the
Methodist church next Tuesday evening.
II. c. Simmons of North Bennington is
putting in one of his steam heaters in c..
NJ. Russelrs house.
Leon Fox, who is attending the Bliss
business college at North Adams, spent
Thanksgiving in town.
Mrs. ii. p. Bowker is visiting her daugh-
ter, Mrs. C. Z. Higgins at Wilton, N H.,
and expects to remain during the winter.
Arrangements are being made by the
Methodist, Congregational, and UNIVERSAL
list societies for the proper observance OF
Christmas.
John Calvin of Bratteboro recently put
in hot-air furnace for j. II. Kidder and
he has the contract TO put in new furnace
in the Congregational church.
Rev. J. E Farrow gave his illustrated
lecture at West Dover Wednesday evening
before a good audience. He has engage
ments at Dux bury, Plymouth, Greenfield
Mass, and other places in the near future
Temperance Sunday was observed at tn,
churches last Sunday At the Methods
church Rev j. f. Farrow preached yer,
strong sermon in the morning, and at tn
Sunday school addresses were made by o
f. Butterfield, K. NJ Haynes, C. d. Spen
Ger, and others. Readings and music wer
given by members of the school.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
THORN CONVICTED,
lie Afterward Confessed That
lie Killed Guldensuppe.

He Says the Confession Made h, NJ.
N"'K Was True---He VIII BE Sem
fenced TO Death To-day.
Martin Thorn, accused of having mur-
dered WIN. Guldensuppp, was fonnd OniItv
IN the first degree by Queens county inry
IN the court house at Long Island citv
tuesday. AT the request of his counsel
Lawyers Howe and Moss, the passing of
tne death sentence was deferred until This
friday morning. Thorn heard the inrv-
men polled on their verdict and listened io
each Of them sealing his fate with a ner-
Vously uttered "yes." Thorn gazed at
each one of them and appeared to be less
impressed with the soennity of the uc-
caslon than any one in the jury box. His
lace never changed color during the irving
ordeal. 's
The great interest of the trial conferred
IN the appearance of Thorn in the witness
chair for several hours Monday. He was
apparently unmoved and testified in A
clear, direct manner. He accused Mrs.
Mack of having shot Guldensuppe. He
said that when he reached the Woodside
cottage betW cen II and II o'clock June
70 the woman met him at the door and
told him that Guldensuppe was lying dead
upstairs and that she had shot and killed
him. Thorn said he supposed Mrs. Mack
had rented the cottage for the purpose of
starting a baby farm and that he had no
idea that Gudensuppe was to be killed.
He told in detail story of the disposition
OF the body, saying that it was cut in five
pieces by Mrs. Mack. The tie timony in
rebuttal showed that Mrs. Mack was at her
home at the time when Thorn said she
was at the Woodside cottage. Thorn told
of his first meeting with Mrs. Mack, how
he lived with her while Guldensuppe was
away, and of the beating he received at
Gudensuppes hands when the latter re-
turned and found him with Mrs. Mack.
When Thorn was led back to b s cell he
admitted to Police Captain Methven that
the verdict was just and that he and not
Mrs. Mack killed Guldensuppe. He said:
II am glad ii is over and the verdict given.
| am convicted and ! am contented. 1t
was l who killed Guldensuppe and l cut
up his body. Every word that Mrs. Mack
said upon the stand was substantially cor
rect. When | was on the stand | lied
when telling the story as did, but lied
to clear myself 1t is no use carrying it
any further. am guilty and am convict
ed. 1t is what expected and what l sup
pose people think deserve, and perhaps
do"
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
The KIondike In BrIdgewater.

Reports from the Springfield gold mine
in Bridgewater say that l2-foot vein of
pure quartz has just been uncovered which
assays $50 in gold and about 80 in silver to
the ton. This vein was struck about a
quarter of mile from the old workings on
the same brook. Just how much of this
godbearing quartz has been uncovered is
not learned, but there is enough in sight to
make Dr. Fagnang, the president of the
company, very enthusiastic over the pros
pect The same vein, though narrower,
crops out at several points higher up on
the hill. force of six men is now at work
there and Dr. Fagnang says that large
number of men will be put on if the strike
holds out. New machinery will also be
bought, and the company already has acrush-
err. r. b. Perkins recently sold his farm on
which considerable gold is supposed to be
hidden, for $4,000.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
.ir.hin sails with a Heavy Load.

Charles Haas, a young farmer living near
Topeka, Kan, has been working out an AR,
ship idea two years and made successful
experiment Tuesday. "a
Haas's ship is like a huge bird. 1t is II
feet from bow to stern and from tip to tip
If the wings. When it was tried 1t rose
rapidly and sailed 800 feet, when rope to
wbich was it attached brought it to stand
LII n was hauled down and sent up
again ssnli carving tub containing 200 pounds
Of rock. The ship sailed with the weight
as as smoothly as without it. Haas demon ION
strated his ability to guide the ship oy , ma,
ninuIating the wings with two lines from
,ha g~onnd. He did not venture into space
wit it because the wind was blowing
fiercely, but says he will go up in the near near
future. His idea is to equip his ship with
propellers and an electric motor teai hv many
Toneks people. and general surprise was
expressed at the ease with which Haas
handled his machine.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03

\ hay and stock barn in Vergennes, be-
longing to Joseph Quinlan of Charlotte,
was burne last Thursday night and five
cattle and large amount of hay, etc, were
destroyed The loss is between 5000 and
$500.
Arthur l.. Rowland, who is serving term
of four years in the State prison for rape,
proves to be forger. Last August he
forged the names of Ebenezer and George
Willard of Barre to note for $lS which he
cashed at savings bank in Montpelier.
The forgery became known last week
when the note became due.
f. D. Brooks, 20, one of the most promi-
nent men in northern New York, died at
Potsdam Saturday. He was born in Shore
ham, VT, and was educated at Middlebury
college. He moved to Potsdam in 1928 He
was collector of internal revenue under
President Lincoln and had held many other
positions of trust. He was also member
of the New York assembly for three years.
The president has pardoned Stephen NJ
Folsom late president of the Albuquerque
IN. NJ } bank, who was sentenced to a five
year term in the penet intiary Mr.. Fol
som is an old-time Vermonter, and a
brother of the superintendent of the Pas
sumpsic division of the Boston & Maine
railroad. His crime was technical one,
committed in an attempt to save the bank
and by the hanks failure Mr.. Folsom lost
every dollar he had.
Judge j. Q A. Fellows, 70, who died at
New Orleans, Monday, was native of
Topsham. He graduated from the Uni
versity of Vermont and went to New
Orleans in 1850. He was one of the lead
ing lawyers of that city and was counsel in
the Myra Clark Gaines and other famous
cases. He was the most prominent man OF
Louisiana in Masonic circles, and was
grand generalissimo of the grand encamp-
ment of the Knights Templar at St Louis
in 1864. He had held nearly all the offices
in the gift of the Masonic bodies.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
Philip Batten Dead.
He Was One OF the oldest Residents OF
MIddIebury and a Factor In Many
Notable MOvements.

He Was One OF the Oldest Residents OF
MIddiebury and a Factor In Many
Notable Movements.
Philip Battell, 80, died at Middlebury
Wednesday, His father was prominent
merchant of Norfolk, Conn. and the fam
lily ancestry is traceable back to the Pill
grims of 1920. Philip Battel was admitted
to Yale in his 10Th year. His elder broth
er, Joseph the builder of Battell chapel
at Yale, had become a student at Middle
bury three years BEFORE so Philip came
thither, aud graduated in the class of 1926.
Among his classmates were the late Sena-
tor Solomon Foot, Prof Edwin Hall and
Rev. DR.. Martin NJ Post. Mr.. Battell was
admitted to the bar in 1929 After prac-
ticing for four years in Connecticut he
moved to Cleveland, O., here he remain
ed for five years. In 1886 he married the
daughter of Horatio Seymour of Middle
bury, a lawyer and for many years United
States senator. Mrs. Battel's health suf-
fered from the climate of Cleveland and in
1888 the young couple returned to Middle
bury, where Mr. Battell had ever since re-
sided. Mrs. Battell died November 3,
1S41, leaving two children, a daughter,
now the wife of John w. Stewart, and a
son, Joseph, who is prominent resident
of Mddlebury.
Mr.. Battell was a man Of wide interests,
and every movement looking to the advance.
ment of Middlebury, intellectually socially
or materially, lad his enthusiastic support.
Educational affairs occupied his attention
and he gave literally to Mddlebury college.
He founded the Mddlebury historical so
ciety, which has observed forefathers day
annually for more than 80 years.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
Peary's Next Expedition.
He VIII BE Gone to the Frozen North
Two to Five Years---ExprdItion WIN
Cost 500 600 TO SI5O,OOO.


Lieut.. R E. Peary has gone abroad to
deliver lectures before the geographical
societies of London and Edinburgh. He
will also visit Dundee, Peterhead and
Aberdeen to look over the whaling fleet.
He will pick out vessel of 300 to 500 tons
register for his next expedition to the
North Pole, which will probably start from
New York next July. Pearv says of his
plans: Il will take back the E-quimaux,
now suffering from the frightfully change
able weather of this neighborhood. Be-
sides them l will take a surgeon and one
other white man. The cost of the expedi-
ton for five years will be from 500, 900 to
$50, 000 and friends of mine in New York
have provided the funds. Ny main object,
of course, is to extend scientific observa-
tions in that region as far as may be prac-
ticable My previous work has been over
land, now it will be by way of the sea,
along the northwest coast of Greenland.
The first stopping place will be Whale
Sound, where | will take on my Esqui-
maux. Then | will establish a colony at
Sherard Osbone, about 50 degrees north
latitude, and push on to the northerly limit
of the land. and from there across the sea of
ice toward the pole. If everything goes
we'll, the work may be accomplished in two
wears, but / will have necessary supplies
and Esquimaux for five years. feel there
are very good chances of success, or
would not undertake the trip. 1t seems to
me conditions are favorable"
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
Lillian Ashley May Shoot
Millionaire "Lucky" Baldwin, Whom
She Sued for Breach Of Promise in
ISO5---She Game from Randolph.

She Sued for Breach Of Promise I'm
Is05---She Game from Randolph.
Lillian Ashley, the young woman who
sued Lucky" Baldwin, the California mil
lionaire for breach of promise two years
ago left San Francisco this week, and Mr.
Baldwin, who is in New York, has been
notified that she is armed, and that she
threatens to kill him. Miss Ashley also
stated in San Francisco that she was max
ing the trip to attend the wedding of her
sister and a millionaire coffee planter
of Brazil, the celebration TO take place in
New York. Miss Ashley left her home in
Randolph about 1890 to gain au education
in Boston She had a hard struggle and
wrote to Mr.. Baldwin for assistance She
saws that Baldwin told her that if she came
to San Francisco he would arrange for her
to pursue her studies, and that she eventu-
ally became a member of his household.
After she was cast off by the turfman
she began suit for SIS, 900 damages for
breach of promise. The suit was tried in
San Francisco in 1896 and the trial proved
highly sensational Baldwin's defence was
that his reputation was SO bad and so well
known that no woman could be deceived by
his promises During the trial Emma Ash
ley, sister of the plaintiff, fired at Bald
win in the court room narrowly miss ny
him. Baldwin won the case, the court
holding that he was not legally bound to
support Miss Ashley and her child Since
then the woman has followed him all over
the country He has frequently caused
her arrest
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
Abner Feltt. 80, a lifelong resident of

Abner Feltt, 80, lifelong resident Of
Andover, died there Monday. He had
hem postmaster in Andover since 1866.
He leaves three children, Mrs. Frank Mar
tin of North Springfield and Fred E. and
William A Feltt of Andover.
A new tale mine has been discovered in
Stockbridge, on the farm of Henry Good
eli on South hill. 1t has been bought by
Frank Durkee, who has sold his tale mine
near the Pittsfield town line to Boston
syndicate for $4,000.
Proceedings for divorce have been in
stituted by Mrs. w. H. Davis OF Jericho
AGAINST her husband, w. II Davis, on the
Grounds of intolerable severityand adultery.
Mr and Mrs. Davis have been brought into
nrominence by the Davis against Sanborn
suit for alienation of affections just ended
in the Chittenden county court.
Judge Taft will preside at the December
term of the Bennington county court,
which will convene at Bennington Dec. z,
Thirtv-six cases are set for jury trial. The
more important criminal cases on the dock
of are Wendall Rice and George Mack,
Charles Jepson and Ella Russell, accused
of adultery; Frank Hinsdill of larceny and
Solomon Millington of manslaughter.
BURGLARS stole chisel from the wheel
wright shop in Richmond last Wednesday
night and used it in forcing the door of E
w. Freeman's drug store. They took .
number of gold watches, 10 rings valued
at S75 and S25 in cash. They also brok'
into Simond Green's grocery and priec
omen the cash drawer, but found only Il
cents.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
TIE VERMONT NEWS.
Died from Neglect.
brunor Ate the Food which NoIghbors
Carried to His Sick wife.


"A sad case of restitution and alleged cru-
city was revealed near Fort Ethan Allen
last week by the death of Mrs. Henry Bur
nor, French woman. The husband. it
is said, has been a rover and it is claimed
that he will not work About three weeks
ago his wife gave birth to child. The
husband did not send for doctor, but mott
lied neighbor, Mrs. Louis Rompray, who
sent food and delicacies to the sick woman.
The day before she died the unfortunate
wife told Mrs Rompray that her husband
had given her nothing to eat in a day and
half, but had himself devoured the food
sent in by her neghbors There are five
children in the family and when the house
was visited, they were in deporable CON
dition. The neighbors say that they have
continually helped the family. After the
wife died b uuor went to the overseer of
the poor Of Winooski and got a coffin, and
the woman was buried in the Colchester
cemetery. Brunor got an order for So
from the overseer of the poor and bought
only little -four and a chunk of beef
The people are much worked up, and at
Fort Ethan Allen the soldiers have talked
OF lynching the man, or giving him a coat
OF tar and feathers. Brunor expects the
town of Winooski to pay railroad fare for
himself and children to go to Eden, where
his relatives live.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
vanderbil,s Aner Soft Coal Fields.

The Vanderbilt interests are planning to
get control through the Chesapeake and
Ohio railroad, of the soft coal markets of
both the East and West Every part of
the enterprise from the ownership of the
coal lands to the final delivery of the pro-
duct will be managed by one head, repre-
senting one interest. A short time ago a
syndicate including Cornelius Vanderbilt
II. Mex Twombley and w. Seward Webb,
bought a tract of coal and timber land in
the northeastern part of West Virginia.
The same people bought other smaller
tracts, making their holdings nearly half a
million acres Railroads now controlled by
the syndicate will be completed to these
coal lands, connecting them with the Ches-
apeakv and Ohio and through it with the
East and West. 1t is also stated that the
Vanderbilt interests have secured control
of the Hooking Valley road and it will be
extended to Huntingdon, w, Va.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-12-03
Lebanon sprIngs Railroad to be Opened

Elnatt an Sweet, receiver of the Leba-
non Springs railroad has received permis-
sion from the New York railroad commits
soners to open the Lebanon Springs rail
road in sections, and that portion of %
miles between Bennington and South Ber-
lin. N. Y will be opened this week. Two
trains a day will be run each way, and
close connections will be made with the
Fitchburg road at Petersburg Junction.
The road has been closed to traffic since
July 30, and its opening will be great
benefit to the travelling public Funds
enough have been raised to put the road
bed in good condition.