Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1898-09-22
The PROHIBlTORY LAW.
GRAND JURY FINDS THAT 1T is NOT
PROPERLY ENFORCED.
states Attorney and Grand Jurors Criti.
cised for Not Taking Action -Sug-
gest That Ola Offenders lie Sentt to
the Workhouse, as Formerly.

jury went out at j:30 with instructions to
seal their verdict and deliver 1t Saturday
morning. The grand jury came in at 2:SO
Friday afternoon and reported five true
bills and three not found.
In the Isham vs. Dow case Friday
there wcrc few witnesses examined i'm
the morning They were Clara Isham
and Nr. Curavoo, who was recalled. Some
little time was consumed in reading cN-
tracts from the testimony of Isaiah Dow,
deceased given at II former hearing.
the arguments in the case were opened
by D. II. CuShman at little after u
o'clock. Henry Ballard and W. l.. Bur-
nap followed Mr.. Cushman and the case
was closed by the argument of Seneca
lldSclton. The charge TO the jury was
short The defendants noted exceptions.
GRAND JURY's REPORT.
The grand jury submitted a report of
moro than the usual length. This report
opened with the suggestion that many of
the cases before them should not have
been offered but discharged by the magis-
trates before whom they were first heard.
1t was the belief of the jury that the Uni
ted states deposit and other public school
funds were being properly used and upon
examination of the Jail they found it to
be in excellent condition. 1t was suggest
cd that the number of prisoners now oC-
cupying the jail required that the pantry
h" enlarged. The latter half of the re-
lort deals with the administration of the
prohibitory liquor law and says 1--WE
have made some inquiry relative to the
prohibitory law. We find the feeling
among man friendly to the law. that IL Is
not properly enforced that the officers of
the law use IT for their own emolurlrnt
chiefly, that it is not checked or crushed.
that the same old places still flourish. In
this there Is some error but much truth.
We lind that the officers upon when tnc
law places its enforcement the states at
torncy, grand jurors of the towns, fail 20
take the initiative in any case and claim
that it is not their duty. that outsiders
must first make a complaint before they
act. We think this is an error AS to the
costs and fines w find they are accord
ing to the law We are convinced that
arrcstug Ulcers and magistrates have
been too Lax In allowing pcrsons not in
interest to come in and reprcs, Mt the gull
~ parties and take their sentences. We
recommend that persistent and old Offend
Crs be sent to the workhouse rs for
mcrly. The report Is signed by W. W
Walker, foreman, and Van A. Nyc. clerk.
The Barney will case Is a
contest over the will of the late Ira Bar
ney by Efircnc Oakcs ct nj. apis. The
contested will left the greater portion VI
the late Ira Barney's property to Attor-
ncy Charles 7. Barney of this city. The
ttSN WIS HISt tpl tIIHu rom lICfiltc
Court ana tried by jury in County Court
in March, 1897 Tho case waa carried to
the Supreme Court whore at the May
term the judgment of tho lower court was
reversed and the causc remanded.
At the opening Of Saturdays session Of
County Court tho jury in the case of
Charity b. lsham versus the estate Of
Isaiah Dow came in and reported a vcr-
diet for the plaintiff of S5N157 and costs,
The case will go to the Supreme Court
upon exceptions. The action has been
twice tried in County Court and was be-
fore the Supreme Court at the last May
term when 1t was returned TO the lower
tribunal At the first trial the jury dis
agreed and the second was appealed 1t
verdict having been directed for the de-
fondant. The session of the court was a
snort one ana Judge Ross went to mis-
home in ST. Johnsbury upon the II 20
train.
/ \ jury was ompanelcd Saturday morn
ing IN the Barney viii ease. which Is the
next action for trial Considerable time
was spent in the selection of panel ana
several were excused so that the last
three men called were from the panel
which had just returned IL verdict in the
DOW case. Those excused We're H. \,
Drew, L.. II. Converse, +. $. Whitcomh,
George Bccchcr. 5. NJ. Platt, Hiram
Ishum, \. G. Jcdoin. y. 3. Hail, NJ ii.
The jury who will uy the case arc
Robert Forbes, +. V. Prior, L. J. Palmer,
j. NJ Roifc, y. T.. Morrill, G.. W. GRANGER,
u, c. Beers s. {. Ray, Sanford Mtrshpl,
+. h. Andrews, Abram Marlowc and II n
~ Goodsrll.
The case OF Arthur Tromblcy W.. II. A.
Davis and G. j. Ferguson, the suit viii h
involves a matter of alleged libel by thu
Merchants Collection agency, has b.cn
continued. The suit OF G. w. Pierce W.
The Mosloy u Stoddard Manufacturing
company has been settled. Judgment for
the plaintiff in the case of \. w. Cookie
vs.. ". t. Ferguson and Priscilla F,rgU-
son is rendered and the accompanying
ease of ~ W. Cookie VS. W. T. Ferguson
is settled. There will be no trial in the
ease of Bernard Cunning VS.. George y,
! BriEes and trustee.
TWO new cases are entered for trial
They are the divorce suit Of Jane Smith
vs., Girdin Smith and n suit brought by
Mrs. Isabella c. Borrows VS., A. T. YAM
dow of Essex Junction to recover $50 Tlo
suit II bin to Yandow, VINO was agent
for the Winooski Steam laundry The
defendant claims an offset for clothos
los.
County Court came in Monday after
noon at O'Clock after n recess from
saturday morning ana began the trial Of
the Barney will case, jury for which
was cmpancled Saturday. The attorneys
IN tie case made their respective claims,
after which two witnesses were examined
tn defendants set forth that the will is
the last will and testament Of the late
Ira Barney, that 1t was made some years
before his death ana was properly Wit
messed and certified. The plaintiffs claim
that the will was not executed according
to the law, that the testator had not tes-
tamentary capacity and that the instru-
mcnt was procured through fraud and in
huerce.
/ f.. W. Hail of Essex Centre and George
Brown OF rndcrh,ll were examined and
testified to havlI& witnessed the viii at
Essex Centre.
III, case of Ahcrn VS.. Burke for as
sumpsit was entered continued, and the
following new cases entered: State VS..
Jacob Mitchell, two cases, and the State
vs.. Jacob Mitchell, jr,, two cases, All
four are liquor cases.
= The trial of the case of Isham VS. Dow
continued OCCUPY the attention of County
Court throughout the day Thursday
The first witness of the day was Miss
Eva Isham, Il sister of the plaintiff Miss
lsham took care Of the plaintiff during
her illness and told the court of her sis.
tor's condition.
Jarus Isham, the plaintiffs father, was
recalled to testify to having seen the col.
lar of the dog which was shot exhibited
in the court room at former trial, Thi,
, line of evidence WAS occaSioned by II,
. defendant who introduced evidence tend
; ing to show that the dog was not properl,
, collared.
Clara Isham, the daughter of the de-
PENDANT, also testified rs to the dogs cot
, lar
Charity b. Isham, the plaintiff, wa.
placed upon the stand and was allowed
to testify that the dog entered the hous,
and jumped against her, throwing he