Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1898-08-11

and refusal to support; J. d. Denison for
petitioner.
The following divorce cases were dis
missed or discontinued.
Efie /. Wallace v. william e. Wallace;
Louise B. Kent v. Gilbert H. Kent; Gertie
L. Miller V. George w. Miller; Lucien Q.
AIdrich V. Annie U. B. Aldrich; Alex. De-
Forge Y. Lucy DeForge.
STATE CASES.
State v. Alden Aldrich. This respondent
was convicted early in the term OF break
OF that offence instead OF assault with In
tent to kill, for which he was indicted.
| be was sentenced to six months in the
house of correction, without costs.
State v. Charles B. Hoyt. Information
for selling liquor, second offense. Re-
spondent pleaded guilty to ten second Of
fences and was sentenced to the house OF
correction for six months and was also
| inea $3.50 and costs, the latter amounting
TO s128.2S, with the alternative sentence.
| This means that unless the fine and costs
are paid the total imprisonment Will
amount to about two years and nine
| months.
State v. Amos B. Wright. The convic-
/ tion of this respondent for assault with
intent to commit rape has been previously
reported. He was sentenced to states
prison for six years.
State v. Charles B. Hoyt. Indictment
| for peddling without a license. The re-
I spondent demurred to the indictment,
| principally on the ground that the statute
on which the indictment is founded is un-
constitutional, because it exempts veter-
ans Of the civil war from it's requirements.
Demurrer pro formG overruled and cause
passed to supreme court. States attorney
for state; J. II. Watson for respondent.
State v. David Lutey. Respondent
pleaded guilty to breach Of the peace and
was fined $40 and costs.
State V. james McCarroll. Respondent
Is q granite cutter from Barre and, getting
on bender, came to Washington to sober
of. The states attorney shackled onto
him and brought him before the county
court for intoxication. Pleading guilty,
he was fined IS and costs, the whole bill
being s22.S1. The respondent disclosed
| on stonewall in Barre, concealed behind
which be claimed he found the liquor pro-
ducing his intoxication. In view OF the
extreme probability OF his story he was
released.
State v. E. P. Libbey. Information for
keeping q common nuisance at Randolph.
Plea, guilty; fine, go and costs (sl5.26).
The place kept by the respondent was adj
judged a nuisance and ordered closed and
abated.
cHANcERy CASES.
Walter N. Noyes v. Walter F. Smith &
Almon B. Bicknell. Decree for orator &C.
cording To prayer OF bill; defendants APP
peal. J. P. Lamson for plaintiff; Smith q
Sloane for defendants.
W. F. Davis v. Jonathan B. Alderman.
M. M. Wilson, special master. Orator mas
leave to amend bill by setting forth death
OF defendants wife.
Bingham, Mitchell & Bachelor q
Otherslv A. B. Shannon a Another. De-
To- 0bo nm
tion to shorten time. .lS
d. d. Royce v. Horace Clark and Amy
Clark. Decree for orator. One year to re-
deem.
James r. Miller v. Bailey white and
Others. Decree for orators. S25 and costs
to be paid by Oct. l, 1898, and the balance
by July l, 1899. Sum due, s204 %; costs,
Seth NJ. Flint v. Chastina Porter. De-
cree for orator, one year to redeem.
Sarah X. Wells v. W. M. Wiltshire &
Others. Decree for orator, one year to re-
deem. Sum due, s12l.27; costs, $50.
John o. Hoyt v. Benz. and Hattie A.
Hurst. Decree for orator, one year to re-
deem. Sum due to be found on notice.
Walter s. s. Buck n Others v. Theodore
Smith. Judgment for defendant, on re-
port, for sl04.6i, intervening damages, and
costs. ]. ID. Denison for orator; NJ. M.
Wilson for defendant.
F. E. Kim ball v. w. II. Clough. Brought
forward from last terms docket. Decree
for orator. With chancellor on motion to
shorten time.
The following cases were entered as set
tied: School Dist. OF New bury v. Dist. No.
20 in Newbury; Ira A. Merrill v. Homer
s. McDuffee.
All other chancery cases were either
continued or left with the chancellor.
State v. E. p. Libbey. Bill inlchancery
filed by the states attorney for perpetual
injunction to prevent defendant from
longer maintaining the common nuisance
for the keeping OF which he was fined In
the prosecution at law. This was the first
instance in this county OF the use of this
proceeding. The chancellor granted the
injunction prayed for, which, in substance,
commands the defendant to desist from
longer maintaining the nuisance, under
penalty of being in contempt OF court.
The proceedings connected with Libbey's
case illustrate what 1t means to have a
states attorney comply with his oath of
office. Five distinct and independent
prosecute ons against Libbey were resorted
to, viz: prosecution for selling, one for
keeping with intent to sell, one for the
condemnation OF the liquor found, one for
keeping common nuisance and one in
chaDcery. These proceedings were not in
sfituted for the sake of prosecuting any
body, but because the law commands that
they shall be instituted and does not make
1t a mere matter of discretion with the
authorities. Rumselling is getting to be a
hazardous and improbable business in
Vermont.
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