Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1899-12-14

was not loaded, and, il it had been, tina
RoWell couldn't have fired II II be mac
tried. The most eloquent plea in the re-
spoudent's behalf was his own appear
ance in court. Fined $40 and costs. X
M. Harvey for respondent.
In re Edward r. Corliss. This party
was tried for burglary at the June term
1888. and found not guilty By reason oil
insanity. At that time he was ordered
confined in the hospital for the insane al
Waterbury, wi here be has since been. This
was a petition for his discharge and itt
prayer was granted on the testimony OF
/ the assistant superintendent that Corliss
| has Tegained his normal mental condl-
ton. K. M. Harvey for orator.
/ State Chas. Brooks. Information In
| two counts for breaking out OF II lookup
at Bradford, where the respondent was
/ put to sober up after being arrested, with
| out warrant, while intoxicated. Heard on
demurrer. A number OF interesting ques-
/ tions were raised, viz; II man Is con-
| fined by an officer in any other than le-
! gally established place OF confinement,
does he commit any crime in breaking
ont When a man il arrested without a
warrant, for being drunk, Is he guilty OF
anything IL he departs from the custody
OF the officer before being discharged?
w here a man is too drunk TO know that
be is under arrest, lie be guilty OF an Of
fence il he wanders away from the place
where the officer leaves him The claim
OF the respondent seems to be that he was
put into a sort OF grated hog pen and some
benevolent third person came along and
took the grating away, and the respond
ent, getting little restless in his sleep,
inadvertently rolled out through the
opening thus made and strayed away for
a half mile or so before his absence was
n 81 n
view OF the importance Of the legal ques-
tions and the limited time be had for look
ing into them be should rule pro forma
that the information was sufficient and
pass the case up to the supreme conrt. The
bail OF the respondent, who has been in
jail since last August, was set at 800.
Harvey for respondent.
State Fred Simmons and Fred Hardy.
These young men were charged With
stealing 400 lbs. of apple jelly from Dix J.
Camp OF Randolph. Mr. Camp kept the !
jelly in the second story OF al old house
near bis buildings ia Randolph. One night !
last August, Simmons and Hardy went to /
this building and one climbed up pole |
into the room where the Jelly was stored /
and passed the pals down to the other |
with a rope. 1t was afterwards taken 10
the Libby Westinghouse in BrOOkield and
there concealed under the floor. Later it
there sold personally by him, be receiving
and using all the proceeds. Simmons was
at once suspected, but when the officer
went for him be wasn't to be found.
Hardy, who up to that time had not been
charged with the theft, voluntarily gave
himself up to Sheriff Boswell and made a
full confession. About a month later
simmons was found. The counsel for re-
ipondents made strenuous pleas that they
be put on probation, butt the court thought
hat so deliberately planned a theft as this
'ould not be thus dealt With. Simmons
vas given not more than three nor less
han two years In the house Of correction.
Hardy was dealt with more leniently in
'ieW OF his manly conduct in giving him ,
elf up and coniessing. HIS sentence was
lot more than two years nor less than If
cen months in the house OF correction. r.
Il. Harvey appeared for Simmons and j.
}. Denison for Hardy. Ii
State Levi M. johnson. This re-
pendent is 10 years old and was charged [
nth burning Arthur G. Stacks buildings
n Chelsea last June. He pleaded guilty. {
d moving Tor sentence the states at
)rney said he thought the boys unnat-
raj tendencies might be explained by the I
act that his father was a negro and his /
lother white woman. The boy came
lto this vicinity about six years ago from
0me state Institution in Massachusetts. {
he attorney recommended that the court, (
n this case, exercise its discretionary
over of committing respondents over IS {
ears old to the industrial school. The !
espondent was sentenced to said school {
ntil q years OF age. X. NJ. Harvey for {
.spondent.
State George Louannis. This respond
1t,who is but IA years old, pleaded guilty |
stealing $40 from 5. II. Grow OF Brad. !
,rd. He was sent to the industrial school !
ptil his majority. J. b. Pickett for re-
State William Brown. This respond
Ut runs the creamery in Union Village 1
nd pleaded guilty to assaulting Leon
Iorrison OF the same place. He claimed r
justification that Morrison had been
rculating false stories about him. Fined
D and costs, amounting to S33.56. X. Nj.
arvey for respondent.
Court was formally adjourned Saturday
corning by direction OF Judge Nolan.