Barre evening telegram. (Barre, Vt.) 1898-19??, 1900-05-10
SUPREME COURT.
One Washington County Case Brought
Up.

Montpelier, May 1O.-In supreme
court the hearing of the Orleans
county case of Harry b. Parkhust VS.
William Brock was concluded and
Judge Watson read and opinion in the
case of Isaac II. Patterson, ct al VS..
Luman F. Smith, ct al, from the
same county. DemurrcrS to the pleas
of defendants Smith and Kilgarhan
were sustained and pleas adjudged in
sufficient. One of the defendants,
Connor, obtained a discharge in in.
solvency after the commencement OF
this suit and filed his plea of dis.
charge. That plea was held sufficient
and the plaintiff was allowed to pro
ceed against the other defendants by
remitting S20l.60, the amount of the
dividend received by them from
Connors' insolvent estate.
The case of Joseph Yatter VS.. Pit.
kin and Miller from Washington
county was then called up by II. A.
Huse attorney for defendants. This
was an action of scre facias against
bail. In 1888 the plaintiff recovered
a Judgment against Owen Miller for
$500, for alienation of affections OF
plaintiffs wife. About the time the
Judgment was obtained Owen Miller
eft the state and return of non est
inventus was made on the execution
issued on the Judgment. At the
May term, 1890, scire facas pro-
!eeeding was commenced against the
jail and case was heard aG tho
sSJsnnary tern 1900. of Supreme
court. Yesterday the defendants
c. II. Pitkin and William Miller sur.
rendered Owen Miller the principal
and asked that they might be released
upon payment of costs accruing in the
scire facias proceeding. The court
took the case under consideration.
At the afternoon session the case
was called up by L. II. Deavitt, who
appeared for John G.. Wing, the at
torney of Yatter and objected to the
discharge of the bail, the claim being
made that the law did not provide fol
the discharge of the bail in such q
case as this. The other side OF the
case was presented by Mr. Huse ant
to allow the plaintiff further time t(
examine, the question was put ovcl
until tomorrow. Owen Miller in the
meantime is confined in the county
Jail.
OF the Caledonia county cases
Arthur L. Brown VS.. Thomas ]
Brown, an action of ejectment, ha'
been affirmed and the remaining case!
were not for trial in their order.
, In re Wellman Parker from Orleans
county was taken up at the Afternoon
session. That was a habcas corpus
proceeding. Parkerhad been arrested
on criminal charge and brought be
fore a Justice of the peace for dispos
ing of property on which there was
mortgage without the consent of th'
mortgage. Parker was convicted
and sentenced to imprisonment wher
his attorney, B. A. Hunt of johnson
brought petition for writ of habea
corpus. The state was represented a
the hearing by Horace T.. Graham o
Craftsbury, the states attorney of Or
leans county and after hearing th'
court decided that the relator was i'm
properly restrained of his liberty ant
he was discharged. The record dlt
not disclose that the property wa
disposed of without the consent o
the mortgagee.
OF the Windsor county cases Stat'
VS.. f. ID. Cadigan for selling bond
without license was continued. Th'
state s attorney has been so busily en-
gagged in hunting the Shaws that HI
has not had time in which to prepare
the cases. Dillingham; Huse ant
Rowland, of Montpelier are attor
neys for Cadigan.
The case of John r. Tupper ct al
VS.. Quincy NJ. Ford was continued.
In A. G., G. A. Dorr, Il. u. Ken
dali ct al. Stickney announced tina
the defendant was ready for hearing
There was no appearance for TIN
plaintilr and the decree of the cour
of chancery dismiSsing the bill wa
affirmed and cause demanded.
Washington, May 10.--Lester II
Monks of Boston and Frances f. Leecl
were married today. Monks is TIN
man who was most interested in TIN
famous Bran trial for the murder o