The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1900-05-30
SUPREME COURT.

The Orange county case OF A, 8. Martin,
ct al, against 1. b. Palmer, bill Of foreclos-
ure was heard Tuesday afternoon. j. W.
Gordon for plaintiff, r. M. Harvey for de-
PENDANT.
The case OF Hardwick Savings Bank and
Trust Company against r. f. brennan
Tuesday afternoon. w. A. Dutton for
plaintiffs w. P. Stafford and j. P. Lamson
for defendant. This was an action in spec
ial assumpsit and has twice been heard In
Supreme Court Plaintiff secured judge
ment for 1886 in June, 1897. This verdict
was set aside at the January term OF Su-
preme Court in 1899, the case was returned
the following December and plaintiff se-
cured a verdict of S106532. Exceptions by
defendants as to certain evidence intro
duced.
The arguments In the bribery case OF
| State against George W. Smith, from Wash
| ington county, were completed Wednes-
| day, and the case OF Benz amin A. Bylow
| against the Union Casualty Company, was
also heard.
The cases Of State against Charles Do
herty, murder and Charles Doherty against
| the State Of Vermont petition for new
trial, were reached w ednesday afternoon.
The case OF State against Doherty was
first taken up. The respondent, was In
Tailor Tracey. He is very pale after bis
long confinement, but paid the closest at
| tention to the arguments of counsel.
The State was represented by States At
| torney r. A. Hoar and w. A. Lord, and the
respondent by e. Fl. Deavitt and Frank
| Plumley.
The first argument for the defence was
made by Mr.. Desvitt. His exceptions had
| reference, in part, not 80 much to the COM
petenc' OF certain testimony admitted, as
to It's weight.
He dweit at length upon the evidence adj
init Tod RI ahnntin0 H.
topsy. Exceptions were also taken as to
| the exclusion of certain evidence as to
| Murphy's condition between the shooting
and the time of his death, that would lead
the jury to determine what killed him.
Mr.. Deavtt argued that the respondent
through his counsel, should have had time
to examine the Hypothetical questions put
to the physician who attended Murphy
both at Bolton Falls and in the hospital al
Burlington where he died.
Exception was aleO taken to the exclu
sion regarding the colored man who work
ed on the job at Bolton Falls with the re-
spondent, who had threatened to "fx" Do
herty. II was claimed by Mr.. Deavitt that
this evidence would have shown why Do
herty bought the revolver at Waterbury
the Friday night before the shooting, tina,
it was not bought particularly for Murphy
but for the general protection of the re-
spondent who had reason to believe there
was plot at the dam to take his life. Such
evidence, which was excluded, it was claim
ed would have shown the state Of mind
purpose and motive of the respondent.
The arguments in the Doherty cases were
completed Wednesday afternoon, and the
petition of mandsmus brought by Joseph
Ystter against M. <. Smile was heard
Decision was reserved in both cases.
Decisions W re rendered late Wednesday
afternoon by Judge Munson in two cases.
Peter Garrow against Charles Miller from
Addison county. Judgment for defendant
affirmed.
Aaron d. Files, apt, against the estate Of
Asahel 8. Watkins, Walter @. Lander ex
ecutor, from Rutland county. Judgment
of County court reversed and cause re-
manded
Court went in this morning at nine o'clock
Only one decision was announced and tina
by Chief Judge Taft. Silas o. Mead agains
the town OF Moretown, road case from
Washington county. Exceptions dismissed
because they were not filed wi hin thirty
days of final adjournment.
Shortly before ten o'clock court took a re
cess until Thursday, July 10, at nine O'CLOCK
in the morning, when decisions will be rem
dered on cases heard at this term. During
the ten working days the court has beer
in session thirty.tive cases have been ar
gued or passed up in briefs.