The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1901-12-04
ORANGE COUNTY.


ennie b. Smith V. Frank Smith Judg
ment affirmed. Opinion, Judge start
State Francis Buck, malicious mis-
chief. There Is no error iii and re-
spondent takes nothing by his exceptions
Sentence OF 800 and costs or alternative
to De carried out Respondent placed ill
the custody of sheriff. Opinion, Judge
Start. Respondent Buck was AT the tate
House at an early hour this morning and
when the decision i'll his case was ren-
dered apparently was ignorant of Its i'm
port, for when asked il he desired to set
tie, he replied no, and stated that he had
secured several more witnesses who
would testify in his behalf.
He talked so loud that his attorneys
hustled him into the corridor He is an
aged and tOrlorn appearing man, being
uukempt, but Is sad to possess some
property. 1t was supposed the money
would be sent so as To be here TINS morn
ing to settle his fine and costs, but it did
not arrive III time to keep Buck from tax
ing dinner at the jail
State Ohm + Kimball,: adultery
kimDall was III court, having arrived
from Chelsea jail that morning III COM
p ny with Deputy Sheriff Adams. KIM
ball is Just the extreme of Francis uuk
us Il type, appearing like IA French dane
ing master IN his dress and manner
Upon adjournment of court for dinner
laughlngly as though he had not Il care i'll
the world.
X. ~ Harvey appeared for Kimball and
followed the line of action in his case as
told IN the journal of Tuesday Mr. Har-
vey asked the court To strike oil the en-
try now ON the docket in this case and
presented as reason for doing SO an AT
lidaVlt made and sworn to by kmball on
Nov. 70 The affidavit sets up that KIM
pail 5 counsel, When he was convicted III
county court, was q. W. Wing, and that
when released from custody on bail he
went 10 ostOn TO resume his business.
leaving the matter of his appearance in
Supreme Court and the preparation of his
Bill of eXceptionslentirely to Mr., Wing,
having kept Air Wing informed during
the meantime as TO his whereabouts.
He had understood from VII Wing that
his case would not come up i'll Supreme
Court until sometime in November and
about the first of that month he came TO
Randolph on IA visit. He was arrested
there on November 8 and has since been
confined III the Chelsea jail, bail being re-
fused. He then learned for the first time
of the disposition that had been made of
his case case i'll Supreme Court, not hay
ing been notified by AIR Wing or any
other person.
States Attorney David : Conant of Or
ange county said in reply to the affidavit
that kimballs case had been on the
county docket for three terms and an
equal number of terms on the Supreme
Court docket, and that in order TO get
MN into court for trial at all the State
mas Deen put to the greatest possible eX-
pellse III the matter of requisition papers
and other legal means as he would not
come without For this reason the State S
attorney thought Kimball should take
what the law had prescribed for him
The judges retired to their room for a
few moments TO consult over the case
Upon re-entering the court room, Judge
RoweH announced that the court would
have to refuse to dispose of the case in
the manner asked upon Kimballs affi-
davit alone The court asked IT. Harvey
why Mr. Wing was not in court aud why
he had not filed bill of exceptions in the
case
Mr.. Harvey replied that he was not at
liberty TO answer the questions but would
say only that the reasons were not those