Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1901-11-28
SUPREME COURT.
Many Important Decisions on
Vermont Statutes Render
ed Yesterday.
A CHANCE FOR DOHERTY
Railroad Employees Not Public
Notwithstanding Peppermint Es-
sence For Drinking Violation
of Prohibitory Law.

Montpelier, Nov 47.-Suprcme Court met
today at $50 o'clock and gave the results
of It's recent deliberations Monday and
Tu'. .ddy of this week The judges of the
Co4rt were in chambers at the Pavilion
Hotel for consultation on the cases now
in iho hands of the court. Chief judge
Russell y. Tart was unable to bc present
ON account of illness ana Judge Rowcll
Pr ided. 1t is understood that Judge
Tart ) illness Is not serious enough 10 pie-
vent his taking his December term Of
County Court in Orange county.
lu the case OF State vs.. Charles Dohcrty.
who WAS sentenced last October to be-
hung December 6 after a second attemp pt
i'm Supr, me Court to get Il new trial on
tho ground of newly discovered evidence
OF insanity "a petition having been pre-
sutcd by Attorney F.. II. Dcavitt, the
court took the following action: The re-
spondcnt Ia, ing brought his petition for
a writ of error to carry said cause 10 the
Supreme Court of the United States and
sal1 pctiticn and writ having pecu duly
allowed and filed in this court, ii is hereby
ordered that execution Of tho sentence OF
death heretofore imposed be and ths same
is postponed to the second Tuesday of
February, \. H.. l9o-. between thu hours
named in Sad sentence 1t L. not cN-
pcctcd that the case will be heard in the
United States Court before that time bUt
tho exec ution will be continued from term
to torn until tho decision comes.
The following decisions were rendered:
Bennington County Cases. -Jamos Saith
Woolen Machine Co. vs.. John ;. Iloaon,
admir-, error found in the lower courD.
Judgment reversed as to the picker and
Judgment for defendant that it b. retu IL
cd. The rest OF the judgment Is affirm Il
and defendant to recover his costs in tn.s
court opinion by Judge kowel.
Homer y. Lyons ". Rutland Railroad
GO. Judgment OF county court affirmed.
This case decides that It railroad is not
il public officer under section 12.S Of YER
mont statutes. and aiso that county court
may dismiss am appeal upon the face OF
the papers
Town .f Rcadsboro vs.. Town Of Wood
f,rd and Town of Searsburg W. Town of
rs oodtord have had commissioners ap-
pointed in each case.
.Hate W. katc LunderEan ct al. aud
State vs.. Iucius Collins ct d.. which we e
tried together. were decided Decree Hf-
urmcl and cause rcmandcl Tn deci, es
hat au owner is liable Tor nuisanD whoa
uls agent has good reason to know That
Huuor has been sold bv "A tenant. whether
trr. owner has personal knovl,i..r or not.
Ouiniou hy Judge stafford
Iamoille County CaSc.-m re- Chauccy
Warmers estate. Lv agreement. .ntry mad.
a.t follows. judgement of county court a, =
frnicd aud order certified TO urnbut. court
without costs.
Orleans County Cascs.-Cicorgc II. Davis
~. ~. II. Blaisd.u and r.. ". Barrow.
udnl.rs. of f.. NJ r. Nelson's ,s.ufr'
ilaiutU takes nothing bv his rc-,r.,i-
m,ut. Nrrlirt for -l,.citic sllto c.,rri.s
with if verdict for costs Cuiuinu b,.
Judge PoyycU
Caledonia Comfy Caso-N-alter Russell
vs. AI;rv ph,lps ont iu5rn.nt utiirn .d
Orinion by Jrdrc (Natson
Nind4n, Cor,,tv C.s.. rul,o Vr,,l,ir..
" VIM. ~ TrondaII n.iror i'm on,Int>.
torirt Ju,Iptncut affirmed E,i,.,,o Il
missibIo to 1,tarnir. th,' vain, of h 4
when no o,,r.ntn,nt mad. onini,n h1.
Judge Tvlor
Emma + I.,vton VS. Town. of Nv,atb. rs-
Gald .rIdgnrnt nf c,,,ntv rn,,r, IN M
ed Nntirr sufHciout in town to ,nIlrnt
for injury ON hirhyo1. even if tho no
ti,o dors no, s,t l1,, tb,t mo ,.ni1',,, ,,.,,-
o,I a bi,b,v,v ycbi,, IN, tn,yr ,,,. Lo',,'I
~ L,af, il, ,,,i,. .,,i ~, ,l,..t dr,,. '.,'
claimed oii,,io,, ...rt il, b,. T,,'i ~,
Chu.lntto S,rr'nt - al ~ t'tHo t,,',
t.r and 4, !, ct,,,o c,.,,, -. . i w.
,,,.rt f.,,,.L and ...,,,. ,,.I '"''S
ion L,. tmd'c nov.oli O4''''-
St,;. i.,''9,, t.,o,,. ,. Co.,