Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-02-13
CHITTEN DEN COUNTY CASES
a Test Injunction Case Before supreme
Court-Several Washington County
Disputes Argued.

Montpelier, Feb G--in supreme court
this mornina; the Chttcnden county case
of j. II. ThCrp vs.. Estate of L w. Thorp.
apt was finished. There are two points
submitted to the court i'm this case. the
first being whether the appeal could be
orposcd ON the ground of informally al
tar it had been acted upon in county
court, aud the second is as to the allow
aucp or diSlllowancc of interest on the
claims of the plaintiff. George Powers
Tor plaintiff and Monahan and Bnrnap 1cr
the defendant.
state ". Henry l.. Perry from 'hitlon-
den county WIS heard next. This is AN
appeal from a decree of injunction against
Perry on liquor traffic. The defendant
claims the decree is unlawful and irrcEu-
lar in that the words therein containt d
"Sub-tcnantS. Sub-lrsscCS, and any other
person" are inserted without authority
states Attorney Mower for the state and
Allen Martin and Cushman and sherman
Tor The defendant.
rho Wnshil ton county cases OF Morris
Mcl\instry v. q. K. Collins and .. II.
LcVcll. on Of which is here ON exceptions
and thc eth ~ being retiticn for new
trial The petition for a ncw trial Is pas
ed upon charges If circulation OF iniprop-
g" reports about the Plaintiffs witncs 5eS
and the plaintiff. which reports reached
the Jury, 1t is further Gained that ce"-
tain Jurors wore pc, SOLa,lE influenced 10y
stories ai.cn To- them outside of court. 1t
is GAINED that these reports were circulat-
cd ly the Defendants counsel and friends
and that the Jury as Influenced thereby.
Tire original case was for assault by de-
f,rdant1 on the plairtins wife. The
c!iumod assault was made in the taking
OF Il colt On Il H"plt vim ' 1T by Collins who
d was mt the TINE sheriff Of the cCun,Y. In
taking tia colt resistance WAS r'ade and
the plaintiff claimed internal injuries to
! 10, fol in h,r In ltN
bleed poisoning Verdict in County Court
fer defendants Sh1tlen, Scnter and God
darl and II. NJ. Harvey for plaintiff and
j. l.. Llms1H ana George w. Wing for
tho defendants.
Inc Washington county case of state ".
:. II. .. ioswcrth for violating a city or
cinance W.; submitted On briefs by states
Attorney iloac fer the State and y. J.
Deavitt and T.. II. Dewitt for the respon-
cent Tho case was brought against l}os-
worth for building and erecting drain
and soil Ijpo less than four inches in Ill
Gmcter contrary TO the city ordinance. The
respondent was convicted and is testing
the cOnstitutionality OF the law here to-
lother with exceptions to evidence and re-
fGsHl t. iroct II verdict in City Court Of
Montpeli.r
State IS Joseph A. DOW from Washing
ten county was next heard. DR.. Dow was
indicted Tor perjury in making false
oalll rs 10 a loss Ill Il Hic III W cSt Tops
ham in his returns to the insurance com
panN. Thd respondent demurrcd to the
indictment and the indictment was suS-
tanned i'm thu County Court. The ipdot-
mcnt is being tried on exceptions in thi@
cont. The rCspor lent claims that tho
act alleged WAS not perjury in that it was
an cath not required by law even if it
were false. other grounds are relied Oh
also. Tho perjury alleged is statutory ac-
colrug to the acts of 1900, No. e. States
Attorney Il. a Hear for the state and
Join W. Gordon for the respondent.