Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-01-30
COURT IN SESSION
Indications That January Term
of Supreme Court Will
be Short.
ONE DECISION RENDERED
Management OF Fair Must Pay DAM
ages to Injured Bicycle kider-Three
Cases Argued-A Forger Gets
Light Sentence in Washing
ton County Court.

Montpelier, Jan. 2s.-Surreme Court and
County Court we're alternately in session
here to-day. County Court came in at
O'Clock with Judge Start presiding at first
The court disposed II the case OF forgery
against George L. Macomber in which an
information was filed " rday and in
which the respondent pleaded guilty II
seemed that there were unusual circum
stances in the case which led the court
TO I've very lepient. A sentence was i'm
posed OF not legs than three years nor
more than five years in States prison. but
Issuance of mittmus was stayed and the
respondent was put under the charge of
the probation officer The cases against
Maeomber in city Court will probably be
dispo sed of now. John II. Senter and
Hiram A Huse appeared for Macom5er
and +. b. Thomas stated the case from
the standpoint of the State.
supreme Court cane in promptly at 10
CLOCK, all of the judges being pre- sent.
Chief Judge Taft called the trial calendar
to ascertain the cases for hearing. The
indications now are tt at this term of court
will be short as most OF the cases were
represented by some of fifty or more law
yers present
In the Windham county case Of John
W. Beaumont VS.. Rutland railroad COM
pany, apt, a stipulation for discontinu-
ance was filed. Three new State cases
from Windham county were put on the
calendar.
Rutland county case Of W. S. Preston
VS.. Fred E. Gray was disposed of accord
ing to agreement. Judgment affirmed
but plaintiff to take no costs in supreme
court.
A decision was rendered in the case Of
Clyde e. Benedict, by next friend, vs..
Union Agricultural society, Judge Wat
son reading the opinion. The defendant
runs the worlds fair at Tunbridge and
certain year advertised bicycle race
for prizes and in which the competitors
must pay an entry feee. The plaintiff
participated in the race and was injured
by colliding with a sulky on the track.
The court held that the Agricultural
ciety was responsible for the damag es,
inasmuch as it was their duty to keep the
track clear and free Of obst aces during
the race. 1t was also held that it was
not contrbutory negligence in the pla in
tiff to ride in the race with his head down
so that he could not we'll sec ahead, as
from the nature of the contest and the
custom of riders in general, this was ne
cessary for good racing. Judge Start
dissented from the second holding. assert
ing that the plaintiff was guilty of Grim
inal negligence. In this case in county
court a judgment of 500 was recovered.
The first case heard was that of State
We. +. II, Learned from Franklin county.
The question Is as to the sufflciency of tho
indictment. which was for keeping a buck
State and a. A. Hall and l.. w. McGet
trick for the respondent
The second case was also a question OF
indictment that Of State VS.. Harry Luln-
bia for rape. The woman in this case by
the proof of the State was Of weak mind
but according to the respondent this weak
ness of mind was not charged in the in
dictment The respondent also claims
that rape can not be proved with person
non compos. States Attorney Steele for
the State and w d. Stewart and f. w.
MCGettrick for the respondent.
Tho case from Grand Isle county of f.
n. Goodsell VS. Rutland Canadian Rail-
road company was heard on motion to dis
miss. The case is an appeal from com
mssioners. Jed p. Ladd and A. A. Hall
for plaintiff and f. III. Button for defend
ant.
The Orleans county case OF Arthur Mort
settle vs.. Canadian Pacific Railway Co.
was partly heard. In this case the plain
tiff was a freight brakeman en- the defen-
dunt's train and according to his claims
was injured by berg knc cked off from
freight car by switch handle when he
was getting on the car in a natural man
ner. verdict was ordered fer the plain
tin Redmond and Cook for the plaintiff
and Alfred for defendant.
CONCERT AT FELLOWS FALLS
! Fellows Falls jan. oS--The fourteenth
annual concert of the Bellows Falls Choral
Urion was held at the opera house to-
right. Mr.. Nelson p. Coin of Newport,
n H., was the conductor the sole list being
Miss Edna Marie Goulioud, scIrano Mrs.
Frank Huntress of Koono n. II, was the
accompanist The Boston Ideal club q.
A. Lansing. director. SISTED the Union
and with a chorus Of over rs well trained
voices an excellent programme was rem
d,rcd Thu members of the Union have
been drilled for several months for this
event and n" ccncrt N5S a marked SUI
cess, beirg Thoroughly enjoyed BY the large
audience present
STATE FAIR IN RUTLAND