Middlebury register. (Middlebury, Vt.) 1886-1937, 1903-12-25
COURT TAKES RECESS.
Time taken up with Criminal Cases Until
Yesterday Afternoon,

Yesterday Afternoon,
The case of State VS.. William Tyrrell
of Vergennes for stealing five hors e
blankets from Charles LaBoeuf of Yer
gennes was called and it was concluded
Friday morning. 1t is unnecessary to go
into the details of the evidence in this
case, as all that was important was a
repetition of that in the case against
Hocomb, in which Tyrrell was the star
witness. j. w. Page of Bristol assisted
by A. w. Dickens of Middlebury had
charge of Tyrrell's defense. Brief argu-
ments were made by the counsel f riday
morning and the Judge gave the case to
the jury in five minute charge shortly
after 10 o'clock. In about an hour the
jury came in and pronounced the res
pondent not guilty. He was then dis
charged from custody.
The next case was that of the State VS..
Henry Eubar, a Lincoln youth who was
charged on information with having
committed rape on the person of his
II year old sister Fannie, at a lumber
camp in Huntington and at various other
places from the time Fannie was eleven
years of age up to last May, one par
ticular time and place having to be
relied upon by the prosecution. The
jury brought in a verdict of not guilty.
The father of the young girl, Joseph
Eubar, who had been in custody on a
charge of similar offenses against his
daughter, was allowed to go when the
jury failed to convict the son.
The case of the State VS.. Daisy Wright
was started Saturday afternoon. Daisy
is an IS year old woman who was mar
ried at about thirteen to man old
enough to be her grandfather, named
Taylor. 1t was charged that on the 26th
of June last she stole 500 from John
Billings of Munger street The girl had
formerly worked at the Billings place
and had gone there after her clothes on
the night in question and had remained
there over night. The next morning she
went early over to Homer Kendalrs on
the same street and shortly after her
departure Mr.. Billings missed the money
from his trousers pocket and the girl was
followed across to Kendalls. There she
was confronted and charged with the
theft. She produced the money and
handed it over but no one would take it
until the arrival of Sheriff Chapman,
who had been telephoned for and who
took the bills four Sl0s and three Sj's
and sealed them up. The respondent
testified Tuesday forenoon that she and
Mrs. Billings had made arrangements to
go to Massachusetts and that Mrs. Bill
lings had given her the money to 90
down in advance and make the necessary
preliminary plans and that was Just how
the money came to be in her possession.
States Attorney Donaway represented
the prosecution and w. w. Rider and j.
w. Page of Bristol appeared for the res
pondent. The Jury got the case shortly
before noon on Tuesday and We're out on
it all the afternoon. They came into
court at 4: 30 and their foreman said that
they We're unable to agree. Judge Tyler
sent them out again to think the case
over further. They did not agree during
the night and had not come in up to
II o'clock Wednesday when court was
in session and hearing court matters,
with the expectation of adjourning in
the afternoon until p. m. on Tuesday,
December 30, to which time the jurors
not on the pending case We're excused
Tuesday afternoon and at which time
the important case of State VS.. DR.. ID. A.
Bisbee is expected to come on.
Most of Tuesday afternoons session
vas taken up with the petition for separ-
ate support of Sarah G.. Vail VS.. Phenner
Vail, Mr.. Vail being resident of Or
well. Mrs. Vail was, at "A former term
of this court allowed Sl5 per month for
her separate maintenance and her APP
plication now was for an increase in the
allowance, as she claims that she cannot
live in the atmosphere of Vermont and
that she has been ordered by her physi-
clan to live in the Adirondack region of
New York, and that $l5 month is in
adequate to the support of herself and
her five-year-old daughter over there.
The decision of the court was reserved
T. w. Moloney of Rutland, represented
petitioner and. Judge w. H. Bliss, of
Middlebury, represented Mr.. Vail.
Unless the Bisbee case should come on
next Tuesday there is not much doubt
that the term will close before New
Years day.
The jury after being out "a hours
failed to agree.