Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-01-29
Chief Judge Rowell Unable to Be
Present at Opening of Jam
uary Term.
SEVERAL DECISIONS GIVEN
Decision against Robert Avery Build.
ing q Dam in Winooeki River M. e.
His Sentence-Auditor New
Admitted to the Bar.

Montpelier Jan. 27--The January term
OF supreme court opened at 10 o'clock this
morning at the state House. Judge J. NJ.
| Tyler presiding in the absence of Chief
Judge Rowell. All the other Judges were
present Judge Tyler stated that Chief
Judge Rowell was unable to be present at
the opening of court but he expected to
,e here later. Prayer was offered by the
Rev. l." f. Reed, pastor Of Bethany Con
grcgational Church, and Sheriff Evans
performed his first Official act in court by
making proclamation declaring the court
open.
Among tho attorneys present from out
of town were: H. A. Burt of Swanton:
9. w. Morse of Waterbury; +. w. Me-
Gcttrick, c. w. Writer'S, Il. a. Sowlos,
| Nilliar Harrington and A. A. Hall of 81.
Adams. II. H. Blanchard of Springfield;
). j.. fingree, David A. Pingree and VIII
lam Eatchelder of Hartford; j. w Red
mond, f. c. Williams and John Young Of
Newport; Charles r. Tarbell OF Royal
ton: w. T.. johnson of Woodstock; II. 4.
Rustedt of Rchford; j. d. Denison Of
Randolph. f.. W. Bisbce, F. S. Williams
and +. j. Martin of Barre: z. 5. Stanton
of RoXbury; Gilbert "A. Davis of Windsor:
NJ n Wilson Of Randolph: Frank Plum
ley of Northheld; F. f. Alfred of New
port; w. W. Miles of Barton; John Will
son of Bethel. Mrs. Jessie Bigwood, ]. r..
cushran, j. 7. Stearns, V. a. Billiard. II.
s. Peck and Z. E. Brown OF Burlington,
Emmett No Tetters of Enosburgh. ". II.
Fairchild Of Bakersfield, j. q. Sargent Of
Ludlow; G. g. Austin of ST. Adams c. =.
Wits Of Bratteboro; u. S. Conant Of
Bradford: W. y. C.. Stickney of Bethel,
II. b Ryder of Bellows Falls; J. +. Lam
son of cabot Elisha May of st. Johnsbury,
and j. ]. Monahan of Underhll.
Decisions were rendered in cases as fol-
lows Edward II. Deavitt w. Washing
ton count, an appeal by orator. The case
involved the ownership of certain land
now occupied by Washington county Jail
and for a Jail yard. The orator desires
to erect a building in the dooryard and
prayed that the county be enjoined from
any further occupancy of the land. The
opinion by Chief Judge Rowell read by
Judge Watson was against the orator
William l. Scoville w. James W. Brock,
from Washington county. The defendant
as guardian of the orator received GER
tain bonds of foreign corporation as
part of his estate and when the orator
became of age delivered these securities
to him. The orator claims in this case
that when the bonds were received by
him they had deprecated III value until
they were worthless. The court holds the
bill of the orator insufficient, decree af-
nrmeu ana cause ren'"''neu' oP'''o" ny
Judge Munson.
IN me WasnitS'oil county case VI u. w;
i'toch' ADMINISTRATIVE w. 'hc p'"''ei "'0u
Acciucht company, 'uusc Mui0o" 'c"'
an opinion overriding the motion Tor a
furthcr nearing ana d'niinins 'ie Ju"5-
ment of tho county court.
Ross huhter vs.. lnninaS Emerson ,o'i'
washington county Inns '"se nlHseu '.l
/ inc ownership OF certain sprI"E III
Barre from which the defendant took
water whlch ne c'aiiH'o as MS ,tn'.
me OPINION haioen GOWN ny 'uust S'el
rules mat the delchuah' h'iu no ,lsu' w
| the spring, ITO lorha u''rey hi''''''',,
Minnie NJ. Nldh'r vs. H. d. it'hJh''ll"'
| from Washington county. sun To re-
plevin an animal distrainen' ne par
ties reside III WOODBURY. J"usHeHt III
lower court was ior inc ucI'i""h' l" re-
! turh the property Sel2e" ana Judgment
Tor the defendant TO recover one cent
dainases ana costs ENcep'lonS ny pam
NIX IN the opinion read nE Judge wa,
son JUDGMENT was reversed ana JuuSil'"'
mat act'oh DC uISil'SSe' "'u'out 'os'9'
robert Avery trustee, vs. Vermont
Electrlc ooh'pFhN ct al, rom ! nv .c.u'' u
county Inc pchuol was inc owner III
u m'il property ON me Nlno"skl river on
"h,ch ne W'She" 10 raiSc 'ne ohhi 10 lur
nlHh power lor inc iiihtSourSh rdIiroa"'
me ueichuaht Cinims thal Su'h raising
!,ot uV "t p"oic oehei'' 'He u"c'slo'' ny
JUDGE MuhSoh was against me plaln'''.
Judgment "l lo"c' court dHrheu anu
cause Ieindnue''
II, W. hui'V vs. BOSTON Maine IA !.
rod" from orange county inc p!dlhtllt
wa, IN tne IAN OF 49, shot III the cheo';
al White RIVER JuncHoh by stray bullet
from r'ne hrod ny one Nncll' me plain
iii AZ thc tlme being IN a car belonging
10 we dul.huaiit rai'r"hd when was side
iucheu AT w h"e iANer JNhrtlnh Inc
uelci't III ths Gus" Is thot Alien VINO
urea inc rlne had scttIed with the plain
WI 10 ms nun satisfaction ana mat this
was IA nhr 70 tiic present suit ms view
was sts'a'"ed ny the court opinion by
"u.S' 'SIN..
S'"'e III vermont vs. MILO l.. bentley,
nlsatly anu adultery from WINDSOR coun-
W; inc respondent was convicted in
WINDSOR county court OF the crime
Cnarscd fi' deserted ms trst wife at
Nhitehaii. ~ Y. because OF their UNI
happy relations ana three wears later
was married IN bethcL The defence was
that the respondent supposed ne had a
rlght so to do, Judgment that there was
no error III the proceedings In the lower
court and that the respondent takes
nothing by his exception. Opinion by
Judge watson The respondent was son
fenced to not less than eighteen months
nor more than two years at hard labor
in tho state prison at Windsor and to
pay costs or prosecutions