The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1903-06-04

by cross at the head of both the
Democratic and Local Option tickets
at the municipal election should have
been counted for the candidates on
those tickets, they being the same on
each one. 1t is held that the intent
of the voters was plain and that there
were no marks on the ballots which
would invalidate them. Hawley was
declared elected in March by major
ity of three votes and this decision
changed that to safe majority for
Burke. The order of the court fol-
lows: In this cause the complaint is
sustained, writ awarded, and judg-
ment that the complainant is entitled
to the Office mentioned in said COM
PLANT and that the defendant does not
in any manner intermeddle Herewith
not concern himself in or about the
same, but that he be absolutely fore
judged and secluded from exercising
any of the functions thereof, and that
he do pay the costs Of these proceed
lngs.
Another case of wide interest, the
Andrew Rogers habeas corpus matter,
was decided. The court holds that
the city court of Montpelier acted
rightfully in sentencing Rogers to
the house of correction at Rutland, as
an alternative sentence when he was
unable to pay the fine of Sl5 and costs
imposed for second offence of intoX-
ication, and holds that the thirty days
in Jail mentioned in section SO of the
liquor law is not an alternative SEN
tence. 1t is further decided that it
was proper under section 1864 of YER
mont Statutes to tax the costs of pros
ecution against the respondent All
error in the form of the mittimus is
found in that the crime is not proper
ly described, but the proceedings hav-
ing been regular up to this point it is
ordered that a new mlttimus be is
sued correcting that error and that
Rogers be then i'll custody of the Off
GER for commitment. Judge Tyler also
rendered this opinion,
In the Addison county quo warranto
case of Irving S. Jenny VS.. Willis
Sweeney it was decided that Sweeney
is rightfully road commissioner of the
town of Leicester and the complaint
was dismissed. Sweeney was declared
elected on the ninth ballot while Jen-
ny claimed election on the fourth and
sixth. Judge Stafford had the case.
Other decisions rendered were as
follows, no opinion being read in
any of them.
Washington county. Zalva W.
Chase V. Charles A. Watson ct al, for
assault, judgment affirmed. In coun-
ty court verdict and Judgment were
for defendant Gate. and for plaintiff
againt defendants Bill and Watson
for one cent damages and costs and the
lower court refused certified exc
cution.
Bennington county. Caleb Clark VS..
John Clement trover, Judgment re-
yersed, and Judgment for plaintiff for
$64. SO and costs. Judge Start a. j.
Downs ct al. VS.. II. A. Johnson, exc
cutor ct al, judgment sustaining the
demurrer affirmed and cause remand
ed Judge Start.
Caledonia county. William L. Foss
VS.. Clarence Smith, trespass, judg-
ment affirmed and cause remanded.
Windsor county. Charles Severance
VS.. Thomas Elliott, Judgment for
plaintiff affirmed This decides that
a ram must be marked by more than
one of its owners initials wehen run
ming loose, in order to avoid the pen-
atty under Vermont Statutes 4797 1880.
Franklin county. - Joseph Barrette
v. Henry Carr and John Carr, judg-
ment of county court setting aside
verdict affirmed and cause remanded.
Rutland county State VS.. Andrew
Rosenthal, for violation of city or
dinance against carrying a loaded
pistol, judgment reversed, sentence set
aside, demurrer sustained, complaint
quashed, and judgment that the re-
spondent be discharged.
1t was II O'Clock when court went
in to give these decisions and shortly
before twelve a recess was taken until
July 80. Judge Tyler announced that
a number of decisions will be rendered
then.