The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1903-05-14
SUPREME COURT.

Line may term OF supreme court
opened on Tuesday ut ten o'clock
with a large number of lawyers pres
ent. AL of the judges were on the
bench except Chief Judge Rowell and
from him Acting Chief Tyler read
letter telling he is improving. The
usual formalities were gone through
with, there being prayer by Rev. A.
N. Lewis and the proclamation by the
sheriff. Several important decisions
were then rendered but not as many
as had been expected. Judge Tyler,
in explanation of the large number of
cases now with the court for decision,
said several members of the court had
been engaged almost all of the time
during the past few months in county
court work, so that there ha been no
opportunity for consultation of the full
bench as is necessary before the rem
dering OF decisions.
The following cases we're decided !:
State " J.P. Donovan, from Washing
ton county, judgment reversed, verdict
set aside, and new trial granted.
Donovan was convicted of forgery at
the March term of county court in
1901. 1t seems Donovan sold an organ
to Alonzo Parsons, taking in payment
lien promissory note for 500. On
the back of the note at some time, the
State claimed, was written, II will
deliver $1,000 feet of AZ inch clap
boards in payment of this note" This
was signed by Parsons and an accep-
lance made by Donovan. The State
claimed that later Donovan changed
the figures so that it read "516 inch
clapboards. ~ The reversal of judg-
ment is on the exclusion of certain
evidence which would have tended to
show that that number of AZ inch
clapboards would not have been worth
800, while 90 inch boards would have
been worth that sum, as tending to
show that the figures were originally
51s. Opinion by Judge Tyler.
Isaac S. Wilson v. Union Mutual
Fire Insurance Co Judgment for
plaintiff reversed and cause remanded
This is an Orleans county case in
which the plaintiff sued to recover
from the Montpelier company insur-
ance on buildings owned by the plain
tiff. The defence was that clause
in the policy declared the same to be
void if at any time the insured should
use "steam farm engine" within 100
feet of the buildings insured. The
evidence showed that an upright sta
tionarv engine was moved to the plain
tiff's farm about ten days before the
fire and was set up about 70 feet from
the buildings and at the time of the
fire was in use as power for cutting
ensilage. Verdict of the jury was
50, 500 for plaintiff. The court now
holds that the engine in use was a
"steam farm engine within the
meaning of the policy and that veI-
dict for the defendant should have been
ordered in county court. Opinion by
Judge Tyler.
State v. Dan A. Bisbee, from Ad-
Olson county, Judgment on verdict of
guilty Of adultery set aside, indict-
ment adjudged insufficient, and judg-
ment that the respondent be acquitted.
Opinion by Judge Watson.
Charles r. Davis V. Bowers Granite
Co., from Caledonia county, Judgment
affirmed. In county court the plaintiff
for trespass. Judge Watson handed
w. G.. Payne V. William Sheets,
from Franklin county, Judgment for
plaintiff affirmed and cause remanded.
This case decides that a person who,
has purchased the exclusive right to
hunt, fish and trap on premises which
he does not own thereby secures, not
an easement, but an interest in the
land itself, so that he can maintain
trespass against person fishing OIL the
premises. Opinion by Judge Watson.
Edward Dana, executor, ct AL, v.
E. @. Stafford ct AL, pro forma decree
bill reversed and cause 1e-
manded with mandate. This is Rut-
land county case involving the con-
of clause in a will giving
certain powers to sell building lots.
Opinion by Judge Munson.
The Windsor county case of Richard
Logworth V. Benjamin f. Chapman
has been settled and discontinued.
The Essex county case of l.. W.
Stevens v. r @. Goodhue was a mis-
entry. Clerk Smile in calling the
docket told the court that he under
stood the respondents in the Windham
county perjury cases of State V. Ed
ward Gonyer and State V. Peter Orcutt
have been paIdoned by the Governor
but that no official communication tc
that effect has been received.
Among the lawyers present from
outside Washington county were f.
W. McGettrick. St. Adams, W. W.
Stickney, Ludlow, Alexander Dunnett
and L. P. Slack and Elisha May, st.
Johnsbury, John Redmond and John
Young. Newport Samuel j. Pingree,
Hartford. V. f. Billiard and r. E.
Brown, Burlington, Fuller @. Smith
and Harry Blodgett, st. Adams, Hale
X. Darling, Chelsea.