Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-06-17
Addison County Court.
4 Continued from page ?

1tFWaS aIUer III CLOCK w euueSudy
forenoon when the court got down TO
work, and the criminal docket was then
taken up and the cases upon it were
variously disposed of, temporarily or
otherwise. In the cases of State VS..
Harriet Hepburne, State VS.. Lizzie Good
ale and State VS.. Henry Scott, in all of
which the respondents either pleaded
guilty or were convicted of minor
crimes at previous terms and have since
been in the care of the probation officer,
that situation was allowed to remain for
the time being. In State VS. Almer Hier,
alias Elmer Hier, burglary; State VS..
Edward Barton, information for adul-
terry; State VS.. Bert Rickert, perjury
and State VS.. Alonzo Crossman, bigamy,
the different respondents are all in parts
unknown and the cases were passed.
Several cases arising under the de-
ceased prohibitory law were hanging
over on the docket, and in all of these
the States attorney recommended that
they be dismissed on condition that the
various respondents pay the costs.
These cases were two against E. w.
Train. two against Len o. Allen and one
against w. w. Hope, all of Aliddlebury.
Half a dozen prosecutions on informa-
tan for illegal fishing were set for trial,
them would be otherwise disposed of
later. n mol pros. was recommended in
the case of State VS.. Daisy Wright, who
was tried last December on an informa-
ton charging larceny, the jury disagree
ing. and the case was held under advise
ment.
There were two cases arising under
the present license law against Fred G.
Barnard of Vergennes, two against Don
a. Bisbee of Bristol and two against B.
\. Atkins of Bristol. These were all
tentatively set for trial, and this was the
end of the list with the exception of the
case of State VS.. Don A. Bisbee of Bris-
tol, on information charging adultery,
and which case had been assigned to be
the first one brought to trial.
1t will be remembered that at the
December term, 1902, DR.. Bisbee, the
respondent, who had drug store in
Bristol and another in Middlebury, was
indicted and tried on a charge of adul-
| terry that he was pronounced guilty by
the jury and that the sentence was
stayed and the case taken to the supreme
court on a motion in arrest of judgment;
/ that the case was heard by the supreme
court at the January term, 1903, and
that at the May term of that court the
verdict of the county court was re-
versed and the respondent acquitted and
discharged, the indictment having been
found defective in vital points. Suisse
quently States Attorney Donoway. at
the June term, 1903, filed an informa-
ton to cover the case, remedylng the
defects in the discredited indictment
and charging the respondent with hav-
ing committed adultery with one Emma
Waterman, an unmarried woman, in
NIiddlebury, on October 18th, 1901. 1t
was to this information that DR.. Bisbee
was called on to plead on Wednesday.
A. W. Dickens of Middlebury is assist
ing States Attorney Donoway in the
prosecution and F. L. Fish and w. w.
Rider are conducting the defense.
When the respondent was called upon
to plead to the information Mr.. Fish
interposed a plea in bar, the meaning of
which was that all further prosecution
in the case was barred by the action of
the supreme court in acqutting the
respondent and that he could not be
called upon to plead to the same charge
again. The plea was a lengthy instru-
ment and recited all the various steps
that had been taken in the case from its
inception to date. After due considera-
ton the court over-ruled the plea in bar
and an exception was taken to that
ruling. The rest of the morning session
was spent in empanelng a jury, which
took over an hour, and the whole panel
of Jurors drawn for the term was well.
nigh exhausted before II men were
found who had not formed and eX.
pressed an opinion on the case.
At the opening of the afternoon session
Walter Drew of Warren came into court
and pleaded guilty to an information
charging him with fishing contrary tc
law in posted private waters at Granville
last season. Drew was fined $50 and
costs, which he paid. Charles l. Button
of Middlebury was his counsel.
The taking of testimony in the Bisbet
= case was then begun and was continued
without interruption until 5:l5 o'clock
good progress being made with tn,
states evidence. Sheriff 7. NJ. Chapman
l and Deputy Sheriff w. H. Cobb detailed
, the events attending the arrest of DIR
Bisbee in Mrs. Waterman's rooms in the
Mcleod block in Middlebury between l.
and - o'clock on the night of Sunday
Sept. s, 1901, and other witnesses testified
to attending circumstances and othel
l. matters bearing upon the case. When
recess was taken for the night it was t
$3.50 o'clock Thursday morning, the Cour
desiring to give the attorneys interested
l chance to attend the Republican Count,
, Convention and to get through with al
much work as possible in the early par
of the day.