Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-05-11
SENTENCE HOLDS
Supreme Court Says Murderer
Bean Must Spend Life
in Prison.
BARRE CITY LOSES $4,000
Cannot Asscss Abutting Property for
pnvements on Main Strcct-Chit-
tenden County Cases Set for
Hearing-Argument Of
Cases begun.
BARRE CITY LOSES $4,000


supreme court convened at ten o'clock
this morning in tho court room at the
state House, Chief Judge John W. Rowell
presiding, with all the associate judges
prescnt. Prayer was offered by the Rev.
Guy c. Lamson. pastor OF the First Bap-
fist Church and proclamation opening
court was made by Sheriff Frank III.
Tracy.
The trial docket was first called and dis
position was made of the following cases
set for trial: State vs.. Eugene f. Sar-
good. poisoning, and state VS.. Eugene r..
Sargood, perjury. continued Exceptions
are not settled in these cases and the re-
spondent is serving sentence at States
prison.
state VS.. Eddy Rupee. from Franklin
county, exceptions waved case mol pross-
cd as respondents sentence Is nearly
served State vs.. Alice B. Williams, from
Franklin county, continued. Bundy Il
Weeks KS. Nelson Ellsworth. from Gale
donia county, Judgment affirmed. Her
bert NJ. Jewett vs. Murray Buck and
Frank Jock, by next friend, vs.. Joseph
Couture, both from Caledonia county.
continued by agreement.
The following Chittcndcn county cases
are set for hearing. w. q. f. flanders
vs. Bridget Mulin. ct al, Charles Jen-
nett VS.. Henry Patton; w. o. Baldwin.
receiver, VS. Spear Brothers Frederick j.
White VS.. the Lumorc North American
Co, limited; Reynolds McGinnis Co. vs..
George W. Green; William Carly, admin
istrator, vs. the village of Winooski.
OPINIONS READ.
Several opinions were read. the most
important of which was in that of tho
murder case Of STATE VS.. Joseph Bean.
from Windsor county. This opinion hand
cd down by Chief Judge Rowcll was very
loxbaustivc and occ,lnicd an hour in its
delivery. The respondent was convicted
~ tho 1,occr,hcr form 1907 of .,Indsor
county court of murder in the second do
rroo ana sontonc.d to no confined AT hard
lobo,:in tbe state prison atWindsor for the
torn, of his n,tura, life and topav costs Of
,,.osooutior Precautions worn iakcn bv
u,,,or =. N,o,oro, ANA Az r. G Stick
ro, co,nso, for Ro,n In ,erf.,ip evidence
,rod,,ood n, tho Ground mat II WAS i'm
n,tor;,, and ro,ooto md tended To divert
,ho r,ind. of tho my from the main
| issuc Executions we're also taken to
.ouo portions of ~ o oharr.. on the ground
that they were in error. The opinion by
Chief Judge Rowell ovcrruled all these
exceptions and the ioiloviny entry was
ordered: Judgment that there was no
error IN N" procedures IN county co''r',
his exceptions and that til, sentence Of
the lower court he carried out
Salmon Stern vs.. Edward Il. Sawyer.
broken covenant from Caledonia coun
hotel in ST. Johnsbury and in the lower
court the defendants pleas We're over
ruled pro form. The opinion by Judge
tyler aiiirms tte pro lorna Judgment.
julius o. Frost vs.. tho North British
& Mercantile Insurance 60. of London
and Elinburc, from Windham county
At the trial of this cas- at the April
torn. 1905, there was verdict for the
plaintiff and Judgment on the verdict.
The opinion handed dow this morning
! by Judge Watson aftirms the judgment
of the lower court
Kate r. Russell. cXecu'riX, vs.. c. J.
Ferguson. from Chittenden county. Suit
was brought by the plaintiff to recover
certain court fees due the late judge
Russell in burlington city court. AT the
conclusion of the trial Of this case at the
March term. 1904, a motion for a verdict
for the defendant WAS granted and judg-
mont on the verdict. The opinion by
Judge Powers affirms tho Judgment.
INpoprA>,r pAppr CASE
a. {. blanchard ct al VS. the city OF
Barre. from Washington county. This
was an appeal IN chancery by tho defend
ant growing out of pavement assessments
in the city of Barre assessed against the
plaintiff for 1925 -. Al the September
term. 1904, the demurrer Of the plaintiff
was ovcrrued. the bill adiudGen sufficient
and a pro forma judgment for the plain
tin was given. The opinion by judge
Watson reverses the pro forma deere,
and remands the cause with mandate tina
'"o ","'o' '" '"'"'''0'e',
the bill was adtudsed illegal. but it was
dismissed because the orator has his rem
cdy at law
This opinion means very much to thu
city of Barre inasmuch as it pronounces
illegal the $4,000 in round numbers of as
sessmcnts made on abutting property
where Main street in that city was paved
last year. Under this decision the cit,
cannot collect these assessments where
payment is refused. Mr.. Blanchard. me
orator. is only one of several who tool
this case up as a test case and Will
they have been defeated in one sense %