Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-05-24
Railroad Commissions Order to
the Rutland Railroad Held
for Naught.
MUST SERVE OUT SENTENCE.
w. r. McI<crun Was Not Serving Time
While Out on PnroIe-Judgmeut
of Burlington City Court Az
hrmcd Supreme Court
Adjourned Friday.

Montpelier, May 1S.--After disposing
OF two cases of State interest, heard
this term, and ordering several other
entries the May term of supreme court
came to a final adjournment shortly
before noon to-day. Tho Rutland Rail-
road company was sustained in its con-
tention that the State board of rail-
road commissioners had no authority
TO issue an order prohibiting it from
running its locomotives with the ten
der ahead, and, by order of the court
William r. Mckenna must go back
to state prison at Windsor to serve
the remainder of his maximum sem
tence.
The opinion in tho Rutland railroad
case was read by Judge Tyler. This
order of the railroad commissioners
grew out of "A fatal accident at Ben
nington last November at what Is
known as Fixes crossing, in which
Harris p. Linsley and Miss Evelyn =.
willing lost their lives. The opinion
by Judge Tyler held that the commits
sioners had no authority to make the
order in question as the hearing at
Bennington was held solely to deter
mine the cause of the accident. The
l'IIoWIlS entry WIS orutGtu, JuuS
| ment that the order of the commission
ers is null and void and held for
naught.
The opinion in the McKenna habeas
corpus case was read by Judge Mum
son. The facts in this case have re-
Gently been published. Mckenna was
sentenced from Windsor county for
grand larceny for not less than one
year nor more than one year and six
months at hard labor in the state
prison at Windsor. At the expiration
| Of his minimum sentence he was par
| oiled by Governor Bell. but he violated
his parole and was returned to prison
Mckenna claimed that the time he was
| out on parole counted in his sentence
| but the opinion of Judge Munson holds
| that the relator is lawfully imprison-
ed. and that he be remanded to the
custody from which he was taken Ir
other words. McKenna is set back tc
where he was when he was released
| on parole. and he must now serve the
remainder of his maximum sentence
which will expire June 16 next
In the Windsor county case of state
VS. John Hurley who was convicted
OF jail breaking while serving sentence
for conviction of selling intoxica ting
| liquor, Judge Munson read an opinion
in which the exceptions of the respon-
dent are sustained, the judgment and
| the verdict are set aside the demurrer
sustained, the information held to be
insufficient and quashed and the re-
spondent Is discharged.
The Rutland county case of Silas T.
Grifith's executors vs.. Nettie Lincoln
ejectment, was discontinued without
| costs.
In Thomas Mann VS. Bridget Hall,
and trustee, an appeal from Burling.
ton city court heard this week, the
judgment of the city court is affirmed
| chief Judge Rowell ordered the en-.
| try mot TO be brought forward" TO b,
made In the Chittenden county disbar.
ment proceedings against l.. G. Gross
| man.
| The court ordered that the briefs ir
| the Washington county bigamv cas-,
of state VS.. Fred Ackerly be filed no
later than May %. The case of Wecc
VS., Hunt, from Lamoille county, wa,
to-day submitted on briefs This is +
bill in chancery to restrain the plain,
tiff from collecting Judgment II
Connecticut
After calling the docket, by ordeI
OF Chief Judge Rowoll Sheriff Trac,
declared the term adjourned withou
day.