Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-10-11
INDICTMENT INSUFFICIENT.
Point Made by DIR. Sandcrson's Coun-
sci Upheld by Court.

The case of the State VS. G. l.. Sander
son of Milton. who was indicted by the
grand jury at the present term of court
for furnishing a prescription with which
TO procure intoxicating liquor when Their
was not a necessity for It, came TO a sud
den end Thursday morning, shortly after
the jury had been empaneled. There was
a flaw in the indictment and the case was
mol pressed.
When the Indictment was read It was
found to charge DIR. Sanderson with fur
nishlng a prescription to one Edward
Chiott with which to obtain pint Of
whiskey. Martin 9. Villas was called by
the State as the first witness and when
he States attorney asked him If he knew
Dr. Sanderson. the latter's attorneys. r..
f. Brown and V. A. Bullard. objected 10
such evidence on the grounds that there
was nothing in the indictment to alleEe
that DR.. Sandcrson WAS a legally qualified
physician and that the Indictment also
failed TO allege that the form Of prescrip-
tion stated in the law had been used.
The court excluded the evidence and
ruled that the indictment was insufficient
for the Introduction of evidence on the
points named. The States attorney said
such ruling would exclude the evidence
OF his other witnesses and he asked to
have the case mol pressed, DR.. Sanderson's
counsel objected but Judge Rowell ordered
that nolle prosequi be entered. The
respondents counsel took exception 10 the
ruling.
In the Sanderson case. new method
for empanelling the jury was adopted.
For some time there has been a feeling
amoesX the bar that when a Juror is ex-
cused, he was inclined to feel hurt and
that the attorney or party exousing him
sometimes did SO because he had an i'll
feeling against the juror. 1t was sug-
gested at the bar meeting Tuesday night
that method should be adopted whereby
the Jurors would not know the party ex-
cusitSg them. 80 after consultation with
the court. County Clerk Russell adopted
new mode of procedure. The Jury panel
OF u men is filled as formerly. When
the peremptory challenges are made, the
jurors names are taken from the list
without anyone knowing who is excused
except the counsel and the clerk: another
juror Is called and so on until the jury
is complete. The jurors all remain sit
ting In the box until the jury is complete.
Then the names OF those who have been
excused are called by the clerk and they
are permitted to retire. The completed
panel is then called to avoid any errors.
Eugene ]. Benedict. who was charged
with furnishing intoxicating liquor
liquor, withdrew the plea he made in
city court and pleaded guilty. He was
fined $500 and costs of s455 with an
alternative sentence OF 900 days in the
House OF Correction at Rutland. Bene-
diets crime was evidently not COM
mitted with vicious intent, he having
disposed of the contents OF a key of beer
to number of friends.
Upon the recommends ton Of his coun
sci. r. r. Brown and the States attor-
ney. the court ordered that the execution
be stayed and that Benedict be placed in
the hands OF Probation Officer Thomas
Reeves on condition that he pay the
costs at once, and that he does not de-
part from the State or violate any
criminal law. He must also report to the
probation officer as often as the la W
directs and whenever the officer requires
until the further order OF the court.
Benedict paid his costs.
The jury in the case OF State VS. Morris
Brown. charged with larceny, having
beer out "a hours. reported disagree
| ment for the third time at 4:2O O'Clock
Thursday afternoon. The jury was ex-
| cused.
The attention OF Chittenden county
| court was taken up Friday with the
civil case of Marian MESSENGER VS.. ]. W
and Edna Kew. The plaintiff. who
| came to this section a stranger, claims
| that the defendants sold to her farm
in Jericho. purporting to contain 2s
hat LIT
possession OF the property she found
| that nearly four acres. represented ia
| her as going with the purchase, belong
ed to another farm, while there was
| also a railroad strip of three quarters
| of an acre extending 40 rods to which
| her claim was not valid.