Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1907-01-24
Windsor County Court.

The jurors were dismissed for the term
saturday, aud the court business Is nov la
course Of transaction. Final adjourn
meht will no doubt be taken the end of
this week, or the early part OF next.
The Eastman Broughton case, IN which
the plaintiff sought damages for sundry
broken windows, etc., Was draw" The
Jury Was out with the case two days and
night and made a faithful effort 10 end he
controversy, but without avail.
This was the last civil case. and the trial
OF criminal causes came on agaiO,
state VI, Ethan Allen. This respondent
with an illustrioas name was, upan intor-
nation, charged with uttering or present.
Ing certain forged check 10 Mrs, Merrill,
vile OF A, II, Merrill, a stoFekeeper of
Norwich, In October last. Respondent
came 10 the store TO buy ring valued at
900, and IN paymeAt presented a check IN
The Weldon National bank, 81, Adams,
puIportlng to be signed by George III,
Fuller, Tor whom Il appeared the respond
ent had been working. The check was
received and respondent was given the
ring and $3.50 in cash. In course OF a few
hours he returned, rendered back the
money and ring and asked for the check,
saying he had learned Mr.. Fuller had no
funds there. The defence was an alibi,
two witnesses swearing that on the day
liked as the date OF the transaction the re-
| spondent was at another place all day.
The trial was postponed for three days
after the evidence was all In by the sick
ness of Juror Mayo OF Ludlow. Friday
evening the respondent requested that the
trial proceed with eleven jurors, waving
In open court, and in person, his right to
trial by constitutional jury OF twelve.
Saturday morning verdict OF guilty was
returned. Respondent was sentenced TO
not less than two nor more than two and
q half years at the house of correction and
| To be fined $50, the law providing for fine
and Imprisonment. States Attorney Buck
and j. z. Enright for the state; Bert +.
Cole for respondent.
State VS.. Hugh Duling. This case was
entitled "breach of he peace" but the
evidence OF the state showed a much more
serious affair. George X. Donahue lives in
the east part Of the town OF West Windsor,
near the Windsor line. He lives on farm
and alone, in small story and-a- half
house, the basement OF which he sbides in.
On the evening OF Saturday, Dec. ist,about
O'Clock, he heard his dog emitting GER
tain howls that the animal only gave vent
10 when certain young men came that
way. These young men had on previous
occasion beaten the animal. OOnahue
knew IT was one or more OF the NDuling
boys so he closed aud fastened the front
someone pounded at the door, and banged
at il to burst II open, succeeding in break
ing Ii down and rushed in and upon Dom
ahue. He recognized the foremost of his
assailants as "Hughey" Duling, the re-
spondent, but did not identity the other
assailant, hence only one was prosecuted.
The two marauders beat the old man a bout
his head and body, asking all the while
where his money was. He Was beaten to
insensibility by the brutes, and lay un-
conscious until early morning, when he
got up and went to neighbours, where he
was attended. Later in the day respond
ent was arrested. Respondent pleaded
not guilty, and the evidence introduced
by him and in his behalf tended to show
that Donahue had been drinking that day
and was intoxicated in the afternoon
about or $50, when he called at the
| Dulings' residence; that he departed at
D or $3.50, not having drank in the interim
| yet he was drunk all the time, falling
: down continually; that Mrs. Duling told
Hughey to take Donahue home, which he
did that on the way home he fell twic9
once on a stump and once on rock
| These falls were relied upon to account FOL
) the bruised and battered condition o
Donahue. The jury was out less than tel
minutes and cime in with a verdict o
guilty. Davis y Davis and Bert +. Col,
for respondent; Buck Estates attorney
e ! and j. Z. Enright for the state.
Other state cases were disposed OF by thu
entry OF nolle prosequi, as follows:-
State VS.. Joseph Bsldassaro; larceny.
State VS.. Alzina Stone; cruelty to
child.
State VS.. Jennie n Spaulding, larceny.
t State VS.. George Holden intoxication.
t State VS.. Sam Maths; arson. This is
. Bethel case, in which w. n Batchelder i
s OF counsel, and VIM. E. Jackson is bail.
/. State VS.. George ". Sears; intoxication
[ l. the divorce case OF Emma Macy VS.
;, Edward Macy, bill was granted on thu
ground of intolerable severity and non
support. Enright & Buck for petitioner