The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1908-07-10

After 81 minutes Of deliberation yes.
torday jury of six BrattleborO men de
cided that Peter Alexander was guilty
of violating the law which prohibits
everything but works Of necessity and
charity on the Sabbath. Judge 4. w.
Gibson imposed a fine Of a. and costs
amounting to $3.50, which was paid.
The ease has aroused considerable dis.
cussion since June 2s, when Alexander
was arrested. Almost everyone had ex.
pressed his opinion for or against the
Sunday closing, or in regard 10 the
wisdom of the law as il stands on the
statute books. What effect the de.
cision will have on the future activity
of Brattleboro ON Sunday is "A matter
of conjecture but IL is certain that steps
will be taken TO restrain others from
transacting business on the Sabbath.
The ease was set for Wednesday nj
2.30 but the difficulty in drawing jury
deferred the trial until yesterday
morning. Deputy Sheriff A. W. vii.
kins offered 81 names and of this num-
ber all but six were either excused or
objected TO. Ii was $50 Wednesday |
evening before the last man took his
seat in the jury box. The first wit
ness called was Policeman Fred X. Il. |
Dompier who testified that he was ON
duty June 2S and that he saw the store
of l.. Alexander & Company open for
business on that day. In answer TO
questions by States Attorney Bacon
the officer said that he notified Mr.
Bacon of the fact and that he after.
ward warned Mr.. Alexander and Philip
Thomas that they must close the store.
As no heed was given to his warning
he officer sought again the advice of
he state attorney and together Mr..
Dompier and Mr.. Bacon entered the
'tore and explained the law and warned
he proprietors against further VIC.
alton of the statutes. Mr.. Dompier
hen testified that Leon Akeley bought I
ome ice cream soda and that another
nan purchased some cigarettes, and ;
hat Alexander took money in payment. !
hen the officer placed Alexander under ]
rrest. Mr.. Dompier also said that a I
arge crowd collected around the store. I
'anford A. Daniels was called and said
hat he saw Alexander selling soda d
rater and that he saw money given IN
ayment. AT this point the state and .
efense rested. b
In his opening argument State IS At b
orney X. c. Bacon said that the case o
'as not one in which the wisdom of the v
lw was concerned nor one in which V
rivate opinion or prejudice had part, o
ut that it was a matter of law. AS a
ing as the Sunday closing law was on n
le statute books just so long was it {,
le duty of the officers of the law to N
lforce it. Each juror, Mr.. Bacon said, Ct
ust deliver verdict according TO the h
ridence in relation to the law, un Il
ased by any previously formed opin' cl
n. The evidence, Mr.. Bacon thought,
as clear and showed that business was
ansacted and it was not necessity
,r of charitable nature. bI
III. G. Barber, counsel for the re- da
,ondent, argued along the lines of th
ise and just Interpretation of the law. A
G maintained that the sale of Ice so w
cam, soda water and cigars was not r.
violation of the laws of the state, nor M
the laws of morality. He placed w
. cream in the category of foods and a
da water and tobacco in the list OF mi
freshments. He claimed that strict nc
forcement of the law was not the IN ~;
ntion of the legislators who made 1T, of
d cited case where the law had been all
terpreted by the supreme courts in th
eral manner. cal
In closing Mr.. Bacon cited several pr
ses, particularly those which had been Jet
ssed upon by the supreme courts of tne tn
where the judges gave moi
sir opinions on enforcement of law w
ictly and not for the convenience EN-
an individual. Mr.. Bacon took up sol
matter of soda water and ice cream up
d argued that these were conven- lne
ces and not necessities and sup hu hhu
ted his contention by reference to bTc
Indicated cases. "While the law re- ha,
ins on the statute book it must be pea
'orced and if the law is not agree. a !
e then see that it is repealed at the WI
It session of legislature" said Mr.. dot q
con on closing. and
'he jury took the case at 11.53 and aga
urned verdict at 1925. Those who Mil
ed as jurors were W. B. Eddy, W. H. resi-
ser. A. F.. Merrill Charles A. Ames, stat
D. Kendall and John G. Dewitt. KEEP
Ir. Alexander says he shall enter
lplaint against all drug stores, news
res, livery stables, photograph stu
) and hotels that transgress the law M
t Sunday. Mas
Osg