Putnam patriot., 1909-09-17
Superior Court.


 ] Thursday and Friday.
 Thursday morning arguments were ] heard in the ease of the State Ns. John Delvin, for the theft of horse. He
 was fouud guilty and sentenced to jail ] for one year.
 The next case was that of the State vs. John Campbell. charged with ir- toxication, being an idle person, with out visible means of support, sleeping on the open and camping on. private property.
 States Attorney Searls, elected to try the Campbell case as test. Many cases. charging camping and sleeping In the open air come from the lower courts in this end of the county, and the trying of one of the cases afforded an opportunity to hear Judge Bennett charge the jury on what constitutes the meaning of an idle person and how a person commits an oftense against the law of the State by camping and sleep ing In the open air.
 In his charge to the jury Judge Ben- nett said that they were not to consider a person out of work as an idle person in the meaning of the statute covering
 the case, unless the person was wilful- l ly idle and without visible means of support. A man might be out of em-
 pioyment because of unfortunate cir cumstances, but he must be wilfully l idle, to commit an ofiense in the mean ing of the law.
 Relative to sleeping in the open air, Judge Bennett said that 1t must he shown by the State that n person was accustomed to sleeping out of doors to be considered as violating the law. The
 law certainly does not mean that q per son sanot sleep out doors orin barn. The State must show, to prove him guilty, that he is accustomed 10 do so. Defining camping, Judge Bennett described if as meaning a temporary place of dwelling. He did not eonsid- CT the mere fact Of sleeping on the ground as camping; there must be something further. It must he shown that person was wrongfuily there.
 Sleeping in the open air ts more in the
 nature of trespasslng.
 The charge, including the opinion of l the court, that the finding should be for intoxication--the first count, as the .stotas. ,,,f.,r.,,.ts.,, ,ttA ,nt xUarranl .
 conviction on the other counts.
 The jurysretarned verdict of guilty
 in the first count, after being out about fifteen minutes. Campbell was sen
 fenced to thirty days in jail. The ind ing permitted quick disposition oi three other similar cnses--those Of John
 Maloney, Margaret Maloney and Tho l mas McGlosky--each receiving a sen
 tenee of thirty days in Jail, after plead- ing guilty 10 intoxication. All the eases came from kiillngiy.
 Alter assignment of eases, Friday morning, the ease of State vs. Theodore
 Langlois, charged with assault on Jas.
 McGann, of this city, wns taken up.
 During the trial Il developed that 1t
 was case of mistaken identity, Theo- dore being mistaken for his brother. The case was nolled by the States At toruey.
 Robert Saunders was sentenced to
 pay fine of sl0 and 80 days in jail for
 assault.
 George McNabb, charged with burn- ing barn on his farm, in the town ef
 sterling, on Aug 2S, and who changed his plea of not guilty, made at the opening of court on Tuesday last week,
 10 guilty. has been sentenced to serve
 not less than one and not more than
 years in the Stale prison.
 At the session of the court Tuesday,
 the proceedings were marked by the issuing of bench warrant for John A i Lamb, an overseef In the employ of the Grosvenordale Company, charged 1 with contempt of court. His case Is l set down for trial next Tuesday morn- ing.
 | A number of witnesses in the em- ploy of the GrosvenordaIe company had been subp1naed to appear to testi- ! fy in breach of the peace case, were prevented by MT. Lamb from going to court. MT. Lamb was notified that he 1 was wanted in court, and came in an automobile without awaiting the for maiity of having the warrant served. ! The case Is, relatively, an unimpor- iant one. growing out of an assault by Bido Gellio on Demetn George in the town Of Thompson. GcIlio Is Turk George . Greek, and they quafreled In regard1to their racial differences. Gellio pleaded guilty and was fined sloO and | ss5 costs.
 Another case disposed of was that of Nszarre Pepin, Of Danieison, charged with assault with intent to murder. He pleaded guilty to simple assault without trial, and ws fined s25 and costs.
 Adelaide Vanesse, charged with sta tutory burglary, and Thomas German charged with breaking and entering, I had their cases noiied. They are both minors residing in the town of Plain l field.
 The cases Of Oliver Laparle, charged with . sale Of liquor to biack-iisted person: and AdeIsde Dupfe, charged with receiving stolen goods-both on the criminal list for this term of court, -.tt 1~.t. =. <<vos unf1I affnr the fdvfi