The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1909-10-14
KENT CASE POSTPONED


Supreme Court Refuses to Put Case
Over Until November Term of Court,
But Agrees to Postpone Matter for
Few Days-Attorneys Not Yet
Ready.
Quite a crowd of people assembled,
at the room in the State building. oc-
cupied by the Supreme court, yester-
day morning, most of whom were at
tracted by an apparent morbid curios-
ity to catch a glimpse of Elroy Kent,
the convicted murderer of Miss Della
B. Congdon of East Wallingford,
whose death occurred in the summer
of 1908. Elroy was in court, but not
for long and as soon as he was lead
away the courtroom was deserted by
all except those whose business de-
tanned them.
When court convened, Attorney
General j. G.. Sargent asked the court
for postponement of Kent's case, for
the present at least, saying that Kent's
attorney, Ernest H. O'Brien, of Rut-
land, was busily engaged with his
clients in Rutland County court. which
is now in session. The request was
granted, but the court intimated that
the case might be called at the pres
ent sitting although it is probable that
it will not be heard until the adjourn
ed session which meets in Rutland in
November. The prisoner was given into
the custody of Sheriff E. G. Fish of
Rutland county. The latter held
conferecne with the Attorney General,
at which it was decided to put Kent
in the County Jail in this city, owing
to the expense involved in removing
him back and forth.
Kent sat beside Deputy Sheriff A..
A. Leonard, of Wallingford, the two
being connected by the Gordian knot
that binds in the form of two brace
let's" one on the prisoners wrist and
the other on the officers, held to-
gether by a steel chain of no small
size. Evidently the officer was TAX
ing no chances on the elusive Elroy.
Kent did not seem to take very much
interest in what was going on about
him, turning to neither the right nor
the left and aside from attempting to
stifle a yawn occasionally, as if the
proceedings bored him, he never
moved a muscle. He seemed to feel
relieved when the officer took him
away. But there was "some class" to
Elroy yesterday. He was dressed In
black suit, a stiff-bosomed shirt and
white collar of considerable alti-
tude, on the edge of which his ears
found resting place. He wore a
necktie that would make Broadway sit
up and take notice.
After the court had disposed of the
Kent mater for the time being, it de.
voted it's attention to listening to ar
guments on the case of l.. W. Brown
against George E. Alderman, a sa'
| lOOu-heepeT W OOulu NeihOi' DiONi L
lives in Vernon, Brown, through his
attorneys, Chase and Daley of Brat
tleboro, presented petition praying
for a writ in quo warranto command
ing the defendant to show by wha
right or authority he is exercising {
license for the sale Of intoxicating
liquors at the South Vernon house II
the town of Vernon. The undisputet
evidence in this case is, that the town
of Vernon is situated in the south
east corner of the State and is bound
ed on the east by New Hampshire an
on the south by Massachusetts,; tina
the town voted license for the yea
1909 and that Vernon does not con
tain an incorporated village; that tn
South Vernon house, the building i
which the defendant is engaged i
selling liquor, claiming a right to d
so by virtue O: license granted t
him by the license commissioners c
the town, is located less than 200 fee
from the Massachusetts state line an
less than a half mile from the Ne'
Hampshire state line, and that tn
defendant is now engaged in sellin
liquor there under claim of right, a.
of which has a distinct bearing on tn
case.
According to the plaintiffs attor
neys, the legislative acts of 1908 pre-
vide that the license commissioner
shall not grant license for a plao
located anywhere other than in tn
principal village or settlement and
there is no village in tn
town the licensees place shall be IL
Gated in the center of population Al
: other phase having an important beal
ing on the case of the plaintiff is ths
the same acts provide that If tow
contains no village, no license sha
, be granted at point nearer the stat
line than two miles.
t 1.-THE first question" said the plair
; tiff's lawyer, sis, what did the legi
+, lature intend the word village
: mean? We maintain that the word &
here used means an incorporated vi
). lage. Can the court conceive of
0 town that would not contain villas
: if the term village was to apply
= small collection of houses? Doe
e not the fact that the legislature pr