Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1909-10-07
Opinion Rendered by Judge Wat
son of Interest Through
out the State.
AFFECTS MAN. AT ASYLUhS
I.yd;, 4. Allan of johnson TX Rcic ascd
by this Decision from Confinement
M Nnterbury---It WINS Test
CdSc--sinny Opinions
Read.

Montpelier. Oct 5--The October !
term Of supreme court convened this /
morning with a full bench ana large :
representation Of the bar of the State /,
present. PRAYER was offered by the |
Rev II A. Flint, rector Of Christ /
Church ana proclamation opening |
court was made by Deputy Sheriff !
John a. futile
In calling the trial docket entries |
were made in the following cases: /
Harry r. Thomas US. w. G. Reynolds +
from Chittenden county. settled aud
discontinued; Charles A. Rushcy VS. I
tho burlington Traction company, !
from Chittendcn county. death of |
pleintiff suggested and r, 6, pease Of !
Burlln Ston entered as administrators I
Charles Whitman vs the Windsor /,
Machine company. from Windsor /
county. settled aud discontinued; Will /,
liam NJ DunsRre We. Sarah \. War I
ncr. from Caledonia county, e"ttln, .
Edward Dickinson vs. Calvin l.. and I.
Edna stevens, from Fsscx county. do !
cree OF county court affirmed "a pei !
stipulations on flc; In re will Of Hal !
dab y. DIN. Miriam McKinstry pro- /
ponent, from Addison county. judg !
mont Of the county court affirmed |
without costs and case certified back !
to probate court for the district of
New Haven; State US. Antonio VAL /
ente, murder from Rutland county, I
Judgment that there was no error IN
the proceedings I'm the lower court
and that tho respondent takes moth
ing by his exceptions; state W. Fran
cesco Crocata. conspiracy, q com
panion case to tho above RUTLAND
county case, Judgment that thc:e was
no error in the proceedings in til"
lower court and that the respondent
takes nothing by his exceptions. Both
these respondents are now serving
sentences.
In the Chitenden county case of David
Ansin. and Klinkovstein & Co. KS. J. NJ.
Agel & Co. there was a motion for
lhrmance of the Judgment of the county
.ourt. but the case was held open be-
,ause of the illness OF V. A. F3ulard
counsel for plantlffs The lower court
found for the defendants
The following Chittenden county cases
were set for hearing the third week ~
the term: James T. Swing trustee. vs.
Shepard G. Morse Lumber company;
Charles s. Anterior vs village Of Essen
Junction: Sylvester A. Ploof vs. Henry
". Putnam; Jones n Isham VS.. Lillian
Van Aiken and others.
The Addison county cases set for hear
ing the first week Of The term are a.
?. N"edham vs. Boston & Maine Rail-
-oad company; O. Z. Huntley vs. Ruf-
ard R0ilroad company. Louis Morris vs.
Andrew Treado; Noah Tathrop vs. Frank
g. Leram.
JUDGE WATSON'S OPINION
The opinion handed down by jude
Watson in the insane pauper case Of
Lydia \. Allen of johnson, brought rs q
test case is Of interest in every Countr
In the state and effects hundreds now
confined in the State hospital for the
Insane at Waterbury ana at the Brattle-
boro retreat In 1906 after an examine
,icn by two reputable physicians Mr.
Allen committed 10 the State hos
pita! by the probate court ms an Insane
pauper. Later her Friends brought
habeas corpus proceedings a. test the
legality OF her commitment and the
opinion rendered today by JUDGE WIT
ION disroses of the case. II was claimed
NAT Mrs. Allen was illegally confined a
IN insane state racper The op'rior
~ Judge Watson sretars this claim
tnocks the props from the law under
which she was committed. declares II
without force ava discharges her from
Iuch commitment The court however
N It's discretion rcmaud7 the woman to
ne care u Or y y Cirort. super
mieadeut Of the hospital. Cor 80 days that
her mental condition may he determined
Y no such examination g made within 80
days tho woman IS to be set free She
was in court This morning. The Lecisla-
turo NJ 1908 passed n law which provides
'or a reasonable notice to n person TO
-t,-- ,
to produce evidence in their own defence
CHIEF Judge Rowell read an opinion in
the Orleans county case of State VS.. y.
". flldroth % Newport editor Of the
Fxpro@s and standard. defamation OF
court. |n7 case was disposed Of last
term, whom the respondent was ad5udged
guilty. and fired 500. which he paid but
urtil to-day no opinion had been handed
down In th.s case.
Other opinions rendered to-day are: A.
II Piorson vs.. Tranl; y. Hunting, from
Warrington county. Judgment of the
county court for the defendant affirmed
Opinion by Judge Munson.
American Machinery and Export COM
many VS. Druae Brothers, from Orang"
county. where a verdict for tho defend
ants was ordered, Judgment of tho
county court affirmed Opinion by Judge
Iaseltcn.
IN the Orleans county case OF Clara 8.
Robinson vs. F. v. Norcross. in which
there was Judgment for tho plaintiff.
the exceptions were waived and the iudG-
mont Of the county court was affirmed
without costs IN this court
In the Chittcnden county case OF Al
fred W. Rolka ana wife vs. NJ. r. Allen.
IN action brought for alleged deceit in
he sale of farm, IN which IN the low
T court there was verdict for the
defendant 10 recover his costs, the OPP
Mon handed down to-day by Judge
overs revcrses and remands the case.
Alfred Vallancourt vs.. the Grand
trunk Railway company, from Essex
ounty The plaintiff while in the en-
hoy Of the defendant railroad company
had both feet cut Off. The case was
twice tried in the lower court. At the
second trial there was verdict TOr the
plaintiff to recover $500 damages and
Judgment on the verdict. The opinion
handed down by Judge Watson affrms
the Judgment Of the lower court.
+. Y. Hassane Us. j. T.. Stafford and
others from Orleans county There was
verdict for the plaintiff in the lower
court to recover $3.50? in lumber deal.
Judge Powers read an opiNon affirming