Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1909-11-04
ENJOYED GOOD SMOKE LATER
Murderer Maintained Hts innocr nee
but NauifeStci No FccIin2-Man.
Lawyers Attend Opening Of
Supreme COrrt-.Sixfecn
Gases Set for Trial.

In this case which was argued at 'h'
October term.
The case came 20 supreme court ~,
exceptions of the respondent to tn,
admission OF certain exhibits. but IN.
opinion By Judge Munson held that ther.
was no error in the proceedings of the
trial court and that the respondent take:
nothing by his exceptions.
Y. n. O'f,ren OF Rutland. who was
counsel for Kent when his case was tried
could not he here TO-DAY and the cour,
appointed j. Is. Batchelder to reprcsen,
Kent. After the opinion was handed
down. ". w Stickney, representing At.
torn ey- General Sargent who could not be
hore. moved for sentence. Kent was
asked II he had anything 10 say why thu
sentence Of tho law should not be pro.
nounced upon him. He replied: Why no
only I am not guilty" Nudge Munson
then sentenced him to be confined at hard
labor in the state prison at Windso,
until October 49, 1910, and after that 70 he
confined in the state prison In solitary con.
finemcrt until January 49, 1911. when be.
tween the hours of one and three O'Clock
in the afternoon within the wallis Of tn.
state prison. to he hanged by the neck
until he is dead
Kent received his sentence without any
outward manifestations of feeling He
was taken back TO the Jail by Sheriff
Tracy and Deputy lawson and enjoyed
smoke on the way down. He will be
taken to Windsor es soon as the necessary
papers can Ne made ont.
CALLING or CALENDAR
Supreme court convened at ten
o'clock this morning. with a good
representation Of the bar Of the
state present. Prayer was offered by
he Rev. =. bloomfield and proc!sma-
ton opening court was made by Dep
ltN Sheriff John l.. futile.
At the chilling of the trial calendar
ID 81 the "A cases set for trial this
term were marked for hearing al
though probably some Of those
50 marked VIII he continued.
All of the cases from Caledonia and
Essex counties set for hearing in
which Howe " ITovey of st. Johnsburv
are counsel were continued until the
January term because of the fire last
week at st. Johnsbury which wiped
uut the office ~ those attorneys
The Chittenden county case of Da-
vid Ansin. kliukovstein & Co. ~. j.
o. AFel & CO., aSsun.psit. WAS set for
hesring, and in the Chittenden coun-
tY case of Charles A. Eushey VS.. the
Burlington Traction company. notice
was given lhat terms of settlement
have been agreed upon and that final
d sposition Of the case Will be ma de
sometinle this term. Only one Addi-
son county case was set for hearing,
that OF Eliza F.. Abbott VS.. John u.
saunders and cross bill.
The Windham county case OF Nancy
+. Estabrook's estate VS.. W. a. Ahum-
from probate OF VIII which was to bs
heard this term, was by agreement
continued to the special term TO be
held at Brattleboro. In the orleans
county case in re. viii! Of Willard ~
ltirne. Henry G. Davidson, contest
AM. an appeal from probate court
tie entry was made OF Judgment ee-
tuhlishing the will without costs snd
hat the case be certified hack to pro-
bate court.
G. T. HOWARD INDICATED.
Judge MunEon read long opinion in
the case OF State vs.. George T. Howard,
from Orleans county, which was al echo
OF tho legislative investigating committee
of 1905 which found that Mr.. Howard
while State railroad commissioner had
charged me State q certain sum for which
he had rem dered no service. G. c. Fits
Of Brattleboro. then attorney-gencral.
brought suit against Howard IN Orlea ne
county IN 1907, the case was tried at the
September term that year ard a verdict
was rendered for the plaintiff to recover
$50 " without interest. At this trial the
State claimed that Mr.. Howard had
charged per diem FOR days when he had
not been IN the service of the State and
had charged for the use of his team
taking him to and from his home In
Craftsbury to the railway station when
the state should not have paid this bill
The opinion by Judge Munson sustains
the auditor in allowing these bills, but
DIS that the State should not have paid
Howard for the board Of his wife at GER
tain times when she was travelling with
him when he was on duty as railroad
commissioner that he should not have
been paid for the day he charged when
he was In Montpelier on the day the
State republican convention was held, and
that he should not have been paid for
a hotel bin over SUNDAY at Springfield
Mass, when he was on his way 10 Boston
ON state business. The opinion by Judge
Munson rcVerses the Judgment Of the
lower court which was for the verdict
found. and rema nds the case for a new trial
This opinion by Judge Munson il, IN the
main, a vindlcation OF Howard. II holds
that a State Official can properly charge
for the time occupied in going To and re-
turning from meetings or business that
require his attention. and that II the
public conveyance IL not suit sble he may
include in hts expense account a charge
for The use of his own team. ~ $40
holds that a State oficla is not obng~d
to travel SUNDAY to get TO his home at n
reasonable hour but that he can remain
away at the expense OF the State
Frank y. Barrel vs. Frank L. Dicke~-
son, apt. from Windsor county. horse
case. in which in the lower court the
plaintiff was awarded damages os s36 "a.
An opinion by Judge Powers reverses and
remards this case
State vs. s. y. Gibbs and " f. Lynch,
complaint Of writ Of quo warranto. from
Franklin county, in which an attempt
was made to prevent the respondents
from selling intoxica ting liquor at Blng-
hamVUle in the town of Fletcher. which
voted yes last March. Judge Watson read
an opinion in this case In which the COM