St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1909-12-22
County Court Nearly Done.
large Number Of Cases Disposed of
in the Past Week-AdjOurnment
before Christmas.


court during the past week and unless
an unexpected delay occurs the December
term will be adjourned before Christmas
The Jurors were discharged last Satur.
dav there having been only one case
fried by Jury this term. A brief resume
of the business done follows.
In the case of State VS.. Rood for
breach of the peace the respondent was
nlaced under 5000 bail.
The case of Thomas D. Pidgeon VS..
Elmer E. Robinson on an action of gen
eraI assumpsit was entered, judgment
for the plaintiff and damages amount
ing to $553.50.
The case OF Maude Estabrooks VS..
Elmer E. Robinson on general assumpsit
was entered. judgment for the plaintiff
and damages amounting to $S4.
The case OF Warner w. Goodenough VS..
Plvnn Mcdonald. an action of trespass
ouare clausum, was continued.
The cases of Steele, Taplin & Co. VS..
Jared Peck, apt. & Tr. and that of
Robert Hoyt VS.. James Smith are to be
heard with the Court. Motion to dis
miss the latter was overruled and ex-
ceptions allowed the defendant. Plain
ti6 moved to amend his writ. it was
granted and the cause passed to the
Supreme Court before final judgment.
Some State Cases.
Henry Mailhot. alias Miller, young
man q years of age, who was arrested
three months ago and placed in Jail on
the charge of stealing divers articles
from George S Nelson the Goth of last
May, was arraigned and pleaded guilty
to petit larceny. He was sentenced to
be confined at hard labor for not more
than three nor less than two and one
half months and to pay the costs of
prosecution.
Harold M. Taylor of Barnet. a young
man 10 years of age, pleaded guilty to
the charge of rape. Some extenuating
circumstances were spoken of by the
states attorney and recommendation
was made that the respondent be sent to
the Industrial School at Vergennes for
the remainder of his minority. This
was the sentence of the Court and it
terminates on Jan. 7, 1911, at which
time the young man attains his majority.
George Davis was then arraigned. He
is resident of St. Johnsbury and was
charged with furnishing and selling in
toxicating liquor. Davis pleaded guilty
to furnishing and was sentenced TO be
confined at hard labor for not more than
six months nor less than four and to
pay the costs of prosecutions, and to
stand committed until sentence is com
piled with.
Leland Green of Hardwick was then
arraigned and pleaded guilty to larceny.
Attorney G. W. Hill appeared for the
respondent and asked the court to in
vestigate the case through the medium
of the probation officer and this was
agreed to.
The case OF Adams VS.. McLaren was
entered, settled and discontinued.
On Thursday in the case of State VS..
Moses Costello Of Hardwick for selling
liquor, the respondent pleaded guilty to
the charge. E. Barquin of St. Johnsbury
acted as interpreter for the respondent
Spaniard Judge Stanton imposed a
sentence, namely, to be confined al hard
labor in the county jail at st. Johnsbury
for not more than tour months nor less
than three and to pay the costs OF prose
cution. In regard to the provision for
hard labor in the county Jail 1t is to De
noted that there is provision for the
removal of those under such sentence to
the House of Correction at Rutland.
The case of State VS.. Edward c. Kim
ball was called up and the respondent
arraigned. The information was Tor the
neglect to provide maintenance for a
minor child. Guy Hill had hitherto ap-
peared for the defendant but withdrew a
short time since The respondent plead
ed not guilty and upon the statement
that he had no counsel and that he was
unable to secure any at his own expense,
he was assigned Harland B. Howe and
David E. Porter to defend him in trial.
This is the first trial this term which
was completed by jury. In all former
trials by Jury, the jury has been dis
charged before they had chance to de-
termine the issues. Robert w. Simonds,
States Attorney, prosecuted this case
alone. Kimball was found guilty and
sentenced to pay fine of $50 and costs
of prosecution with an alternate SEN
tence. He has furnished bail.
The Van Dyke Case.
In a motion to recommit the referees
report in the case of George Van Dyke
VS.. The Grand Trunk Railway Co., Of
Canada the arguments lasted TOR over
two hours. Young & Young OF New
port appeared for the defendant COM
panv and Alexander Dunnett and W. b.
c. Stickney for the plaintiff. This case
was docketed in 1904 The damages
called for we're 100000. There was 6
stipulation to leave the matter to body
of referees consisting of Fred S. Platt o
Rutland, Horace F. Graham of Crafts
bury and William H. Taylor of Hard
wick.
The referees report was filed Novem
Der 80, 1909. Their findings tended tC
show that the defendant company's en-
gines or locomotives were equal to tn
requirements of present day standards
that their spark arresting devices, etc.
were sufficient. On the other hand The
referees found that the defendant com
pany was guilty of negligence in not pro
viding for an emergency such as ulS
season NAV occasion in the way OF pa
trolling their tracks with larger mum
Der of men and in taking immediate
steps to put out the fires which may
have been started by sparks from thell
engines. The attorneys tor the oeienu
ant company alleged that the hres were
attended to Immediately upon discovery
and that verything in human powe'
was done to suppress them. And they
asked to have the referees report recon
mitted for such findings because IN tn
matter of alleged negligence it atfecte(
the defendants liability very materially