St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1909-07-14
COUNTY COURT.

EhlSA OhC vi lHS luOSI SlIeuuOuS ScS-
sions on record the June term of Caledo.
MIA County Court was adjourned sine
die Friday morning. At the close of the
Cordoba liquor case the jury was dis
charged for the term, there being no
other jury cases for trial. The case was
given to the jury Wednesday and after
being out for some time, they returned a
verdict of guilty of one offeuse. The
states attorney moved for sentence and
the respondent was sentenced to pay
fine of $500 and costs of prosecution with
the usual alternative sentence. Excep-
tions were taken by the respondent and
the case will probably go to the supreme
court.
In the case of State VS.. Eddie Barr,
which was tried last week and the re-
spondent convicted of keeping intoxicat-
ing liquor with intent to sell and furnish,
sentence was imposed Wednesday. The
respondent was sentenced to pay a fine
of 5000 and costs of prosecution with
the usual alternative sentence. The case
will probably go to supreme court on
exceptions. This was liquor prosecu-
tion arising from the Hardwick liquor
raid last January. The other Hardwick
liquor cases, except those of Andrea Gil
dule and Michael Allegra, which were
mol pressed, have been continued.
10 ~
business and the following divorces were
granted: Henry D. Howe VS.. Sarah E.
Howe, granted for wilful desertion, ST.
monds & Searles for petitioner; Harvey
c. Barnett VS.. Harriet M. Barnett,
granted for wilful desertion, Simonds &
Searles for petitioner; Emma G. Heath
VS.. Willard c. Heath, granted for wilful
desertion, Simonds & Searles for petit
toner; Nellie E. Jameson VS.. A. E. Jane
son, granted for gross, cruel and wanton
refusal to support, B. E. Bullard for pc
| titloner; lnez Peterson VS.. Frank Peter
son, granted for intolerable severity,
Howe & Hovey for petitioner; Mary E.
Randall VS.. George W. Randall, granted
for intolerable severity, Simonds &
Searles for petitioner; Jared w. Roberts
VS.. Minnie E. Roberts, granted for wilful
desertion, Guy W. Hill for petitioner;
Gertrude S. Blandin VS.. Ward c. Blandin,
granted for wilful desertou Simonds &
/ Searles for petitioner
Frank Wilkins of Kirby was brought
into court Thursday to answer to the
charge of breach of peace. The case
grew out of the alleged assault upon w.
H. Mitchell who was working for the re.
spondent. The complainant showed a
good-sized lump on his head and Wilkins
admitted the offense, further expressing
himself as willing to pay for the pleasure
he had derived from the incident An in
vestigation showed that during a dis
pute Mitchell had applied the short and
ugly word to Wilkins with the above re-
suit. Wilkins was fined $500 and costs.
DR.. E. Hartshorn, DR.. ]. M. Allen, E.
L. Hunt, Charles E. Simanton and
Charles Cummings were brought into
court Thursday on the charge of operat-
ing an unregistered automobile. Bail
was fixed in each case at 500 and was
furnished. The cases will probably come
up in the December term of county court
and the outcome will be watched with
Others. 1t is said that the defendants
are willing to make them test cases to
determine the constitutionality of some
parts of Act No. 90 of the Public Acts of
1908. The law as amended provides
that an automibile owner shall annually
have his machine registered and pay
license fee, the rate to be established in
proportion to the motive power of the
machine. 1t is claimed in some quarters
that the value of the machine cannot be
determined by the amount of power re-
quired to drive it and that therefore the
law will not hold, while Others are of the
opinion that, this being special tax for
special purpose, namely the improve
ment of roads which are without doubt
more or less injured by automobiles, the
law will be held legal. Should the latter
opinion prevail it is held to be good logic
to tax the autos of high power, accord
ing to their ability to tear up the roads.
Action was brought under orders from
Attorney General Sargent. Papers will
be served on two more parties, making
seven in all in this county to be prose
cuted.
Thomas Edney of Kirby was arraigned
Thursday on the charge of fishing in pro-
hibited waters. He was placed under
bonds of $50 which were furnished. He
admits fishing in Stiles Pond. The out
come of this case will probably depend
on the decision handed down in the case
OF Norman McLain who was arraigned
on the same charge early in the term.
In the latter case both sides have agreed
on a statement of facts to be submitted
to the court, Although the facts are ad-
mitted there seems to be question as to
whether the waters of the pond are pub
lie or private and upon this question
hinges the ultimate settlement of the