The Barre daily times. (Barre, Vt.) 1897-1959, 1910-10-08
Couldn't Agree on Plainfield
Breach OF Peace Case
CASE MAY NOT BE RENEWED
Court Took Up Case Against Leon Co.
burn, Charged with Obtaining
Money Under False
Pretenses.

! After one Of the most stubbcrniy con
tested trials ever held in Washington
county court, the Jury, following IS
hours deliberation, reported last night
that it could not agree on the caae Of
Rev. i. T. Fortney OF Plainfeld, who
was charged with breach Of the peace
on John Fowler in Plainfeld several
weeks ago. This was the second time
in the trial that the jury had reported
4 q disagreement, having come in early
yesterday forenoon and so reported
Therefore, last night Judge A. A. Hall
discharged them 1t is not certain
whether the case viii come to trial
again.
1 Judge Hall, in the case Of State VS..
John Martin, has declared the bail for
feited after it had been reduced from
4 $500 to S275. Martin was charged with
i larceny Of goods from freight car on
4 the Central Vermont railroad in Mont
pelier and after being arraigned in Mont
pelier city court he was bound over to
county court, cash bail Of $500 being put
lup by James Kelliher. Since that time
Martin has disappeared, and hence the
forfeiture of the bail by the court
4 The trial of State vs. Leon, or Picket"
4 Coburu, was held Yesterday. and was
not completed Coburn was charged
with obtaining money under false pre-
/ lenses in slick horse deal, in which
I he traded horse not his own and got
/ $40 to boot. II. 0. Carr Of Berlin was
/ the owner of the horse which Coburn
/ played free and loose with Ellis Henry
and Charles Martin OF South Barre were
the traders on the other side All three
of them testified yesterday afternoon,
as did officer Patrick connolly, who ar 4
rested Cobum for intoxieation shortly
after the transaction, and Burt Stewart,
who said he saw Mr.. Henry pay the $40
boot money to Coburn.
In the course Of eross-questioning IL
was brought ont that the horse which
Cohulm tried to swap was worth about
$500, while the one he was TO receive
was worth about S25
Mr.. Stewart was the chief witness for
the prosecution. He told about hearing
Coburn tell the two men the horse was
/ his, saw Henry pay the boot money to
Coburn and later told Carr, the owner
of the valuable horse. what had taken
place The witness said CobuTn was not
drunk at the time Mr. Henry had tes-
titled that he did not think Coburn was
drunk, while the other trader Mr., Mar
tin, was inclined to think Coburn was
under the influence of liquor
When it came to the defense. the ques-
tion of the respondents mental cond-
tion as caused by liquor was dwelt upon
at some length Attorney NJ M Gordon
called Fred Raymond to testify, and
the witness said that Cpbmn was 50
intoxicated the night of the alleged
horse deal that he had to be helped into
the house. Furthermore, to questions,
the witness said he considered Coburn
insane when under the influence of liq
nor.
Three sisters of the respondent were
called. and they all testified they con-
sidered Leon insane when intoxicated.
Mrs Gertrude Simmons declared her
brother was insane from drink that
night At this point in the testimony,
Judge Hall reminded the attorneys for
the defense that if the jury decided
the respondent is insane he would be
committed to the asylum. Continuing
Mrs Simmons testified that Leon was
often intoxicated as many as iivs times
ia week She told about lis queer
actions during those times.
Mrs. Abbie Sullivan, another sister, at
whose house Coburn boarded, told about
his penehant for liquor and that lie had
threatened to take his own life and had
tried to take laudanum. She also testi-
fled that shortly before his arrest she
had applied to the probate court 20 have
Leon committed to the insane asylum,
After Mrs Glynn another sister, had
testified along similar lines as 20 the
mental condition Of Leon when nnder
the influence of liquor, the eourt took
q recess until to day.
The evidence was all completed and
the arguments were made to-day, States
Attorney Gates. assisted by Frcl Z.
Gleason lof Montpelier, representing the
prosecution followed By NJ. NJ Gordon
ana Truman r. Gordon for the defead-
ant. When court adiourns tnis after
noon it will be to next Tuesday, az
Judge Hall has private matters to at
tend to and cannot sit in court on
Monday afternoon as usual.
general assumpsit ease has been
entered OF Peter Brusa vs.. Charles
Brusa, also two chancery cases, the Dog
River Valley Fair association vs. f. w.
Gould and wife and Elizabeth L. Liv-
Ingston vs. John Livingston.