Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1910-07-29
JAIL A REST CURE
Judge Hall Says DooIittIe's
Health Has Improved
Must Remain at Newfane Until April T.
Would be Insult TO Court and Travesty
on Justice 70 Release Him Now.

Newfane Jail has qualified in the hos
initial or the rest-cure sanatorium class
According to an order Issued by Judge
Alfred A. Hall Guy A. Doolittle's health
has improved decidedly since he was con-
fined there, and there is a good chance
for him to make further improvement
before he is released April /, 1911. Judge
Halls order opens with some sound
preventive medicine precepts, continues
with strong ethical principles and closes
with a legal opinion which rounds out
the whole into one of the most forceful
documents on file in the county clerks
office Doolittle will continue to board
at the Jail at the expense of the town
Of Brattleboro. In view of Judge Halls
decision as to Doolittle's health a bill
for treatment" might be included also.
Doolittle has been confined In the coun-
" jail since Nov. Q, 1909, and he present
ed a petition recently for a hearing to
determine when he should be given the
privileges of the jail yard, which
would mean release from the in
stitution. He was confined on a close
Jail certificate resulting from a judg
ment secured against him in a civil suit
brought by Mrs Charles w. Berry on
the ground that he had taken money
from her It has been claimed by his
attorneys that the confinement in the
Jail is endangering his health and that
he should be given the liberty of the Jail
yard.
Judge Halls order states that although
Doolittle obviously is not a sound man,
the physicians differ as to the nature of
his trouble and in some respects they
contradict each other squarely. From
Doolittles appearances before the court
at three different times several months
apart Judge Hall states that it is evil
dent that his health is improved and that
Il is probable that with proper diet, tenn
nerance in the use Of tobacco and taking
such exercise as he can in the jail he
will continue to improve. Judge Hall is
unable to say that the imprisonment is
dangerous to his health.
In regard to the moral aspects of the
case Judge Hall states that the jury
found that Doolittle took the money
without right and against the plaintiffs
will and the court found that the cause
Of action rose from wilful and malicious
action on the part of the petitioner. Doc
little. Both findings are warranted fully
nv the facts. in Judge Halls opinion.
Continuing Judge Hall wrote; while
the petitioner was not prosecuted Grimm
sltv the evidence points in a marked de-
gree TO criminal act. He has made no
effort to restore the money and by his
conduct and acts he has shown that he
does not intend to do so. His prior
record is not good Before me he admits
MS prOHledCN anu lii'Vl 49, -
present condition is due to his licen-
tiousness In view of the facts it would
De an insult to both the court and the
Jury and travesty on justice to re-
lease him at this time"
In the formal order Judge Hall, having
fully considered the aggravation of Doc
Titles case and the extent of his con-
-inement orders that on April !, 1911,
the certificate upon the execution on
which the prisoner is held be vacated.
Doolittle will be entitled to the privileges
If the Jail yard then and he can go any
where in the state he wishes. Doolittle
will be required to file a bond with the I
TAILOR. such bond to be forfeited II he
leaves the state.