Middlebury register. (Middlebury, Vt.) 1886-1937, 1911-06-30

Ferrisbulgh and stealing there from a
quantity of cigars, was next arraigned
and pleaded guilty to the charge con-
tanned in the States ttorney's infor-
nation. The sentence was that Clark
should be confined at hard labor in the
house of correction at Rutland for not
less than two years and six months nor
more than three years. Under the cir
cumstances the court saw fit to suspend
the sentence and place the young man
in charge of the county probation of
ficer, Sheriff DIN A. Smith of Add son.
Mr.. Donoway represented this respond
ent also.
Before the regular order Tuesday
afternoon two other deer cases, very
similar in some aspects to the one on
trial, were taken up and disposed of.
Fortune and State VS. Adolphus Ash.
These respondents are Bristol youths.
Fortune was charged with having had
in his possession, contrary to the statute,
at Bristol on the 18th day of last March
parts of the carcass of deer killed out
of season, and Ash was charged with
similar offence. Both respondents
pleaded guilty" and at the request of
States Attorney futile the cases We're
continued for sentence, both of the
young men being at liberty under bail.
The jury We're out all night At $3.50
Wednesday morning they came into
court and Foreman Lewis announced
that they had been unable to agree. In
answer to a question from the court
the foreman stated that there was no
chance for coming to an agreement,
and they We're thereupon discharged
from further consideration. 1t is un
derstood that the jury stood nine to
three in favor of acquittal.
After the recess Tuesday afternoon,
when the jury in the Meehan case had
retired, the second criminal trial of the
term was started, and it also proved to
be the final criminal trial of the term.
The case was State VS. Frank Stok es
and the respondent was charged with
having assaulted one Granville Thorn p
son at Starksboro in January last with
intent to kill. AS usual, States At
torney futile had charge of the prose-
cution and Mr. Donoway was the coun-
sci for the respondent The testimony
of the complaining witness for the
tiOto and ntbar xrifnpcC for
that side was got in before the evening
recess of the court. Wednesday morn
ing, before taking further testimony,
Mr.. Donoway stated that his client de
cided to withdraw his former plea of
mot guilty" to the charge of assault
with intent to kill and to substitute a
plea of guilty of simple assault. This
plea was accepted, under the sugges-
ton of the States attorney, and the
respondent was at once sentenced to
serve not less than two years and six
months, nor more than three years at
/, hard labor in the State prison at Wind
sor. In his behalf, Mr.. Donoway stated
to the court that the respondent was
: suffering from a very bad breach, kid
ney disease and a heart trouble, and the
) court evidently took these matters into
consideration when imposing sentence.
When this case had been got out OF
, the way it was found that there We're
no more jury cases ready to be tried,
and at 10 O. clock the jurymen were all
discharged for the term. They drew
, e. =. Nt
= them did not have the honor or pleasure
! of sitting on any of the cases tried.
Edward w. Train of Middlebury was
, arragned during Wednesday forenoon
D and pleaded guilty to one otfense OF
D having liquor on hand with intent to sci
contrary to law in August OF last year.
Mr.. Train is the present manager of the
i Allen house on Washington street, but
, has been in very poor health and under
$ the care of physicians for many months
-, Mr.. Donoway was his counsel and asked
= that the imposition of sentence be de
n ferred States Attorney futile wa:
n willing to let the matter go over, anc
t under his acquiescence the case wa;
continued for sentence, which mean!
= that the matter goes over to the Deem
. Der term.
S In the cases of Simon Mcmahon VI
q Myron w. Crow and Edward B. Rich
= ardson VS. Charles Church ct al, il
which the juries had brought in verdict'
for the plaintiffs earlier in the term
e Lawyer Russell of Middlebury Wednes
$ day afternoon moved for judgment oil
< the verdict in each case, and the cour
so ordered.
In the case of Howard Hasseltine VI
/. Alfred Phelps, appellant, in which thu
0 jury on last Thursday brought in yer
\ diet in favor of the plaintiff, to recover
= sos damages and his costs, Attorney j
: u. d.. "a lnfnrnd nj