Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-05-09
SUPREME COURT
OPENS MAY TERM
Judgment Affirmed in Powell VS..
Northumberland An
Interested Spectator.

Montpelier. May The May term OF
supreme court opened this morning In the
chambers at tho State House with the
full bench present. The Rev. Ward H.
Clark of the Church of the Messiah
opened the proceedings with a prayer
Three opinions were read during tue
forenoon ard several others this a1ter-
noon. The Bosworth case from Chittendeh
county was not taken up as expected
Sheriff Allen brought Bosworth
here. Arthur Bosworth was convicted "t
the murder of Mae LABEL at Essex june
ton in June, 1911 He was In court our
ing the afternoon and appeared an inter
ested spectator. His case will probably be
taken up tomorrow morning.
The decisions announced were: Trustees
of Caledonia county grammar school vs.
George T. Howard and S. Blanch Kent
ejectment, to determine the rights Of the
grammar school in certain alleged school
lands. Opinion was by Judge Watson
Judgment reversed and judgment fog
plaintiff for possession of the premises
and cause remanded for assessment OF
damages.
Max L. Powell. trustee, against
Charles L. Woodbury. and Edward T.
Chittenden county for alleged malic-
ious prosecution growing out Of the
purchase of Hotel Burlington prop
erty by the Woodburys from George
NJ. Delaney and contested by Max L.
Powell, the trustee for Mr.. Delaney.
who was running the hotel previous to
and at the time of the fire, on the
trial below verdict for plaintiff of
$500 and costs was awarded by jury.
Judgment was affirmed. Judge Rowell
read the opinion.
Robert j. Roberts ct al vs. the W.
II. Hughes company fror. Rutland
county. Opinion was by Judge Mum
son. Judgment IN accordance with
dissenting.
WASHINGTON COUNTY LIST.
In the Washington county list the case
of Charles Frattini and Luigi Spineli,
trespass. was continued, the Turley MUIR
der case was again continued as the ex-
ceptions We're not perfected. Exceptions
We're waived in State vs.. Levi Norway
and Judgment affirmed. Norway is serv-
ing his sentence of five years minimum.
Turley Is In the insane asylum at Water
bury under observation. The case of the
Thompson Starret Co., VS.. the f.. b. Ellis
Granite CO., stipulated for hearing at this
term was set for trial at the heel of the
calendar. This case comes TO supreme
court on affirmation OF masters report
for about $4,000 for the orator.
Abbie A. Lockwood VS.. Frank e. and
Jessie L~adoux. Windsor. judgment at
firmed
+. ii. Ketchum and Clara j. Ketchum
vs. Heber L. Holman. orange, no trial.
settlement probable.
State VS.. Alex Wagner burglary, La
noble. judgment affirmed. Respondent is
now serving four years in State prison al
Windsor.
Paige VS.. McCarty. from Windsor was
| set to the heel, State VS.. Duane c. Pierce
and State VS.. J. II. Therault, both from
| Windsor. were continued as exceptions
were not perfected In respect to the
| Therlault case States Attorney Skeeis
stated he would ask that judgment be
affirmed If it was not for the illness OF
E. r. Buck. counsel for the respondent
| who was unable to attend to the case or
! that account
| Motions for judgment were made II
Charles Lufkin vs.. Henry G. Colby. Sian
| der. from Orange county and Arthur II
Ward VS.. r. T. burlington. and Frank G
| burlington VS.. G. II. Grimm, from Rut
| land.
At the opening of the afternoon session
| Benjamin Gates of this city appeared fol
| +. T. Barber of Brattleboro and aske,
| u"
John Il. Marley against Peter Johnson
Judgment was deferred until next weel
when +. W. Gibson. representing thu
other side. will be present
| Judge Haseton read an opinion affirm
ing judgment in the Windsor county cast
from probate court for the district o
| Windsor. Gilbert 4. Davis .-dminstrtato
Of the estate of Sarah Story, against A
*. Hall. The pro forma judgment wa
| that the plaintiff recover S4,61.50 with in
| terest.
The Rutland county case of RUTLAND
Street Railway, Light & Power compan
against the Clarendon Power compan
was covered in an opinion by Judg
| Powers. The case was an injunction pro
ceedtnE over a parcel of land and IN
question was raised as to whether a com
pany supplying electric power held prop
erty for public use, Judge Powers holding
the opinion that such was the case TIL
demurrer was adjudged insufficient AM
cause remanded.
DECISION AGAINST II. II. POWERS.
Judge Munson had the opinion In tn
case of II. II. Powers against the Rutlan'
Railroad company, giving judgment 70
the defendant, The case rose out of Z
question of the salary of general counse
of the road. the position held by tn
plaintiff. The executive committee q
the road cut the payment from 500
to 5000 per annum and several payment
We're made on that basis The plaintiff
sought to recover at the higher rate, TIL
judgment of the lower court was that Il
recover $2l.lI0 Judge Miles. sitting 1
the place of Judge c. NJ. Powers. read
dissenting opinion.