Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1912-09-25
County Court.

County court convened on Tuesday,
September 10, Hon. w. w. Miles,
superior judge, presiding, with Associ-
ate Judges E. A. Ferrin and F. N
Sears. Only seven civil cases ap-
peared upon the jury calendar and of
these one has been settled and three
continued. The case of Lucy Bowen
V. Grand Trunk Railway of Canada
and Boston & Maine Railroad was
carried to supreme court on a question
of law. In the case of Sarah A. Moon
ey V. Simon G. Shastney, ejectment,
judgment was rendered for the plain
tilt. One case was tried by jury, that
of F. H. Goodwin v. E. E. Holmes.
The plaintiff sued the defendant for
damages alleged to have been sus-
tanned through the frightening of his
horse by defendants automobile This
case was decided in favor Of the de-
fendant, E. E. Holmes. Of the state
cases on the calendar, only one has so
far been tried, that of State V. E. c..
Rockwell of Troy. The information
IN this case was in two counts, one for
selling and one for furnishing intoxi-
eating liquor. Specifications were
filed alleging the selling and furnishing
OF intoxicating liquor on several dates
from August 8th to Sept. 10, 1912, al
leglng hfty OttenseS, or more. The
states main witness was one Carboni,
an Italian detective from Sherman's
detective agency in Boston, who was
employed by the state to secure evi-
dence in this case. According to his
testimony, large quantity Of liquor
and beer was sold and given away by
Rockwell on various occasions, detailed
by him on the witness stand. Mr..
Carbonl was closely questioned by
respondents S counsel, at great length,
with reference to said alleged sales,
and IN the argument of the case it was
strongly urged by them that his whole
testimony was fixed up to suit the oc-
caslon. Other evidence was offered by
the state, showing sales of lager beer
to party of young men from Newport
on September l. All the witnesses
placed upon the stand by the defense
denied having purchased or received
the liquor or beer from the respondent,
Rockwell, as alleged in the testimony
OF the detective Carboni. While the
charge of the court to the jury must
have left their minds free and clear on
all points Of law, the peculiar charac-
ter of the evidence introduced by both
state and respondent appears to have
been rather confusing, for the case
went to the jury at II a. M Saturday
and on Monday at 2 o'clock p. m. they
reported disagreement and were
discharged. w. M. Wright, state S
attorney, for the state, F. E. Miles and
F. d. Thompson for respondent Only
one other state case remains for trial,
that of State V. W. R. Aldrich, un-
lawful fishing. In this case the re-
spondent is charged with fishing with a
set line in Willoughby lake. In a trial
in municipal court the respondent
made no defense, was found guilty and
appealed to county court. In the case
Of Town of Lowell v. |. Stephenson,
assumpsit, which was referred to H. C.
Royce of ST. Albans in September
1910, the referee made his report on
the facts in the case on June IA, 1912.
On July 8, a motion by the town of
Lowell for the issuance of a certified
execution against Stephenson was
filed, but this motion was denied by
Judge Taylor, who made his findings
according to the law and the facts on
Sept. 13. His decision was in favor of
the plaintiff for the sum of $948. 56
with costs of 1926.