Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-05-23
SUPREME COURT ADJOURNS
SnrgOOd Cnse Argued-ScttIement of
the Emerson Suit.

MONTPELIER, May l7.--Supreme court
was adjourned without day at $3.50
this afternoon. the principal busia ess
of to- Jays session being the hearing
in the case Of Eugene Sargoo1. who Is
suing for habeas corpus papers on
the ground that his Incarceration IN
thu state prison at Windsor is a vio-
lation NJ his constitutional rights. He
was sentenced from Remington Coun-
ty court for three different offenses
for total Of 151a years minimum, d.
vided 81. to Az for poisoning two
colts. flve to six years for perjury and
seven to eight wears for administering
poison TO Carrie and Sanforl Hicks
with hnes OF 5000 ami $500 and costs
in the last two cases He has been in
state prison in Windsor since 1904.
The sentence for the perjury case
was to commence at the expiration of
the sentence for poisoning the colts
and the sent,nce for poisoning the
IIickses was to commence on the eX-
piration of the sentence for perjury
The cases for perjury and man poison
ing were taken to supreme court
Tho court sent back the perjury case
which IL now pending and affirmed judy
nient I'm the man poisoning case, which
sentence was to follow that for perjury
The principal question to be determined
is that OF cumulative sentence anc
whether a sentence may be imposed t.
take effect on the expiration OF another
for which it is claimed there Is no pro-
vision. States Attorney w. j. Meaghei
of Bennington county and Attorney
Vah 70,
the State and ]. Is Batchelder OF Airing
ton for Sargood
Sareoods prison record was reported &c
lie excellent there being no dement's
charged against him. so that ne is en-
tiled to five days off of his sentence roI
each month he has served.
EMERSON CASE SETTLED.
Another case which has occasioned con
siderable interest. was disposed of this
morning by settlement that of Herr,
Emerson against the Cory, Deavitt a
Frost Electric company. Rufus f.
Brown of Burlington. as commissioner
made the following report
1.-THE counsel for the respective partie.
at the same time agreed that the com
mission ought to find and report to tn,
court regarding the connection of Edwart
II. DeaVitt with the claimed settlement
Accordingly the commissioner reports a.
follows:
| That the said Edward n, Dewitt en-
tered into the claimed settlement at tn,
request of the plaintiff and his agen
who applied to him to make such settle
ment and that Mr., Deavitt was not guilt.
Of any fraud, misrepresentation or duress
nor Of attempting to use any undue In
fuence or any influence whatsoever owe
the plaintiff In the obtaining of sucl
settlement.
THE commissioner is unable 10 I'm,
that there was any arrangement what
soever between the plaintiffs agen
and any of the officers. agents or at
torneYs Of the defendant company re
garding proposed settlement bu
does find that Mr.. Deavitt was en-
tirely ignorant Of any such arrange
ment If such existed.
"It did appear that the claimed set
Element was made without notice T.
the plaintiffs counsel"
Court came in at 80 after the moor
recess. One short case was submitted
and few docket entries were maze
after which Chief Judge Rowell al
rected Sheriff John l.. Tuttle 10 al
journ the court without date,