Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-02-20
PRISON TERMS and FINES
in County Court on Three
Burlington Merchants Tuesday.
Men Are, However. mt Liberty on Bail
Pending Appeals to the Supreme
Court on Exceptions Filed
by Counsel.

imposed by Judge Taylor in special ses-
sion OF county court Tuesday on three
Burlington Merchants. one of whom was
convicted of receiving stolen property
ana two more of whom pleaded guilty to
informations charging the same offense
Louis Alfred was sentenced to serve
not less than two nor more than three
years at hard labor In the house of
correction at Rutland, and to pay a fine
of $500 and costs. In case the fine is not
paid, Alfred stands sentenced to serve
out the fine. this latter sentence to begin
when he has served the minimum sem
tence imposed on him by the court.
Louis Alpert received sentence of not
less than tw nor more han three years
In Rutland. and he must also pay fine
OF $5o0 and costs of prosecution, or serve
out the equivalent o. the fine.
sam Alpert was sentenced by the court
to serve not less than two nor more than
three years at Rutland, and to pay a fine
OF %D and costs, or serve out the
equivalent of the fine If u.tpaid
All three men are now at liberty on
bail, which was furnished pending APP
peals on exceptions which were filed by
V. A. Billiard and Nj. G. Leary, their at
torneys. These appeals will stay execu-
ton of sentence until the supreme court
considers the exceptions raised, and It
may be many weeks before the men are
called upon to begin serving their sem
fences.
Bail in the sum of 5000 was furnished
for Sam Alpert by George Munson, and
Louis Alfred's bail of $3.50 was furnished
by Joseph Agel and Thomas Reeves. The
| bail OF $500 furn! he'd by Louis Alpert
| holds good until his case is decided by
| the supreme court.
The hopes Of the three men of being
| pla ced in the hands of the probation Of
| flcer upon payment of fines were shattered
Tuesday when Judge Taylor and AS
| sistant Judges Merrihew and Hall took
| their seats behind the bench. The Judges
| had been in consultation for some time
| and had In fact been considering the SEN
| fences that should be imposed since
Monday afternoon
| Friends OF the three men had circulated
a petition on behalf of the respondents,
which had been signed by large mum
| her of business men. requesting that no
prison sentences be imposed but that the
| men be sentenced to pay fines. The court
stated that these requests had been fully
| considered, as well as many other phases
| Of the question.
Judge Taylor. in pronouncing sentence,
| said that in the past whore fines We're
| imposed alone. it had not been found to
| nave deterring effect upon others who
might commit the same offenses and that
! the judges did not believe they should
dispose Of these cases by fines alone, but
that prison sentences should also be
| given. The court sentenced Louis Alfred.
Sam Alpert and Louis Alper. rapidly, as
they were called upon by the clerk. and
did not make any statements to the men
individually.
| AS soon as sentences were announced
| the matter OF whether or not the men
| could remain at liberty on bail pending
appeal came up. In the case of Louis
Alpert, where exceptions had been filed
on many points raised during the trial,
the court allowed the respondent his
freedom pending the appeal. on the bail
that had been furnished
In the cases of Sam Alpert and Louis
| Alfred. however, the matter was some
what different. They were remanded to
the custody OF the sheriff until they could
secure new bail. The two men took their
dinner at the Jail and obtained the new
bail in the afternoon.
Although Louis Alfred and Sam Alper
pleaded guilty, appeals will be taken il
their cases on the question of Jurisdiction
raised by Mr. Billiard. The latter has
raised the point that Judge Taylor ha6
no right to call the special session OF
county court and that It was called II
Irregular manner, in that Judge Taylor
was in Woodstock and ordered the speca
term from there, without the proper
necessity for such a term. Mr.. Billiard raise
several other points, among them benG
that the jurors were not properly called
etc. These points will constitute tn,
basis Of the appeals in the cases of san
Alpert and Louis Alfred. and will also OF
course 70 included in the appeal in tn,
case of Louis Alpert.
In taking up the matter of whether OF
, not the appeals should stay the execu
. tion Of sentence. Judge Taylor said tina
ordinarily whore It was apparent tina
exceptions had been taken for the pur
pose of ielay only, It was the custom t.
not allow execution of sentence to b,
stayed. He said, however that SOM
novel points had been raised by Mr.
Billiard in his exceptions and it did no
appear that these points haf been raise'
solely for delay. Judge Taylor also state'
that Sam Apert's wife was IN A eeriou
condition and about to undergo an opera
ton at the hospital so that In consider
ing all the points, the court had decided
Q that upon the furnishing of new bail tn
respondents might be at liberty pending
n the hearings on their appeals
OTHER CASES DISPOSED OF.
Fred Jeffo and Mrs. Bessie Delarg
were each sentenced to aerve not les
than two and one-half nor more thai
four years at Windsor after they ha,
e pleaded guilty to charges Of adultery
JefYo and the Delarge woman found thei
way into county court in rather a curiou
| fashion. According to the sheriffs de
partment, they began their journey I
court on North street few days ago, al
. though neither knew at that time tina
- they were headed towards a cell. 1t ap
l. pears that the couple had been Twin
I together and the woman wanted to go t
Fort Ethan Allen. Jeffo was intoxica tee
i It Is said, and objected to such n pro
q posal. For some unexplainable reaso
s they decided to visit the police static
r. and seek advice. They told their stor
y to Chief Russell but instead of helpin
l. them out Chief Russell helped them |
d to the jail on charges OF adultery. Tn
d woman pleaded guilty when arraigne
y Monday but Jeffo did not sober up enoug
y to know what it was all about unit
@ Tuesday. Then he learned that Mrs.
Y Deiarge had pleaded guilty and he 70