The Barre daily times. (Barre, Vt.) 1897-1959, 1913-09-23
In Six Cases Of Breach of
the Peace, = ,ich Had
Bee ~ S;ypealed
lSs,w1 NTY COURT TAKES
UP STATE CASES
Trial of State VS.. Dakota
Ottavio Is Now Be-
ing Held

State cases were taken up in Washing
ton county court yesterday afternoon.
At the outset, States Attorney Carver
stated that several cases were not ready
for trial, and asked for postponement,
the capiases in some cases not being re-
turned. In the case of State vs. George
l1onahue, intoxication, the lower courts
fine OF SIS, with costs, was affirmed
In six cases charging breach of the
peace in Barre, growing out of squab-
Bile over alleged mishandling of funds in
a cooperative store, the sentence of the
lower court was affirmed and the men
paid fines of $40 with costs, the assess
ment in each case being slightly over
S24. The respondents in the compan-
ion cases were G.. Miami, Luigi Riealdi,
Amelio Lott, G. Fontani, Pia Ferrani
and Ricardo Rizai They had been found
guilty n.Barre city court and appealed.
States Attorney Carver explained to
the court that the disturbance froni
which the arrests grew was brought
about by the clash of two factions of
members of the cooperative store. He
said he would recommend that the men
be fined $40. with costs, just as-he had
recommended in the lower court, saying
that the men were law-abiding citizens
who had become embroiled in what thes
now agree was an unnecessary disturb
anee. Attorney r. i. Scott for the re-
spondents, told of the good regulations
of the men. After hearing the case,
Judge Butler decided to impose the fine
as stated above.
A jury trial was called for in the case
of State VS.. Dakota Ottoyia of Barre,
who was charged with breach of the
peace in assaulting Harry Sargent, also
of Barre, and threatening him with
revolver.
O. f. Phlbrick was the first witness
called by the prosecution. He testified
that he was standing in the doorway OF
the mill where he is employed, when he
saw there was some difficulty between
the men, but could not distinguish any
of the words that passed between them.
He recognized both parties and told of
the teams he saw in the yard of Cows
livery stable at the time. Cross exam
ined by Attorney Hoar he denied that
he was seated in the mill Office and saw
the affair through glass. but maintained
that he stood in the doorway, some 30
feet from the two men At the request
of Mr.. Hoar. he drew a plan Of the mill
Office with the location of the desk, win
dow and door. He stated that he hap.
pened to be at the door because he ac-
companied a customer to that point
w. w. Belville was the next witness,
and he said he was in the stable yard
when the trouble between 0ttovia anu
Sargent came up. the trouble starting
over horse deal. He said the only
horse in sight was spotted one of the
Indian pony type, and Sargent started
to drive the animal away. The rens
apparently fell to the ground and when
Sargent moved to pick them up, Ottovia
drew a revolver and ordered him to step
back from the horse or he would shoot
Sargent stepped back. Belville stated he
was close to the two men and heard
their whole conversation. When cross
examined, he said he remained in the
ward with the men until the arrival of
an officer. who had been summoned. and
that Ottovia held the weapon in his hand
perhaps three or four minutes and then
replaced it in his pocket.
Just before the adjournment of court
last evening, George /. Hunt and States
Attorney Carver notified the court they
were ready to argue on the formers mo-
ton that the indictment against Georgia
Mcleod be quashed, on the ground that
it was not correctly drawn. Attorney
Carver argued that it was worded ac-
cording to the statute. The court took
the matter under advisement.