Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-02-12
R OFRS PATIENT
0LAuLU IN CUSTODY
Supreme Court Acts in Cleve-
land Case--State vs.. kOs-
enberg Is Argued.

Montpelier. Feb. 1i.-Bcfore taking
adjournment for the term this noon
Supreme Court made an order In the
matter Of s. 4. Cleveland of Coventry
that the court had reason to believe
that the defendant is insane and dan
se-ous to be Mt large and, on motion
rf the town of Coventry, orderad that
Cleveland be placed in the custody and
care Of Supt. Don L. GfOut of the
Vermont State hospital for the insane,
during the pendency IF t,e case
subject 10 auch alterations. modifica-
tions or vacation thereof. as the
county court may order during the
pendency OF the case and as ciicum e
stances may require. Bearing In mind
a: all times" concludes the order that
the said Cleveland should he given n
reasonable opportunity with his attor
neys at his house or elsewhere to
prepare his case for trial and to be
present at the trial thereof without
undue or unnecessary restriction as to
his personal liberty"
A decision WAS announced this morn
Ing dtsmissing the petition Cor a writ
of quo warranto made BY Henry w. Bal
ard Of ST. Adams, progressive, VINO
sought to have Selden c. Greene. the
mayor declared elected last May, show
by what authority he was exercising the
duties of the office. The opinion was not
read. The preparation of the opinion was
referred to Judge Loveland Munson. The
ballot boxes and ballots in controversy
rave been under lock and seal since last
March and 1t looked for a time as though
Al Ia, - G. A1h,,. yrnn11 InHyn 30 n r
range for new ballot boxes. The election
was so close that Mr.. Ballard took the
matter to supreme court for review. In
addition to having his petition dismissed
he is taxed the costs of the proceedings.
Leo Elmer Pratt of Fair Haven was
admitted to the bar this morning on
motion OF Edwar H.. Deavitt of the
examining committee. Mr.. Pratt is a
member of the bar of New York State
ana Is admitted to practice in Vermont
courts by courtesy. He subscribed to
the oath.
ROSENBERG CASE ARGUED.
Only one case was argued this MORN
Ing, the Chittenden county case of
State against Harry Fl. Rosenberg.
who is charged with perjury. He was
represented by V. A. Billiard of Bur-
lington. States Attorney Theodore E.
Hopkins appeared for the State, with
Henry B. Shaw assisting in making
the brief.
1t appears that at a special term of
Chittenden county court a case was on
trial against Louis Alpert, charged
with receiving stolen goods. The
court had made an order excluding
witnesses from the room. The respon-
dent in this case was called to the
witness stand on behalf of Albert.
having been sworn by the usual wit
ness oath in common with all the other
witnesses at the outset of the defense.
1t appeared that when Rosenberg took
the stand it was objected on behalf Of
the State that he had been in the court
room after the order excluding the
witnesses was made. Rosenberg was
then examined and said thai HI had
not been in the court room. This tes-
timony is the alleged perjury in this
case. Trial was had by jury at the
March term, 1913, and The verdict was
guilty, exceptions by the respondent.
The defense claims that the admission
of oral evidence of the contents of the
stenographic reporters record was error;
that 1t was an error to allow the stenog-
raphic reporter to testify that no request
had been made by respondents counsel
Tor the transcript of testimony; that the
respondent cannot be convicted of per-
jury in this case because the oath as ad-
ministered to him did not refer to his
examination as to his competency as a
witness; that it was an error to allow
the sfaDnOranb{O ronortar 81 to,t;r,, - ~.
custom in making a record of objections
at a trial; hat the Information filed in
this case is defective; that it was an
error to exclude vidence of R~osenbere's
statements made during the time In
which the witnesses were excluded from
the court room: that the argument Of the
States attorney was improper and was
a reversible error; and that the judg-
ment Of county court should be reversed.
ENTRIES ON DOCKET.
These entries were noted on the call
OF the docket:
Bennington county--In re Timothy
d. Smiths estate. appeal from commits
%sioners, settled; Thomas G.. Plant Co.
VS.. John Nash, replevin, stipulation
for settlement.
-. Sulll-
van vs.. George sullivan, administrator
of the estate of p. Sullivan. appeal
from probate court, affirmed for want
of prosecution and ordered certified to
probate court; same entry In Patrick
E. Sullivan VIZ. George sullivan, ad-
n:nis:rato- Of Patrick Sullivan, appeal
rom probate court; town OF st. George
IS. Il. "A. Ti!ley, judgment affirmed,
william Ropes Task, executor and
rustee. "a. James L. Kar-ack and
taers, judgment affirmed.
Franklin county Marcus NJ Bartlett
q. L.ynford .. Eye md Jerry NJ. from
iy and C. e. Brt.ch, trustee, aa~u,np~i,.
ettled.
Orleans county Elkins vs railroad
mpsn settled Merle o. Loav-na apt,
s. the American Express ompany pro
nrma judgment reversed, demurrer uus-
aimed and cause remanded for trial.
Colonial Light d Power company VS..
george r. Creiser, Patrick Stewart. Will
am r. Coo.idEe ard Charles A. Holden.
,Ypcllants, appeal from the public service
commission, order vacated and cause ro-
handed.
Windh,Am oou~nty-lienry +. Jordan, ad-
Illustrator. VA. Daniel N. Brosnahan,
cttled and discontinued.
The Hpecia. term at Brattleboro will
eein February II.
RFnT TREE3