The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-12-19
W|NDHAM COUNTY
PRISONER WAS
IN JAIL HERE
Mistake Causes Comment But
No Injustice Done
SHOULD Be UNDER RESTRAINT
Man is Foreigner and Speaks Nc
English and ls Probably In
sane or Mentally Deficient.

County court officials are consider
ably disturbed over the case, of vii
liam Mock who through an error In
commitment has been in jail here
since July awaiting trial for burglary.
Mock has been transferred to the
Windham county Jail at Newfane, as
it has been learned that the alleged
burglary was committed in the town
of Nottingham. The following from
the Brattlebogo Reiormcr explains
some features of the case.
Albert Mack an Austrian and for
mer resident of Nottingham, was he
fore Judge Frank L. Barber in the
municipal court this morning on a
charge OF burglary. alleged to have
been committed by him July 5 in
Nottingham. Mock. through some
body's gross carelcssness or ignor-
ance, has been In the Bennington
county Jail since last July awaiting
trial II was not until two days ago
that some of the officials discove, ed
that the olfcnsc was committed in
Windham county and that he could
not be tried in another county.
"ln consequence Information was
sent here and deputy sheriff c. /.
Knapp went to Bennington and got
Mock, who speaks hardly a word of
English. and brought him here At
torney William Il. Daley represented
him this morning and asked for a con
tinuance to next Friday To give him
opportunity 10 ascertain some of the
facts in the case. Mock was taken to
Newfane Jail this noon TO await his
appearance again next Friday. II II
is decided to have him continue his
plea OF not guilty and await trial he
for the Windham county court. which
does not sit until next April. he will
have spent nine months in Jail await
ing a hearing, whereas had someone
not Numbered he would have been
tried here at the September term o.
the Windham county court
Mock is charged with having en-
to ed the house of w. u. Howe in
Nottingham the night of July and
OF having stolen $50 worth of silver
ware. He was arrested in Readsboro.
which Is in Bennington county. and
giving a hearing there for an odensc
committed in Windham county court,
and was In Jail over ivo months be-
fore some official discovered that a
man was being boarded there who
had no business to be in that jail II
will be a fairly expensive case for t.e
state besides being one by which rank
injustice is done to man who does
not understand the reason for the
long delay
States Attorney W. J Meagher. In
speaking of the case this morning.
said that the facts as stated by the
Refo.mer were substantially correct
Mock, following his arrest. was given
hearing before Justice Faulkner of
Readsboro and bound over to the
grand jury on the charge of burglary
After the man had been lodged In
jail here. the states attorney said
that he endeavored through local in
terpreters to obtain some mforma.
ton from Mock but the man is men.
tally deficient. that it was impossible
to learn anything OF his past history
or of the crime with which he IL
charged.
Mocks case would naturally he
considered by the grand jury at the
June term of court but Il could have
been disposed of through the filing
OF an Information at the present term.
With the latter plan in view. the
states attorney said that he made in
quirles of Assistant Judge {. 5.
Perry of Readsboro when court open
ed the fest OF the month and was
then informed that the house AZ
which the alleged burglary was com
mitted stands Just across the line in
the town of Nottingham and there
fore out of the jurisdiction of len
nington county.
The states attorney stated that he
then communicated with the auihori-
ties and arranged for the transfer Of
Mock to the Windham county Jail at
Windham.
It is apparent that Mock has been
confined in the wrong jail. There
is. in the opinion OF States Attorney
Meagher no questioning tho fact that
the man committed the burglary with
which he is charged. Such being the
case the officials in Windham county
should have been alert enough to dis
pose Of the case in the proper juris-
diction. Had Mock been arrested aud