Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1916-02-18
MANY CASES ARGUED
Supreme Court Held Annual Feb
ruary Term Here This Week
George Warner of Simonsville, Con-
victed of Murder, Was In CourS Dur
ing Argument of His Case.

Int dHHudl TeDTudGy term or tne Su-
preme court opened in the parlors of
the Brooks House Tuesday morning at
10 o clock, Rev. f. Q. S. Osgood, pastor
of the Unitarian church, offering pray.
er. The full bench was present, includ-
ing Chief Judge Loveland Munson and
Judges John H. Watson, Seneca Hasel-
ton, George NJ. Powers and William H.
Taylor The term clos,d yesterday
at o o'clock. Several cases which
might have been argued were other
wise disposed of.
The Westminster case Of ID. Z.
Wright against B. j. Phelps and others
was discontinued with costs to the de-
PENDANTS. This case raised the same is
sues which were raised in a chancery
case recently decided by the supreme
court. a. F. Schwenk and c. c. Fits
for the plaintiff and Gibson and Daley
for the defendants.
In the suit of George Tudor and A.
Crosby Kennett against Herbert S.
Mudgett and in the suit of A. Crosby
hennett and Herbert S. Mudgett
against George A. and Ernest Tudor
motions were filed that the cases be
sent back pro forma with mandate
that the Tudors be allowed to plead
their discharge in bankruptcy in de-
Tense Of these actions These suits grew
out Of lumber deal and went to the
supreme court on the question of the
admissibility of some evidence and on
law questions involved.
The case of Carl S. Hopkins, trustee,
appellant, against the estate of John p.
Sargent of West Brattleboro, Walter
Sylvester, executor, suit over the di-
vision of the estate, which went to the
supreme court on the questions of the
admissibility and exclusion of evidence.
was submitted on brief by the plain
tiff and argued by A. p. Carpenter for
the defendant, II. G. and F. Z. Barber
for the plaintiff.
Attorney General Herbot G.. Barber
called the Alteration of thu court Tues
day to the case of the state against
George Warner of Simolsville, in the
town of Andover, who, in November,
1914, killed Mr.. and Mrs. Henry +.
Virgins of that town, parents Of War
ner S wife. He was tried and con-
victed of first degree murder, after en-
tering plea of not guilty by reason -
!. insanity, but took the case t. ths,sg-
4 preme court on exceptions which incfud-
ed claim that the court had erred il
admitting certain testimony and again
that there had been an error of law in
the charge to the jury AS the law
makes it discretionary with the court
whether defendant shall be present
in court when questions of law are be-
ing argued the attorney general called
the case to the attention of the court
that they might decide as to whether
TO require Warner S presence.
1t was the decision of the court that
Warner should be present in court and
| X ft,,,. % -.
was notified Immediately TO have the
prisoner in court Wednesday.
The case of Gibson & Waterman, al.
torneys, of Brattleboro against the iowa
of Vernon, appellant, was argued at the
morning session, w. d. Smith appear
ing for the law firm and A. F. Schwenk
for the town. This is a suit to recove:
from the town for legal services given
the board of license commissioners il
1907. The question involved is as to
whether license commissioners can bind
a town to pay for legal services.
Most of Tuesday afternoon was
taken up by the arguments in the suit
for alleged malpractice brought by
Hester A. David of Wilmington
against DR.. S. Farrar Dunn of that
town, which was started at the morn
ing session. In this suit the defend
ant was given judgment to recover his
costs. The suit arose over the treat
ment given an injured wrist of the
plaintiff which was first treated by the
defendant and later by other physi-
clans who claimed there was fracture
of one of the bones. w. r. Daley Of
Gibson & Daley represented the plain
tiff and Charles S. Chase and A. F.
Schwenk the defendant. The ques-
tions argued were principally over
the ruling of the lower court on the
advisability of exhibits and evidence
The we'll known case of Charles H. Da-
, venpOrt against the Carpenter Co. and
others was affirmed and remanded by
stipulation. This case has been be-
fore the courts for years
The principal interest at the session
on Wednesday morning was in the pres
, enee OF Warner. AttorneF +. G. Bick-
nell of White River Junction. counsel
5 for the respondent, argued his eXeep-
+ tions, which were based on the ground
that the state did not confne itself, in
attempting to disprove the insanity
plea of the respondent, to the period
of two years covered specifically by
the defense in presenting evidence to
prove insanity. State S Attorney Cole
: and Attorney General II. G. Barber ar
? gued for the state.
The prisoner arrived in Brattleboro
from Windsor Mt 90 O'Clock in charge
of Sheriff J. H. Kiniry and a deputy
and was taken back on the train leav-
ing Brattleboro at O'Clock.
a Attorney Robert c. Bacon at the
n opening of court Wednesday concluded
/, his argument for the defendant in the
/, chancery case of the Cutler Co. against
; Attorney General Herbert G. Barber, a
suit over a strip of land which is
q claimed by both parties. This case
! was begun Tuesday afternoon. The
. masters decree found for Mr.. Barber
I W. r. Daley and A. F, Schwenk ar,
gued for the Cutler Co.
+ just before the noon recess the case
h of Wilson Brothers, garage men
. against Frank A. Larrow, appellant