The Barre daily times. (Barre, Vt.) 1897-1959, 1917-10-03
ORDERED SENT
TO SERVE TERN
Usebio Albano for Assault on Luigi
Cerutti Of Barre, George Bolton
for Procuring Abortion.

!, The order was made in supreme court
, this morning that the mittimuses in the
cases of State against Usebio Albano of
i Washington county and George Bolton of
Caledonia county be issued forthwith,
which means they will go to the penal
institutions this week. Sheriff f. II.
Tracy said they would 90 Saturday.
The opinion in the Albano case was read
late Tuesday afternoon by Judge Miles.
There were 10 exceptions, and of these
hardly one was saved. The one based
upon his act being in self-defense was
over ruled, while the one that because
the jury brought in verdict leaving off
being armed with dangerous weapon"
was also oyerruled.
| The order was a Judgment that no err
ror was made in the lower court and that
the respondent takes nothing by his ex-
ceptions, let execution be done Albano
was found guilty of assault with intent
to kill by shooting Luigi Cerutti of
Barre in July of 1916. He goes to the
state prison for from six to ten years.
In the case of Bolton, he gets three
to three and one-half years in the house
of correction.
The docket went to pieces this morn
ing, when the court was ready to hear
arguments. 1t was expected that the
Rutland county case OF Haskin VS.. Weav-
er was to be argued, but it was an
nounced that the Rutland county cases
would all 60 to the special term at Rut |
land. which carried the work up to the |
Windham county cases, and Brown VS..
Connecticut River Power company will be |
submitted on briefs. while the Central |
Vermont Railway company VS.. l.. NJ. |
Carpenter, and John l.. Howard vs. l. S. |
Sayre were continued. The other cases
were left open. In Windsor county eases,
State vs.. Brittell, adultery, and State
as. Eaton, adultery, will be submitted on
briefs, while in State VS.. Rossi the time
is not ripe because of rules, so that
cases went off the calendar.
In the Orange county case of State
VS.. Anna Felch a motion had been filed
for Judgment ON the verdict, but it was
stated that the attorneys have 80 days
on the transcript of the evidence, and
the case was entered upon the docket as
continued, while the case of State VS..
Stevens was left open, because there
seemed to be a disposition pending.
This brought the court to Franklin
when the clerk commenced tel
ephoring for attorneys, to locate case
for trial. In the meantime the ar-nI- ,
ments on motions of several cases took ,
place These include the case OF George
Campbell VS.. Montpelier Ice company, in !
which L. NJ. Harvey moved for a decree, {
the finding of the chancellor I
md remanding the cause, claiming that +
he delay made has been useless and !
hat the opposing attorney had advised :
lin that a settlement was pending and
lot to make any preparation for argu-
nent. He showed that the delays had
worm on the orators patience and that
le is in poor health and has a chance r
o sell his farm if this case could be
traightened out.
This was followed by the argument on
motion in the case of c. S. Whittier VS..
he Montpelier Ice company, in which
l. G. Barber claimed delays have been
conducted since 1910 by the :
efendant and that the defendant had
Indicated to him no intention of carrying J,
he case to supreme court f. L. Laird {,
isputed this claim and, like the other
ase. the court has the matter under "
Al the W AhusOf tpuilN case OF III re.
state of A. A. Martin, a motion for 9
ecree affirmed was filed il being stated
hat the defendant has been in contempt
court and has paid a fine of $500 for
lch contempt and even now continues s.
, be in contempt, although penalized for I
is act. Mr.. Bickford stated that Fred =
avis, the attorney of record, has been NJ
for two months, and he had m
,cently come into the case. No decision az
as announced Il
In the Addison county case Of Spinney ~
!. Hooker & Son, motion for a change
the order to Judgment affirmed as TO
images and reversed as TO liability" was
.ked, instead Of reversed and cause NJ
manded' as read Tuesday
One Of the important cases is that Of
hsrles Barclay of Barre. who in the Of
wer court obtained a verdict Of $4,000 he
ON the Wetmore & Morse Granite com vi
inv because he lost his eye-sight while Re
nployed by the defendant in the case We
be order in this case was reversed and HI
use remanded, which means that the ne
Sc viii have another trial unless a set o-c