The Barre daily times. (Barre, Vt.) 1897-1959, 1918-11-07
ANNA FELCH WILL
BE TRIED AGAIN
Though Acquitted of Muir
dering Her Husband,
E" Joseph Felch
SUPREME COURT
OPINION ORDERS
Some Evidence Excluded
Which Should Have
Been Admitted

Anna Felch, acquitted at the June,
1917, term of Orange county court OF the
murder of her husband, Joseph Felch, a
Topsham farmer, on the night of April
%, 1916, must stand trial again. This
decision was handed down by the Yer
mont supreme court at Montpelier to-
day, Otis Williams, who was farm
hand employed by Felch, is now serving
q life term at the state prison in Wind
sor, having been found guilty Of murder
in the second degree in connection with
the death Of Felch.
In presenting the petition for a new
trial Of the case, the state argued that
the lower court excluded testimony as to
the conduct of Mrs. Felch at dance at
Waits River, and the supreme court holds
that the evidence should have been ad-
mitted. On the other hand, evidence pre-
sented by the defense to show that the
crime was committed by three fingered
man should not have been admitted by
the lower court, according to the opinion
handed down by supreme court.
Since being acquitted on the charge OF
murder, Mrs. Felch tsinee remarriedl has
been out on personal recognizance OF
$1,000 pending the result Of the states
appeal to supreme court.
Joseph Felchs body was found in his
sugarhouse and 1t was lying on rifle
which is said to have been the property
of Otis Williams, the farmland employed
by Felch and who, according TO his own
statement, had had illicit relations with
Mrs. Feleh
In giving the opinion, Justice Powers
went deeply into the question of constr
tutionality of the law, there being con-
siderable claim that the law giving the
state the right of taking exceptions TO
the verdict of the jury in murder trial
is unconstitutional. The briefs were
drawn largely along that line but the
court held that the law is constitutional
in spite Of large number Of cases being
cited in which the law has been held un-
constitutional
Other Opinions Rendered
The first opinion read this morning
was in the Chittenden county case of G.
b. Arnold VS.. E. \. Somers, which orig.
mated in 1914, developing out of a con
reka vending machine for selling news
papers. In addition TO Mr.. Somers,
Messrs Alexander, Aldrich, Ladd and
Abbott were brought into the case. In
the lower court verdict of $1,000
against Somers, the company and
Alexander was found and on excep-
tions largely to the judges charge, the
case came TO supreme court. Judgment
that, excepting against Somers, be af-
firmedi Judgment as to Somers, that he
is not guilty and that he recover his
costs; Taylor, justice.
L. Kommel & Son VS.. Champlain
Transportation CO. involved the delivery
of goods, change in the management of
Z. +. Fayette sold his interests, although
the goods were shipped in his name. IL
also involves the question where the
common carriers responsibility ends and
the opinion cited the Massachusetts, New
Hampshire and New York holdings, and
that Vermont has tended toward New
Hampshire, which gives the consignee
reasonable time to inspect goods at car
rier's warehouse. Judgment reversed and
judgment for the plaintiff, cause remand
ed TO the lower court for assessment Of
damages.
In the Orleans county case of j. II.
Games VS. r. n. Baldwin, petition for
a new trial was granted. Haselton, JUS
tice.
In the Orange county case of C. d.
Hazen, Alfred Watson and c. d. Mather
ct al VS.. Summer w. Perkins, involving
rights of fowage, the decree of the lower
court was affirmed and cause remanded.
In Chittenden county, the Burlington
Lighting Il Power company VS.. the City
of Burlington, in which damages were
awarded in the lower court of $2,659, the
Judgment of the lower court was af-
firmedj Taylor, judge.
In Washington county, the petition for
habeas corpus of A. FL. Cote, who has
been bartender in Barre was denied,
the petition being dismissed and Cote
ordered committed TO jail on the execu-
tion. The question was whether a dis
charge from bankruptcy removed the OBJ
legation of payment of damages found
against him in the Bancroft case in Gale
donia county court.
The following decisions were announced
in cases, just before the morning session
closed BY Judge Haselton, Windsor
county, Olivette Walker vs. Grover c,
Walker, divorce, decree dismissed, and
Grover Walker VS.. Olivette Walker, decree
granted and petition of Walker affirmed
Judge Powers, Washington county
court, Dodge Brothers vs. Central Yer
mont railway, Judgment reversed and
cause remanded. Orleans county, Hoyt
VS. Village of North Troy, Judgment af-
firmed; Caledonia county, Newman VS..
Garfield, Judgment affirmed and iudg-
ment for plaintiff to recover Ssl7,75 with
interest; Windham county, Stockwell VS..
Shumway, administrator of T. l.. Stock
wells estate, Judgment reversed and
Judgment for plaintiff to recover 1925,
interest from Jan. |, 1917, S35, interest
from Jan. l, 1872, $l0l3.02, interest from
same date and certified to probate court
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