Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1918-01-03
SUPREME COURT
BEGINS WORK
Turner Not Illegally Imprisoned
Opinions Given in Several
Cases.

Montpelier. Jan. 2.-The Vermont SUI
preme court held to-day that Frank A.
Turner was not unjustly imprisoned in
the Vermont house of correction; his
petition was dismissed and the relator
was ordered remanded to the penal insti-
tuition at Rutland.
Turner was sentenced in September. 1915.
to serve not less than IS months and
not more than two years for non-sup-
port, and his term will expire on January
IS. 1t was claimed by the mans attor-
ney that he was prosecuted under one
statute and sentenced under another; that
the sentence in the former would have
been only six months. Opinion by Judge
Taylor.
A considerable number OF opinions were
handed down when the court convened
this morning for the January term. In
the Rutland county case Of Edward D.
Farmer We. John D. Williams, action over
a loan, the amount being $2,100. No note
was given and the question arises whether
the loan was paid. Judgment was re-
versed and the cause remanded. Opinion
by Judge Haselton.
In the Washington county case Of State
vs.. Adalgsa Villa, selling, verdict was
reversed. judgment arrested and the re-
spondent was discharged. This case was
spondent was found guilty and sentenced.
II was held by the court that the charge
was too broad. opinion by Judge Powers.
In Essex county. Lapointe va. Sage and
Lapointe, the motion to affirm the judy
ment of the lower court made at the last
term, was left for later disposition.
In Franklin county. in the State Va.
Robert Warm case, petition for new trial
will be argued at this term.
In Orange county, II. NJ. Smith VS..
Eusebe w. Pruiner. settled and discon-
, tinued. was directed; Arthur B. Clark VS.
8. c. Seavey and Bonner brothers, judy
ment affirmed as per motion of last term
Of court.
In Orleans county, Brown vs.. Brown
judgment affirmed: Sevigny vs.. Sevigny
and Fontaine. settled and discontinued.
In Rutland county, Coleman vs.. Mead
judgment affirmed.
In Windham county Millington Vs. Lon.
donderry. settled and discontinued.
In Windsor county, Devialtowski vs
Kulon. decree affirmed and cause remand
ed as per order Of last term.
In Chittenden county. by Judge Miles, II
the case Of Vermont Fruit Co. VS.. o. H
Wilson and trustee. This is over a mote
of $720. in which Judgment was in favor Of
the plaintiff in the lower court, the CASE
coming to supreme court on exceptions a.
to admission of evidence. judgment af
frmed.
In Windsor county Waterman vs.. Mood,
and Rogers by Judge Taylor. the entr,
was made. judgment affirmed.
In Bennington county. Holt VS.. Ruleau
by Judge Miles. judgment affirmed.
A petition for a new trial in the case O
State va. Frank Ketcham. from Benning
ton county. murder in first degree, hai
been presented in court and hearing will
probably occur. The execution Of sen
tence. electrocution, is provided for Il
this month.
A number of attorneys were present
Prayer was offered by the Rev. L. c. Car
son, who referred to the war condition
and asked the Almighty's protection owe
soldiers in Europe. The calling Of tn
docket resulted in many entries bein
made for continuance.
These entries included in Washington
county: Continued. Blanchard Real Els
tate Co. VS.. Montpelier: Davis vs.. Unio
Westinghouse society: Bianchi VS.. Mont
pelier & Wells River railroad; Gilpin VI
Northfleld; Hutchin vs. George; Nichol
VS.. Lane; Dodge Bros VS.. Central Yer
mont Railway Co.: in re Clogston estate
Pinard VS.. Cato.