The Barre daily times. (Barre, Vt.) 1897-1959, 1919-03-20
The Supreme Court Fixed
Amount at $4,000 in
the Murder Case
LOWER COURT ERRED
IN REFUSING BAIL
Topsham Woman, Once Ac-
quilted of Killing Husband,
Is to Be Tried in June

Vermont supreme court this morning
called in the attorneys in the Anna Felch
case and, Justice Taylor having read a
lengthy opinion on the matter of the
habeas corpus proceedings, the court di-
rectcd Orange county court to admit
Anna Felch Dexter to bail in the sum of
$4,000 and while the court did not so
state in the docket entry it advised the
attorneys that it being out of term time
the matter could be taken before one of
the assistant judges and bail furnished.
The court, in the opinion, set forth that
the lower court was in error when it de-
Clined to admit the woman to bail as a
matter of law.
The order follows: Such bail not be-
ing offered here, the prisoner is remanded
to her former custody with an order that
she be held to bail IN the sum of 5000,
with two or more good and sufficient
sureties, the recognizance or bond TO be
conditioned as provided by law in Grim
inal cases pending in county court for
her personal appearance before the coun-
ty court, next to be held at Chelsea, in
the county OF Orange on the frat Tues
day in June, 1919 and from term to term
thereafter to answer to the indictment
there pending against her for the crime
of murder, mentioned above, in accord
ance with the law in such case made
and provided to be admitted to bail as
aforesaid, pursuant to the provisions Of
section 2,236 Of the general laws Of the
state"
The case came to the supreme court
on the exceptions to the action of the
lower court in refusing to admit the
woman to bail on a matter Of law which
the supreme eOurt discussed al some
length and then sent back as an error.
The entry on the lower court docket
showed that the refusal of bail was as a
matter of law, while the higher court
did not have to deal with the matter of
discretion Of the lower court had the
refusal of bail been made on that ground.
The woman is now in Orange county
Jail and it is expected that one OF the
judges Of that court will shortly be
asked to accept good and sufficient bail
for her release. The attorneys stated
that if they had anticipated the fact
that bail could have been furnished be
fore the supreme court they would have
had bail present this morning.
Hale X. Darling, one of the attorneys
for the respondent, at the close OF the
reading of the opinion, took exceptions
to the opinion read by the court for the
purpose, he stated, of saving the re-
spondents rights on federal grounds in
timating, as has been heretofore stated,
that the case was to 60 to the United
States supreme court for a decision.
Later in the morning he wrote ont those
exceptions and filed the same with the
court.
The court, on the points made by the
respondent in argument when the habeas
corpus proceedings were presented, de-
eided that the supreme court had the
general authority and that it is not lin
tied to special cases, as it was claimed
by the respondent in argument In 9th
er words, the court held that it, being the
highest court of the state, can take iur-
isdiction and that it di so. 1t was
claimed by the respondent in argument
that the court could not remand the
case, because it was without authority,
but the court held it had and, therefore,
remanded the case upon that authority.
This case has been watched with a
great deal of interest. y The matter of
the discretion of the lower court in the
allowing bail was discussed at some
length, as well as the general laws gov
erning that ground.
Gamma Felch Bill" Progresses in Legisla-