The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1919-10-09
KELslE TO BE ELEcrRocuTED
2uDreme Court Finds no Error ir
Trial of Orleans Man.

Montpelier, Oct. Probably the
most important decision handed dowr
by the Supreme Court today was thai
n the case of State vs. Bert Z. Kelsic
If Orleans, This was submitted las
Nay on briefs by the attorneys. Kel
ie was found guilty of numbering
lanes Allen, age TO- at Orleans De
,ember 5. 1872 The decision Of
he Supreme Court, read by ustice G
VI. Powers, was, that no error hat
occurred in the proceedings and exc
,ution of the death penalty was or
Tered at Windsor the first week aftel
he first Monday in December, 1919.
Kelsie when asked il he had any
hins to say replied q don't know a.
have" He stood rather unsteadil.
md replied Yes sir" when Justice
covers pronounced that part Of the
entence in which stated he was con
icted of murder in the first degree
The testimony OF DR.. James c. O'Nei
If the State hospital in county cour
howed Kelsie who is "a years old, t.
ave the mind Of child but that h
new right from wrong. Sheriff
,'erett Hill OF Orleans had the maj
Il charge and left the court room {
lew minutes after sentence was i'm
posed. This is the fourth time tina
Sheriff Hill has taken the man to 6
lenal institution Twice to the Statf
prison and once to the House of Cor
'ection before this time
Another State case decided wa
that of State VS.. Ruth Elliot, furnish
ng intoxicating liquor, judgment, mo
ion sustained and respondent dis
charged
Other cases decided were in regart
o the will of William A. Lawrence
Nina Whalley ct al. and Arthur
O'Brien apt, two cases from Addison
county involving an estate Of about
563.140 in Vermont and California
Judgment reversed and judgment fol
appellees affirming the judgment o,
he probate court for the district o
New Haven to be certified back &c
hat court. Opinion by Justice Miles
W. II. Hobbs & Son VS.. Crane
Trunk railway. in Essex county, II
which the judgment for the plaintiff
II $3.50 was reversed and cause re
handed. Slack, justice.
Wilfred St. Marie VS. Il. o. Wells
Orleans county opinion by Judge
Noulton. in which there was a verde
IN the lower court for $500 The case
rev ont Of alleged misrepresenta
l., 20 I'M do
nent was affirmed.
William G. Moore VS.. Grand Trunl
ailway, In Essex county, negligence
or personal injuries ON part OF de
endant at Island Pond July Is, 1917
\ verdict Of $4,000 was given The
plaintiff in the lower court. Judg
nent was affirmed, Justice Watson
eading the opinion.
John /. 'Spauldng, adm, VS.. the Mu
| ual Life Insurance of New York
Washington county; Judgment for the
plaintiff for S515 was reversed anc
Judgment for the defendant to recov
ar S4S9.S4 and costs.
In the case of the will Of William
| Chisholm in Bennington county
Judgment was affirmed, and it will be
certified to probate court in that dis
trict
d. l. Grapes VS.. c. e. Willoughbl
and trustee, Caledonia county judg
ment affirmed.
Farmers Exchange VS.. Walter NJ
Lowney Co. and others, judgment rev
ersed and cause remanded. In TN
lower court the plaintiff received
verdict of S2,44S.
Town of Waterbury VS. Central Yer
mont railway. order affirmed ant
cause remanded for such further pro
ceedings as may be required if no
Inconsistent with views expressed il
the opinion.
In the estate of Charles Hayward
Addison county; Judgment afIirme
and ordered certified back to that dis
trict.
Orange comfy judgment affirmed
The lowor court gave Mason $40
damages.
Anna Niebysh VS.. Thomas We
Iccme. Windham county, Judgment r
vorsed aad cause remanded, Tn
lower court gave the plaintiff a yel
diet Of S4,70O damages.
Etienne Latulip VS. City of Burling
ton, Chittenden county judgmen
affirmed The lower court gave jud
ment for the defendant.
James A. Mcnamara of Fair Have
was admitted to the bar. He ha
spent 10 months in the army.