The Barre daily times. (Barre, Vt.) 1897-1959, 1919-03-12
VOTE WAS CLOSEST
OF WHOLE SESSION
Measure Will Come Up in
the House Tomorrow on
the Question of Passage,
and the Fight Is So Close
There Is No Certainty of
the Result.

The attorneys for Anna Felch Dexter
scored a telling point in the Vermont
legislature to-day, through action of the
House in ordering H. 25l to a third read
ing, said bill having purpose to make it
impossible for a person once acquitted
of the charge of murder to be tried again
on the same charge The vote on which
the bill was ordered to a third reading
was the closest of the session thus far,
standing III in favor and l07 against,
The effect of the bill would be to
throw out of court the Anna Felch case,
in which the defendant was once acquit-
ted of the charge Of numbering her hus-
band, Joseph Felch of Topsham. The bill
will come up tomorrow on the question
of passage.
Immediately after taking this action
to-day, the House resuseitated the black
bear bill and after a humorous debate or.
dered the bill to third reading. The de.
bate on this measure was much in con.
trast to the serious, sedate discussion of
the House bill 25l
Mr.. Austin of Highgate opened the de.
bate for House bill 25l. He reviewed the
so-called common law, lauded its merits,
told how for 800 years it had been recog.
nized as the law of England and had
been adopted completely in every state
in the union except Connecticut and
Vermont
Mr.. Tracy of johnson opened for the
opposition in a thriller" which lasted
for more than a quarter of an hour. He
said that a mistrial of a case in county
court should not be held as final trial
of case, that the Legislature of 1912
had seen fit TO put a check upon the at
torneys of Vermont. Before that law
was enacted, said Mr. Tracy, the state
was bound hand and foot, so that it
could not prevent a defending attorney
from arguing a case as he saw fit, re-
gardless of the evidence in the case.
Mr.. Tracy believed that the superior
judges would mete out justice and would
not allow the state to appeal case uu-
less satisfied that there had been a mis-
carriage of justice.
Mr.. Alexander Of st. Albans City ia
vored the bill, and said that he had too
much faith in the attorneys of Vermont
to think that it was necessary TO have
rope around their neck" as the gentle.
man from johnson had suggested. He
also had confidence in the ability Of the
superior judges to handle cases in court
so that the attorneys would not overstep
their rights, if they were so inclined
Mr.. Tracy and Mr.. Alexander interro-
gated each other regarding cases sent to
the supreme court in the state since 1912.
Mr.. Writers of St. Johnsbury favored
the passage OF the bill He said that if
any such things as the gentleman from
johnson had intimated had ever taken
place in the courts of Vermont, the Judge
would have said to the offending attor-
ney: "You are fined 500, and you can
60 to Jail and stay there until it is paid"
Such action could and would be taken
by Judge maintained Mr.. Writers, for
the action of an attorney in arguing
case against the instructions of the pre-
siding judge, would be nothing less than
contempt of court.
Mr.. Writers read the opinion of the SUI
preme court in the Felch case, the opin-
ion tending to show that the supreme
court thought the law Of 1912 in regard
to criminal cases opposed to the common
law, and therefore not a good law. Mr.
| Writer'S maintained that the hands of
the supreme court had been tied in this
case by the legislature of 1912. He closed
his remarks with an appeal to the legis-
lature to uphold the common law and
the principles for which our nation has
always stood by passing this bill and its
companion bill
! AT this point, Mr. Clark of Addison
moved that debate cease, but the motion
was lost by vote of Ill to 81.
Mr.. Buttles of Brandon ably presented
the side of the opposition to the bill. He
maintained that there should be but one
| trial, but that that trial should be fair,
complete, just and impartial trial and
that no criminal should be allowed to
shield himself behind the law, when er-
rors in trial were found.
Mr., Taylor of Hardwick opposed the
bill from the standpoint of the public
| good. Mr. Blood of West Windsor be-
| leved we could trust II good men to de-
eide a case the first time. Mr.. White of
Woodstock said that if the supreme court
had expressed itself as not in favor of
the criminal law as passed in 1912, he
would vote for this bill.
Mr.. Estee Of Montpelier spoke at some
length in favor of the common law and
in favor of the bill.
Bills introduced m House.
Reported by the general committee,
prohibiting the sale of diseased or dis
abled horses. Penalty, for auctioneer 50
selling of not more than six months nor
more than $50, and the revoking of the
I L..
the first time and placed on the orders of
the day for tomorrow.
Reported by the committee on banking
and insurance, to amend section l,027 of
the general laws, relating to domestic
mutual fire insurance companies Taxes
shall be paid on basis of the condition