The Barre daily times. (Barre, Vt.) 1897-1959, 1919-10-08
WORK GETTING
A JURY TO TRY LON(+
ON MURDER CHAylGE
ELECTROCUTION SET
FOR BERT E. KELSIE
EARLY IN DECEMBER
Vermont Supreme Court Refused to
0verturn Verdict in Case of Man
Convicted of Numbering James
Allen at Orleans Dec. S, 1918

Alien at OIledHS DtC. d 1910
Probably the most important decision
handed down by the Vermont supreme
court Tuesday afternoon was that of
State VS.. Bert L. Kelsie of Orleans,
whose case was submitted last May on
briefs by the attorneys in the case. Kel-
sic was found guilty OF numbering James
Allen, age 10, at Orleans Dec. 5, 1918.
The decision of the supreme court, as
read by Justice G. NJ Powers, was that
no error had occurred in the proceedings
and execution of the death penalty was
ordered at Windsor the first week after
the first Monday in December, 1919.
kelsie, when asked if he had anything
to say, replied, Il don't know as have"
He wavered while standing and replied,
"Yes sir" when Justice Powers pro-
nounced that part of the sentence which
said he was convicted Of murder in the
first degree. The testimony of DR..
James G. 0'Neil of the state hospital, in
county court, showed Kelsie, who is "a
years old, to have the mind of a child
and that he knew right from wrong but
was not OF normal mind. Sheriff Everett
Hill of Orleans had the man in charge
and left the court room a few minutes
after sentence was imposed. This is the
fourth time that Sheriff Hill has taken
the man TO penal institution, twice
to the states prison and once to the
house of correction before this time.
Another state case that was decided
was that of State VS.. Ruth Elliott, fur
nishing intoxicating liquor, judgment
oyerruling the motion in arrest, was re-
versed and respondent discharged.
Other cases that were decided were in
regard TO the will of William A. Law.
reIwe, Alma Whaley ct al and Arthur
0'Brien apt; two cases from Addison
county involving the estate of about
S63, ,l40 in Vermont and California,
judgment reversed and Judgment for ap-
pellees affirming the Judgment of the
probate court for the district of New
Haven, to be certified back to that
court; opinion Justice Miles.
w. II. Hobbs and son VS.. Grand Trunk
railway in Essex county, in which the
Judgment for the plaintiff OF $3.50, was
reversed and cause. remanded; Slack,
justice.
Wilfred s. Marie vs. f. o. Wells, Or
leans county, opinion by Judge Moulton,
in which there was verdict in the low
or court for ss04. The case grew out Of
alleged Misrepresentation in the sale
OF farm. Judgment was affirmed.
William G.. Moore VS.. Grand Trunk
railway in Essex county, negligence for
personal injuries on the part Of defend
ant at Island Pond July l3, 1917 A
verdict of 5000 was given the plaintiff
in the lower court Judgment was af
firmed Justice Watson read the opinion.
John L. Spaulding, administrator, VS..
the Mutual Life Insurance Co, of New
York, in Washington county, judgment
for the plaintiff for ST, $50 was reversed
and Judgment for the defendant to re-
cover $4s9s4 and costs.
In regard to the will of William CHS
holm in Bennington county, Judgment
was affirmed and it will be certified to
probate court in that district.
D. J. Grapes vs.. c. f. Willoughby and
trustee in Caledonia county, judgment
affirmed.
Farmers exchange vs.. Walter NJ. Low
ney Co. and others, Judgment reversed
and cause remanded. In the lower
court the plaintiff received verdict OF
81, ,44s.
Town of Waterbury VS.. Central Yer
mont railway, order affirmed and cause
remanded for such proceedings as may
be required, if not inconsistent with
views expressed in this opinion.
In regard to the estate of Charles
Hayward in Addison county, judgment
affirmed and ordered certified back to
that district.
L. H. Mason vs.. George Sault in
Orange county, Judgment affirmed. The
lower court gave Mason sos damages,
Anna Niebyski VS.. Thomas Welcome,
Windham county, judgment reversed and
cause remanded. The lower court gave
the plaintiff verdict of $4,000 damages.
Ettienna Latulip vs.. city of Burling-
ton, Chittenden county, judgment af-
firmed. The lower court gave judgment
for the defendant.
James A. Mcnamara Of Fair Haven
was admitted to the bar. He has spent
10 months in the army,
One decision was handed down this
morning Ii was in the Windham coun'
ty case of the Cutler company vs.. H. G,
Barber. The decision read as follows:
"The decree is altered so as to read as
follows-It is adiudged and decreed that
the division line between the land of the
plaintiff and that part of the defendants
land known as the Judge lot, is two feet
east of the easterly face of the founda-
tion wall of the plaintiffs building. Bill
dismissed with costs to the defendant.
and being so altered, the decree is af-
! frmed and cause remanded, The altera-
tion eliminates the element of easement
from the decree and substantially
changes the location of the division line
from the location fixed by the decree Of
the lower, all in the plaintiffs favor,
| therefore let il recover its costs in
| this court"
Following this decision, the argument
of cases commenced and the first one
argued was Anna G. Dyer VS.. Charles II
Lalor ct al. This is breach of promise
case in which the two banks in Rutland
were trusted. A verdict in the lower
court was for the plaintiff to recover
S25,000 damages from the defendant
This case was followed by the next one
in the same court, namely, Margaret
Eddy VS.. Abraham and Edward Lloyd
tort, relative to an automobile, in which
the plaintiff received a verdict of $500 in
the lower court.