Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-10-09
KElS|E TO Be ElECTROCu1ED
Supreme Court Finds no Error In Trial
Of Orleans Man Found Guilty q
Numbering AGED Man

Montpelier. Oct. T-Probably the most
important decision handed down by the
Supreme Court to-day was that In the
case of state VS.. Bert f. Kelsie of
Orleans. This was submitted last May on
briefs by the attorneys. Kelsie was found
guilty of numbering James Allen, age 10.
at Orleans December g. 1915 The decision
of the Supreme Court, 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 II he had anything
to say replied, II don't know as / have"
He stood rather unsteady and replied
Yes SIR when Justice Powers pro-
nounced that part of the sentence in
which stated he was convicted Of murder
in the first degree. The testimony of Dr.
James c. O'Neil of the State hospital in
county court showed Kelsie. who Ia "a
years old, to have the mind Of a child
but that he knew right from wrong.
Sheriff Everett Hill of Orleans had the
man i'm charge and left the court room
few minutes after sentence was i'm
posed This is the fourth time that Sheriff
Hill has taken the man to a penal in
stitution. Twice to the State prison and
once to the House of Correction before
this time
Another State case decided was that Of
State VS.. Ruth Elliot. furnishing intoxicat-
ing liquor, Judgment. motion sustained
and respondent discharged.
Other cases decided were in regard to
the will Of William A. Lawrence Alma
Whalley ct al. and Arthur O'Brien apt,
two cases from Addison county involving
ntnta
California. Judgment reversed and iudg.
ment for appellees affirming the judg-
ment of the probate court for the dis
trict Of New Haven to be certified back
to that court. Opinion by Justice Miles.
w Fl. Hobbs & Son VS.. Grand Trunk
railway, in Essex county, in which the
judgment for the plaintiff of Ses WAS
reversed and cause remanded. Slack,
justice.
Wilfred ST. Marie VS.. E. o. Wells.
Orleans county opinion by Judge Moul-
ton. in which there was verdict In
the lower court for $S0i. The case grew
out Of alleged Misrepresentation in the
sale of farm. Judgment was affirmed.
William G. Moore VS.. Grand Trunk rail-.
way In Essex county. negligence, for
personal injuries. on part OF defendant
at Island Pond July 3D. 1917. A verdict
of 5000 was given the plaintiff In the
lower court Judgment was affirmed,
Justice Watson reading the opinion.
John l.. Spaulding adm, vs.. the Mutual
Life Insurance Of New York, Washington
county; judgment for the plaintiff for
$5l5 was reversed and judgment for the
defendant to recover $4ss.s4 and costs.
In the case Of the will Of William CHS
holm In Bennington county Judgment
was affirmed. and il Will be certified to
probate court in that district.
d, /, Grapes VS., C. E. Wiiloughby and
trustee, Caledonia county, Judgment az
firmed.
Farmers Exchange vs.. Walter NJ. Low
ney Co. and others, judgment reversed and
cause remanded. In the lower court the
plaintiff received a verdict of $2.44S.
Town of Waterbury VS.. Central Yer
mont railway, order affirmed and cause
remanded for such further proceedings
as may be required If not inconsistent with
views expressed in the opinion.
In the estate OF Charles Hayward. Addi-
son county; judgment affirmed and or
Tered certified back to that district.
+. H. Mason VIZ. George Sault in Orange
county, judgment affirmed. The lower
court gave Mason sos damages
Anna Niebyski va. Thomas Welcome,
Windham county. judgment reversed and
cause remanded. The lower court gave
the plaintiff verdict Of S4,70O damages.
Etienne Latulip VS.. City Of Burlington.
Chittenden county, judgment affirmed.
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.