The Barre daily times. (Barre, Vt.) 1897-1959, 1920-10-05
NO HEARING
IN LONG CASE
AS Exceptions In the Muir
der Trial Have Not
Been Completed
NEW TRIAL ASKED
IN GRAHAM CASE
On the Ground That One of
the Jurors Was Dis
qualified

Supreme court convened this morn.
| ing at 10 O'Clock with the full bench
| present. Prayer was offered by Rev
| w. s. Nichols, The proclamation open
| ing the court was read by Deputy Sher-
III II. {. Lawson. The calling of the
docket followed
Bennington county-There are no
hearings. In tho case of the State of
Vermont VS.. Eugene Sargood, for as
sault, fine has been paid and there will
be motion made to dismiss the case
In the case of the State of Vermont
vs.. Byron Pettibone, for murder, there
will be no hearing A motion will be
argued to dismiss the case. The man,
now in Windsor, will very likely be
brought here for sentence.
Washington county--A petition for
new trial will be argued in the case
of the State VS. Horace F. Graham as
shown by the motion filed to-day in
court In the case of the State vs.
George Long, convicted of numbering
Mrs. Lucina Broadwell in Barre, the
case has been continued as the excep-
tions have not been completed In
the State VS.. Tony Guerra. for illegal
selling of intoxicating liquors, a MO
tion was made for Judgment affirmed.
as Guerra has served the majority of
the sentence at states prison, Windsor.
Chittenden county--Labarge vs.
Ieddy is in process of settlement.
Judge Charles H. Darling asked that
the Wells will case be argued next
week and also the two st. AIbans tax
cases as the attorneys in these cases
60 to other cases in Franklin county
the latter part of next week.
Caledonia eounty--,Iudge Stanley c.
Wilson has been designated to sit with
the court in the seven Williams Mfg
Co. cases against several insurance com
panies because Judge Slack is disqual.
flied.
Lamoille county-The case of Duker
VS.. Burlington Traction Co, which has
been on the docket since 1914, has been
settled. The lower courts gave Duker
a verdict Of Sl.54l.
Windsor county--A motion will be
filed in the case of Petraska VS.. Ma
tional Acme Co. appealing from the
commissioner of industries, setting
forth that the case ID not within the
courts jurisdiction.
In the reading of opinions the fol- |
lowing were given this forenoon: Ben
nington county; Wall. executor. VS. |
Hurley's, Judgment reversed and cause
remanded; National Metal Edge Box
Co. vs.. Town of Readsboro, claim
for refund of Illegal tax. judgment
In the lower court the plain. |
tiff In the latter case won a verdict
Of $6l7.
Chittenden county: William B.
Clarke VS.. Travellers Insurance Co,
judgment of $4,3ss for the plaintiff
for the loss of one foot, affirmed.
Rutland county: Anthony McDon-
ough ct al We. Samuel +. Hanger ct al.
judgment of the lower court for the
plaintiff TO recover s9s4, was reversed.
The Graham Case.
The motion for q new trial in the
,ase of State vs.. Graham is based on
The ground that Juryman Jerome A.
Stone of Sorthfield, who stated in his
that he had not formed
,r expressed an opinion as to Mr.. Ora.
iam's guilt or innocence, did in fact
ah hHAnAeM Al ANA0 anu dAAAu
n 1919 and, therefore, was disqualified
o sit as a juror.
Affidavits of three persons will be
lied in support of the motion, each Of
he three persons svowing that he
ieard Juryman Stone say before the
rial that Mr.. Graham "was a damned |
hief" and ought to be put in Jail as
he same as anv other thief. II is 4
laimd that because he entertained !
uch an opinion. Juryman Stone was !
lot able 10 give the respondent a fair
rial
An auditors report showed that Mr..
;rsham was short about $4,000 in his
ecounts as state auditor, and the re.
pondent was convicted of Sc counts
n an Indictment for grand larceny.
he case went TO the supreme court on
xceptions.