Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-10-07
SUSTA|NS VERDICT
IN WILLIAMS CASE
Supreme Court Upholds Convic-
tior for Malfeasarce in
Office

Montpelier, Oct. s-.Twenty-eieht case
were removed from the Supreme Cour
docket al The first days session OF TIL
october term of court which convened
'his morning. One was tho case Of stat
IS. Frank G. Williams. malfeasance II
office. Justice L. r. Slack in reading tn
lengthy opinion stated Judgment was tina
there was NO error in the proceeding
below thai the respondent takes nothin,
ny his exceptions. "Iet execution b,
3one"
In the loEer court Mr. Williams wa.
fined $500 and costs having been found
guilty of tho ofensoe with which he II
charged
Thsre was n larger atteuderSe IN vour
ms afternoon than usual. In sorie wa,
There seemed 20 he a feeling that the opin
ION was TO he read. l. was the FIRST on'
OF the afternoon and Justice Slack ir
writing the opinion went into detail upor
the 30 cdA exceptions tina, the defendan
took 10 the admission nj evidence. or tn,
refusal Of the court 20 allow certain evi
dence tn be admitted as The case nigh
ne
He gave a hiAiorY OF tue case and r7ilec
that the statute rf limitation aid no: AZ.
ply. therefore evidence showing shortagc
before that the was admissible. He
defined closely the difference between vii
ful neglect and common ueglert and ven
on 20 show that aftet the matter
vas called to the bank commits
sioners attention in 1913. that there
should have been no neglect in tbs
aToi- Of the comriss oner lie took ur
he testimony OF the different Witnesses
sh5w,ne their bearing Coon the evidence
az introduced in tie case. saying that
m, evidence was a',missable tina, the
hooks ueed hv Mr. Pratt wee memo.
randa ard that they could ha uscd "a
refresh his memory. that She reports
we're GOOD evidence because they were
Vermont pubic documents; tnat when
certain outstanding orders we're called
to his attention !; became his duty 70
Investigate and ii was one Of his duties
10 make a true report IF conditions and
that an honest report should I've made by
him Of the condition of the accounts in
the office
Other opinions read were:
Remington county--.lohn Watson VS..
F. NJ Payne. judgment affirmed. the
plaintiff received sl575 damages in the
lower court: state VS. Eugene Sarsood
assault. exceptions waived and judgment
affirmed State vs.. Byron Pettihoue. ex-
ceptions waived. judgment that no error
occurred in the PROCEEDINGS below, that
the respondent takes nothing by his ex-
ceptions.
Chittenden county-iohr W. Wright
We. Fachque Guilmette. judgment re-
versed and cause remanded
Essex countN--Joseph Coupled va.
Grand Trunk Railway company. iudg-
ment reversed. The lower court ordered
verdict for the defendant. Marshal
Brothers vs.. Canaan. exceptions dis
missed
Franklin county-r'red lombard vs.
Park Newton Judgment affirmed.
Orange county--Rose May Daley VS..
Alden Bond. bastardy, Judgment affirmed.
Petition for new trial dismissed with
costs. State VS. Ward Prouty. breach
OF peace. involving affair with his
mother-in-law judgment that no error
occurred in the proceedings below and
that the respondent takes nothing by his
exceptions.
Rutland county-Iames Greene vs
Arthur Helm ct AL. decree affirmed
The lower courts decision was for the
defendant over a right of way. The
plaintiff is now deceased Rutland Rail-
way, Light < Power Co. VS.. w F.
Burdtt, et al. Judgment affirmed. The
lower court gave the plaintiff s44 65 iudg-
ment
Windham county-C. r. Underwood VS..
:. !. Cray. petition for new trial dis
missed. with costs to petitionee. In
Cray vs.. Underwood, the same entry
was given. which removes from that
county all the cases.
Windsor county-Inez Norton We. p. w.
Green. decree affirmed and remanded.
Margle Gates. claimant. VS.. A. G. Dewey
ri al. award Of judgment affirmed with
costs. results TO he certified to commits
sioner Of industries. Chester Sargent
VS.. Frank Shepard, judgment affirmed
Washington county-Russell e. Holton
VS.. F, V. Hssson. decree affirmed, cause
remanded, A. A. Bianchi VS.. G. +. Mil
lar, judgment affirmed. Robert Stewart
VS.. Barre & Montpelier Traction Co.
Judgment affirmed. The lower court gave
$500 verdict Matt Page vs. T. II.
Cave, Jr., adm, decree affirmed and
cause remanded. Il. G. Hayden vs..
NJ A. Hoadley, ct al. judgment reversed
cause remanded TO Montpelier City Court
Cabrot VS.. ST. Johnsburg, judgment af-
hrmed for defendant. H. f.. Hawkins
VS.. II. c, Wilson. an interstate CON-
nerce case. Judgment reversed and judg-
ment for defendant 90 recover its costs.
The petition for a new trial upon the
grounds set forth in the Tuesdays issue
OF the paper in the Fl F. Graham case
was not presented The case % State vs.
Tanner from Franklin county was en-
tered or the on the docket. State vs..
George Long murder case was continued.
4 motion for Judgment affirmed In State
TnheV (tnny.1 =
served q majority Of his time in States
prison for Illegal keeping of intoxica ting
Liquor.
The case IF Is i. Buker VS.. the Bur.
ington Traction com any which mas been
the only case If the Lamoille company
docket for a couple Of years, on the
'k"t for IL years, vas entered az settled
"rd discontinued, as was the case of NORM
vs.. Morrill, in Windsor county.
Thore vas some discussion over tie
Aanie Ancsir 20 Fred Busl;v case In
CSittenden county. 7. 4, Enright wanting
The case dismissed and gave rsss,n why
II should be, II is expected the case OF
Labarge vs. Leddy has been settled
There was an effort made to have rhe
Wells case set for argument the hrs, OF
next week because ire attorney. in that
case are inta.eE,ed in the trial Of case
which commences tho middle Of next week
NJ Franklin county. having osth trans
ferred from Grand Isle county. TIE same
pss true of the ct Adams tax case The
peet and Hinsdale cases will be submitted
IN briefs and the ill!son case is act for
hearing, also the Shanley-HuT.ey ease,
Opinions In the morning we = read IN
the following cases. Bennington county,
National Metal Edge Box company OF
Philadelphia IS. town ~ Read shore.
Judgment affirmed. The lower court gave
the plaintiff s617 for error IN collection Of