Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-05-06
STATE HAS JURISDICTION
0upreme Court Says Vermont Had Con-
current Jurisdiction Under War
time Prohibition

Montpeler. May 4.--Nermonts supreme
Court. which convened its May term To-
day. handed down an opinion that the
state courts had concurrent Jurisdiction
under the wartime prohibition act OF
Congress. thereby upholding the Vahui-
ty of the action brought against IRONY
Guerra of Waterbury in liquor case
Guerra, who wanted to set out oi '"o
house of correction on habeas corpus
proceedings was ordered renamed
The arguments of the case of state vs.
Frank C. williams. malfeasance III ONCE
will be made but 1t was announced Una.
they would not be made in the case on
state VS.. II. f. Graham because the iran
script of the evidence has not pcen Nnaue.
A similar thing occurs In the case Vi
state VS. George a. Long, who Is con
yicted of numbering Lucinda G. Broad
well.
Guerra. whose wife and six children
were in court. was convicted in Mont
pelier city court last November of il'e-
cal keeping of Intoxicating liquor
and was sentenced to the house OF
correction. Effort to get him out,
claiming that he was illegally prosecu-
ted was made II was adjudgcd that
Guerra was not unlaWfully imprison r.
ed.
Two other decisions were read IN
the morning session. These were IN
Windham county. The case of Alice
piper VS.. the Oakland company or
New Englan and n. L. Mosher' III
which the decision was reversed ana
decision given for the defendant 10
recovere its costs. The other was the
New England Box company vs.. John
e. Tihbets. judgment reversed and
the plaintiff got a verdict of 81 dollar
and costs.
Among the cases finally disposed Of
in the calling of the docket were
Dotte VS.. Dow ct al, Judgment affirm
ed; Irons vs. Irons. same entry All
cases in Chittenden county are set for
hearing excepting wright VS.. Gull
,nette. which has been continued
Arguments were made in the st AL
bans city tax case. in which the Fon-
das and several others are defendants
on which Alexander Dunnctt filed a
motion to expunge proceedings from
the records because Of scandal ous ties.
timony. There Is II companion case
which depends on the decision of thi,
motion. In Washington county nearly
all cases were continued because the
transcript of evidence has been made {
part of the case.
Motions TO affirm the Judgment OF the
lower court in the case Of William Manu-.
featuring company VS.. the Insurance Com
pany of North America and FOR contin
vance were agreed. There are five com
panion cases in Caledonia county that
depend on the result OF this case. In Wind
ham county the entry in Parker VS.. Amer
satisfied as per stipulatio on file.
The following opinions were announced
this afternoon:
Bennington county--G. w Bradley vs.
Amos y. Blandin. Somerset Land com
pany, which has been twice before in SUI
preme Court: judgement reversed ant
cause remanded in the lower court. \
verdict of $685. was given the plaintiff or
a timber sale.
Chittenden county-Enanuel G. Dupre
and Emma Dupret VS.. Frank Chesemorc
Judgment affirmed. In the lower court tn,
defendant obtained judgment. Isaac RIOS
enburg VS.. Louisa Taft OF al. defendan
given 80 DAYS in which to file brief will
court.
Franklin county--George r, Britch vs.
Sheldon, judgment reversed and cause
femanded. The defendant obtained a Yer
dict in the lower court Marvin Smitl
ct al, VS.. Wingate Munsell ct al, the de
cree was too broad and the exceptions
were overruled. When the decree is al
tered to agree with the opinion. then tn
case Is remanded.
Orange county--Carl Bonlbardicr by mex
friend VS.. Alfred Goodrich, Judgment af
firmed. In the lower court the plaintiff
obtained an ss5 verdict.
Rutland county--Ellen Derner vs.. Rut
land Railway Light & Power Co, re
versed and cause remanded. The lowe
court gave a verdict for tho defendant
Winfield Sargent George Donahue
Judgment affirmed The plaintiff obtane
$500 damages in the lower court.
Windham county--Town Of Townshcn
VS.. Estate of VI. G. Howard, iudgmen
affirmed In favor of the defendant.
Windsor county,. NJ. Madden vs.
F G. SpauldinG. Judgment affirmed Th
lower court gave the plaintiff s225
damages, petition for a new trial dis
missed.
Washington county-Charles Barclay W
The Wetmore Il Morse Granite Co, iudg
ment affirmed. In the lower court III
Jury gave the plaintiff a verdict of ST.
on the first trial. The verdict was !
favor Of the plaintiff to recover 500
damages A Bonazz VS.. L. +. Fortney
Judgment reversed and cause remandec
The defendant received verdict in til
lower court. state VS. w. o. Lowe
Judgment was that there was no error {
the proceedings of the court below TIL
Montpelier city court fined him 5000 fo
dsposing of morcaged cattle. State V:
Bribane Palmer. judgment reversed
cause remanded