Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-12-16
FOUND GUILTY 0 n
MILK WATERING CHARGE
Jury Brings in Verdict Against
WillistOn Man, Following
Judges Charge That EN-
plOyer Is Liable for Violation
of Police Regulation by an
Employe


Saturday In the city court. with Judge
j. p. Ladd presiding, and a verdict was
returned by the jury OF e Lllty." Field
was fined 500 and costs. Attorney Mar
tin s. Villas for the respondent stated
that the case would be taken to the
Supreme Court. The case was previous
ly tried December and the jury dis
agreed.
The State presented the evidence It
had in the previous trial. The only
evidence of the State was that three
samples of milk taken from cans point
ed out as the milk of Mr.. Field en-
November 4, November 6 and Novem-
Der by analysis at the State Labor
atory Chemist Moat were found to con-
tain added water in the amount Of APP
proximately one-third The evidence of
Mr. and Mrs. Bigworfe, who were en-
ployes of Mr.. Field on his farm in WILL
liston. was to the effect that Mr.. Big
worfe did the milking at the Field
farm on these dates and placed the
milk on the milk stand In the high
way in front of the house on the Field
farm and that Mr.. Field did not go to
the barn on any Of these dates that
anyone knew OF until after the milk
had been carried away by julius Muir
ray a neiehbor. who carried the milk
to the creamery of Soule e. White with
his own and with the milk Of Mr.. Bis
son, who also was found by analysis
to have added water in his milk on
the dates named. Mr.. and Mrs. Big
worfe testified that when the milk
left the Field farm on the dates nam
ed 1t was pure and of high quality
as far they knew. Mr.. Field cor
roborated, the testimony of Mr.. and
Mrs. Bigworfe and stated that his milk
never had been tempered with on his
farm Mr.. Murray pleaded guilty on
November 26 in city court to watering
his milk and paid q fine of 800 and
costs.
Mr.. and Mrs Bison gave evidence that
Mr.. Murray was active In trying to get
Bison to plead guilty TO watering his
milk. and the States evidence showed
that Murray was requested by Sheriff
James II. Allen to stop and see Bison
and to notify him to come to Burlington
in order to settle the case. Mr. and
Mrs. Blssons evidence also tended to
show that Murray's actions when he
stopped to get their milk left in the
spring house might indicate that he was
taking some Of their milk and The milk
Of Field. and putting water into It.
Franz Yantz testified to see'v.x Murray
taking milk from some cans on his truck
and putting 1t into Others wher he had
his own milk. the milk Of B!ssG n and the
milk Of Field on the truck, some time
last May.
/ Judge Ladd. in charging The Jury, said.
in part: THE General Asse~h'y Of YER
mont has enacted a statute providing that
a person shall not SELL furnish or have
in his possession with intent 20 sell or
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e. aa.a ~ ',ne., ~ |oie li'e On
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.ostieoa r.,mo o., WHO mas
~ "'"o as o'ipoSe vi agent
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wne'nei OF not MI Murray was
~ .ne "nipioy Vi ,he respondent IN the
'ii'eN Vi tn' n''N' ana IN 'his connec-
w" u,e "purt says mat IL Is not neces-
SdrF 'hat ne be IN the employ or the re-
Spoiiuehi ior any other purpose than for
| me oeiVery OF the milk IN question.
An employer Is liable for the violation
| OF ponce regulation, like the one In
Which the complaint and warrant in this
case is brought by an employer. where
| the employe. although without specific
| instructions. is acting at the time within
| the scope or his employment (Corpus
| Juris Note in Vol. 16, page 1913: Wha,-
toms Criminal Law, Vol. l, page ga, 18th
edition.
| "If you find that Mr.. MURRAY who mas
testified in this case. was acting az am
ploye or agent OF the resnondant ora 4,
YOU And that he diluted the milk IN ,ua,-
ton while acting os such emn,ova ,na
! agent then tho reqno,dent "a u,h, o.
his acts in tho line 90 ~ ar,a,a,.
and This 10 true though ,ho rosuons..,
ala NOT exnros,I, outhar,, 49, ,u''.,s
and evan thou,h W. a,s - w.,
Murray IN do go "''' '-''