Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-11-18
PRISON SENTENCE
FOR DRUNKEN DRIVER
Henry Hale. Soldier from the
Post, Going TO House of Cor
rection, Besides Paying Stiff
Fine, for Operating an Auto.
mobile While Intoxicated

mobile While Intoxicated
Henry l.. Hale, the soldier who was
driving the Cole automobile i'm company
with Fred Murphy of this city, when the
car struck the wagon of Fred Abair on
the road between Winooski and Fort
Ethan Allen n week ago last Saturday
night, was sentenced by Judge Fred NJ.
Butler in county court yesterday after
noon TO confinement in the House of Cor
rectlon at Windsor for not less tina five
months. nor more than one year, and to
pay a fine Of 500 and costs for driving
an automobile while under the influence
of intoxicating liquor.
Hale was brought into court Yesterday
morning. when the charge AGAINST him
was read, Attorney NJ. G. Leary. who,
with Attorney Charles +. Black. repre-
scented the respondent, asked that Hale
might be allowed to enter o plea of
"nolo contendere,' which means thai the
respondent offers no defense in the case.
his plea IL practically equivalent to a
plea of guilty and is so entered upon
the books Of the court, although 1t does
not commit the respondent to anything
should the matter be taken up against
him later in another court or on other
grounds.
After hearing statements Of the coun-
sci for the respondent and by Attor-
ocy General Frank c. Archibald. who,
with states Attorney Allen Martin. APP
ieared for the state, Judge Butler re-
served decision upon the allowance Of
Wis plen until he had had time to con-
gi1ar the matter. When the court came
IN yesterday afternoon. and just before
tAa roc nv, -.- =,
Butler said that the plea of 'nolo con-
tendere' was not generally recognized
In the courts of Vermont. except in
special cases. The acceptance Of such a
plea, however. was left to the discretion
of the court and. taking into considera-
ton the fact that the res pendent was a
soldier and would have to come before
a military tribunal later. in all probable
ity. the judge said he would allow tho
plea of "nolo contendere." il the re-
spondent desired to enter that plea. The
plea was so entered.
Attorneys Leary and Black sough, to
secure a fine, without a sentence to serve
time. In their pleas. they called attention
to the good army record of the respond
ent who has been in tha service about
four years. having served during the
World War in England and France. The
first discharge OF the respondent. Sc
cured at the end of his three-year serv-
ice period. gives him q clean record. and
it was stated that he had never before
been brought under the civil law for any
misdemeanor and had never been in the
guard house. lie had risen from the rank
of private to that Of sergeant during his
time in the service, and II was his ambi-
ton to become an officer. his attorneys
said. II he received a sentence which
included n term of confinement, it was
said. IT would seriously injure his
chances In the army and might mean his
~dishonorahle discharge and consequen,
loss Of citizenship. As he is only "a years
of age and we'll fitted for GOO service
to his country. his attorneys argued that
1t would be a mistake to spoil his chances
If realizing his ambition to become a
commissioned officer.
1t was argued, also, by the attorneys
for the respondent. that the facts in the
case showed that Hale did not deliber
ately get intoxicated, knowing that he
was going TO drive the car. II was not
his car, and he was riding with anothe,
party. But when this other party NIur,
0hy) became too intoxicated to properl,
handle the machine. Hale took charge
because he thought he was in better con.
dition to drive than was Murphy.
In reulr 70 .h"~" "--~,,reuts and 70,
" State. Attorney General Archibal,
Tor a sentence including q term of con
flnement in the House of Correction anc
n fine large enough TO nay for the cost,
II prosecution. They thought that only
n sentence of conf ement would serve
tho purpose to adequately punish ar
offence of this kind and protect the pub
lie welfare against those who attempted
70 drive motor vehicles while intoxicated
They pointed out the undisputable ew
dence OF the crime, the fact that III,
, team which was struck was almost on
of the road on It's own side. so that ther,
, was no excuse for it being struck. TIL,
|, states attorney reviewed the facts in tn,
| case as they have come to light, which
, he said, showed beyond n doubt that tn,
, respondent was Intoxicated. The attorne,
., general called attention to the fact tina
this proof of intoxication while drivin.
an was alone enough to con
stitute n crime, even though the acct
lent had not occurred. He thought tina
the welfare OF the public demanded tina
the sentence should include a term o
confinement
9 In pronouncing sentence upon Hale
|, Judge Butler said it was a most unfor
tunate affair, a serious matter both 70
tne r~eSpOnuent ana TOR the state, FOR !
was upon the soldiers Of the country tina
y the State depended to enforce the law
> and a soldier should be an example t
= the community. The fact that this trou
), BILE had been brought about through in
. diligence in intoxicating LIQUOR, which tn
= respondent took Of his own free will, I'm
q tensified rather than mitigsted the seri
:, BUSINESS of the affair. The laws OF tn
= State and the public safety and welfar
g demanded, said Judge Butler, that a sen
= tence Of confinement be imposed upo
q tho respondent.
= The jury was on hand yesterday morn
!, ing, as it was expected that this cas-
r would go to a jury trial, but since 1t di
. not. the jurymen were again excuse
. until this morning at nine O'Clock, whe
=, II is expected a jury case will be read,
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