Middlebury register. (Middlebury, Vt.) 1886-1937, 1921-04-08
PRISON AND COSTS
WHEN ALIBI FAILS
AnniS Brothers Sentenced for Burg
larry of Ham and Oats

After three days of a special session
of County Court, Frank and James
Annis of Monkton were found guilty
OF burglary of a ham and Is bushels
of oats from Rex Meader, also oi
Monkton, and were sentenced to hard
labor. Judge Fred NJ Butler, in pro-
nouncing sentence, took into considera-
tion their youth and imposed a mini
mum Of two years in state prison and
the payment of the costs of the trial.
The defendants had been arrested on
December 20 in company with Wallace
Perham of Monkton on the charge of
stealing wheat, oats, tools and fresh
ham. When arraigned in Municipal
Court only Perham pleaded guilty
He was sent to Windsor for a year
and fined 800 with costs of S17.75 The
Annis brothers protested their inno-
cence before Judge A. w. Dickens and
were held under $1,000 bonds for coun-
tv court
The young men were unable to OBJ
tain bail and remained in the jail on
Court street pending the opportunity
of trial When the case was moved for
trial by the higher court Tuesday
morning the defense was fabricated
around an alibi The respondents had
not been with Perham at the time of
the theft but were in Vergennes with
their sister they testified Six wit
nesses endeavGted to support their
contention of absence from the scene
Of the burglary and seemed to tell a
straight story On Thursday morn,
ing, however, the respondents collap-
sed under cross examination and ad-
mitted having perjured themselves in
previous testimony.
The case was given to the jury at
II o'clock Thursday morning. 1t was
not until 1870 that they returned with
their verdict of guilty The issue in
court had been the participation of
Frank Annis in the burglary. His
brothers defense was bound up in the
same trial however James counsel
advised him after the verdict to plead
guilty to completely with Frank. When
the court inquired his plea he replied
"I plead guilty to holdirG the horse in
the road" The judge explained that
if he meant that he was thereby a
partner in the crime he ought to plead
guilty or else not guilty. He correct
ed his plea accordingly On the stand
the preceding afternoon he had proven
an interesting witness, from the view
point OF the spectators, when upper
turbed by the barring of his past life
with a record of a prison sentence in
New York state, he. had a reply imme-
diatelv ready for the grilling ques-
tions of the prosecuting attorney. At
that time he had maintained steadfast-
ly that after splitting wood all day OF
the night of the alleged crime, he had
walked to Vergennes, nine miles from
the Meader place When in the prls-
oners pen ne admitted holding the
horses while his brother and Perham
broke into the storehouse for the grain,
the gallery laughed at the GOODNESS with
which he expressed the self-contradic
ton and later when he asked the
court to make the sentence as light as
possible.
In addition to the two years OF the
prison sentence. with a miximum of
of their trial The expense of the spe-
cial session will amount to more than
$500
James Donoway and Wayne c. Bos
worth were the attorneys for the de-
PENDANTS. States Attorney George W.
StOpa rrOcaCutad