The Barre daily times. (Barre, Vt.) 1897-1959, 1922-06-17
SENTENCED
FOR BURGLARY
Harry Osgood Of East Ran
dolph Given Two and
One-half Years
ARTHUR TAYLOR
FORGED CHECKS
Walter Birmingham Sem
fenced in Orange County
Court for Adultery

4 Ntth VI oioHSt NvhhNy 'ff''' = 49, Z ~
flowing cases were disposed Of as fol-
! lows: Josie NJ. Carncs vs.. Charles A..
! Luce & Tr. This was M action in
contract in which the plaintiff declared
and sought to recover on note held
bv her which was signed by the de-
! PENDANT. and while the defendant did
not defend on the ground that he was
not liable on the note, his claim was
| that he had made several payments on
! said note which the plaintiff had never
endorsed on the note, and while the
plaintiff did not deny that on divers
occasions the defendant had paid her
money, she claimed that the inones 50
paid by the defendant was il, liquida-
ton Of some other Obligations and
should not have been applied on the
note.
The jury found that although no in
terest had ever been paid on the note
which was by its TERMS an interest
bearing note, the plaintld was entitled
| to recover the face of the note and r11l-
dered their verdict TO tha. effect. to
which verdict the defendant had excep-
| tions noted and filed 4 motion to set
aside the verdict. Attorney !. Ward
Carver Of Barre appeared for the plain
till and the defendant was represented
lby Attorneys Millward {. Taft and Hale
H. Darling.
Following this case the case Of Abe
Jacobs of Corinth VS.. the Loyal Pro.
teetive Insurance company of Boston
was taken up. In this ease The plaintiff.
sought to recover $40 per Week for z
weeks OF invalidism following an in
jury sustained by him and for which he
commended the insurance company Wa
| liable under the terms of its policy held
by him. The evidence tandec to show
| that the injury sustained by tho plain
| tiff was received as the result Of an al
tercation between the plaintiff and
Young man by the name ~ Alex from
bly, of Washington, in winch eonpli
mentary remarks passed between them
10 such an extent that the plaintiff or
dered Trombly 10 leave his the plain
ltifT's. premises. and Trpmbsy. rcfus-
i ing to comply with sucl request, The
plaintiff banged Trofably owes he head
with broom. after which Trombly
crappled the plaintiff and threw him to
the floor, landing top Of him, which re-
suited in the fracture Of the plaintiffs
collarbone
There was very little in dispute in
the way of testimony, bu; the defend
ant sought 10 defend on the ground
that the policy especially stipulated
and provided that indemnity sltonld
not be paid for injuries received or re.
sulting from fight in which the pol
icyholder participated and in his in
stance especially claimed there was alb
solutely no liability on the part of the
company since the plaintiff preeipitat
ed the fight by reason of having s'ruek
the first blow The jury found and re-
turned agreeable to the contention OF
the plaintiff. fixing the deicndant's Ia
bility at $50 per week for the full p
weeks. or lump sum II $40 Ator
news Hugh w. Hastings and Hale X.
Darling appeared for The plaintiff and
Attorney Edward VI. Deavitt OF Mont
pelier appeared for the defendant com
pany.
No other civil case being ready for
trial BY reason of attorneys in the next
case being engaged in trial werk in
Caledonia and Windsor counties. the
following state eases we're taken up;
State vs. Harry Osgood Of East Ran
doIph. who was charged with burglary
in the day time On bring arra.gned
the respondent entered plea If not
guilty and Attorney Lyle r. ISstkwlth
was appointed and assigned By the
court to defend the respondent. After
n griling consultation by Attorney
Beckwith with his client. the latter
concluded that he had possibly miscon
strued the proper Interpretation Of the
law relative to the rights Of Others to
hold. and enjoy property. and came TO
the further conclusion that under his
misguided notion. he had fractured the
law and on the following day. through
his attorney asked leave Of the court
to withdraw his plea Of not guilty and
enter a plea more IN keeping with the
real facts in the case as alleged and
portrayed in the prosecuting officers
information and consequently "vas per
mitted TO withdraw his former plea
and enter plea of guilty. and upon
such plea he was sentenced 70 hard Ia
Dor in the state prison at Windsor for
term of not less than two and one
half years nor more than six wears.
In State vs.. Arthur Taylor of Wash
ington, whom the states attorney in
formed against, charging him With
forgery. which consisted of his torg-
ing hia employers checks TO the
amount Of about 500. the respondent
checrfully entered plea Of guilty and
was sentenced TO states prison for a
term Of not less than three and one
half nor more than six years. Attorney
Lyle r Beckwith appeared for the re
spondent.
In the case Of State vs.. Walter
Birmingham. who wac charged With
\ the crime Of adultery. the respondent
entered = plea Of guilty and was sen.
tenccd 10 states prison for , term Of
not loss than six months nor more
than two years. Execution If sentence
was STAYED and the respondent placed
on probation until further order Of
court. The respondent wa represented
BIZ Attorney Hale X Darling.
No other eases being ready for trial
this week. the court recessed on Thurs
dav evening until Monday. june -. at
, O'Clock D. m. when IL j. expected that
She ease 81 = :. Hall v. Ernest T.
FLETCHER all b taken up.