The Barre daily times. (Barre, Vt.) 1897-1959, 1922-06-26
JURY SAY GUILTY IN
BERLIN POND CASE
P. Hall Fined 500 With Costs Of ss2.2s
for Fishing in Pond Which Is Mont
peliers Source Of Water Supply.

After celebrating about % minutes
Saturday afternoon, jury in Montpel-
Ter city court found Perley Hall oil
Berlin guilty Of violating an order Of
the state board Of health by fishing in
Berlin pond, which is the source Of
Montpeliers water supply. Hall was
sentenced by Judge r. L. Laird to pay
a fine Of 500 and costs, which were
taxed at ss2.23. Frank Barney Of Ber-
| lin furnished bail in the sum Of $500,
pending disposition of the case in Ver-
mont supreme court.
Whether the seven or eight other
men arrested at the same time as Hall
last summer, for the same offensc. will
be brought into court is not known. as
States Attorney Charles B. Adams
would make no statement on. Saturday.
II seems probable that action against
any of the other fishermen would
await the supreme courts decision. The
next meeting Of the court il the first
Tuesday in October.
The decision of the case is important
TO good many property owners about
the pond and its tributaries, as, sc-
cording TO testimony in the case. the
pond has been used bv campers for
boating TO the village al the end Of
the pond. and without the possibility
Of boating the value of the camp prop.
erty might decrease. Fishing on the
pond has also been an attraction 10 a
large number Of persons, according 10
the testimony given by Angus Mcneil,
acting as watchman for Montpelier.
In his charge. Judge Laird narrowed
the case down to the question Of
whether Hall violated the order or not,
p,<tic-ly ruling out Mr.. Carver's con
tentions that the pond has long been
used a. a highway, and that the order
was not legal
Testifying on Saturday. Clark Stew
art of Berlin, who cold summer resort
on the pond TO kind Of corporal tion"
IN Montpelier. testified 10 renting boats
fcr use on the pond and 10 seeing boats
in varying numbers on the pond, which
is the source Of Montpelier's waters sup
ply.
Il appeared from his testimony that
the pond has been used for transport.
ing coal and wood. as former testimony
had brought out its use for travel be
tween farms and camps and the viii
lage at one end Of the pond.
An interesting historical item came
10 light when Mr.. Stewart testified
that about 25 years ago and previous
to that time. boats propelled by mo-
tors. were plying on the pond One Of
these steamers would carry 30 or IS
people. Mr.. Stewart also testified that
the pond would float an ocean steam
Pr. this testimony seeming to apply TO I
the boat ability Of the water which 1
has come into the case.
l. A. Kelty Of Montpelier testified |
10 seeing boats on the pond.
Ofhcer Frank Baldwin Of Montpelier. !.
who made the arrest. and Officer Ed
ward sloan also testified.
BY agreement between States Attor-
ney Adams and Messrs Carver and Da
ris. the case was submitted without /
argument. Judge Laird. in his charge.
read the statute in regard 10 the post
ng Of prohibitorv notices of this kind 4
md instructed the jury that the max
ng cf an affidavit regarding the .irne
md place 81 posting had no material
bearing N this case. Counsel for Hall
ook exceptions 10 the charge The
pry received the csse about s.so and
retired 20 the city council chamber TO
deliberate.