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3.T.84 THE VERMONT PHXENIX, BRATTLEBOKO, ERIDAY, DECEMBER 6, 1901. IN THE COURTS. Supremo Court Decision in Pep permint Essence Case. i Claim of ErrorsTon Which Reprieve Was Socured for Dohorty, the Bol ton Falls Murderer Executors Sus tained in Caso from Rockingham. The Vermont supreme court has re cently rendered a decision In a novel and Interesting case under the prohib itory law. It was a Franklin county case, tried at the September torm In that county' before Judge Rowell. It has been facetiously known as the "pepper mint essenco case." because the ques tion at issue was whether peppermint essence Is an intoxicating beverage within the meaning of the statute. Judge Rowell refused to order a verdict for the respondent on the ground, as requested by his counsel, that the essence is not Intoxicating, and submitted the question to the Jury whether the respondent sold it for the purpose of Intox ication. The respondent's counsel ex cepted, and the supremee court's opin ion sustains Judge Rowell's decision. The finding of the court Is, In substance, that If a beverage Is capable of making a man drunk, and Is sold and used for that purpose. It Is an Intoxicating bev erage, within the meaning of tho law. The lino of reasoning by which this de cision is reached is interesting, and is Indicated by these extracts from the opinion: The state's evidence tended to show that the respondent owned or occupied a building In which he kept a general store and a dance hall; that on the evening In question a dance was held and during the evening the respondent's clerk sold one Kettle four or five ounce bottles of peppermint essence from a stock kept in the store, and that the re spondent himself sold him three or four bottles of the essence that evening; that Kettle bought It to drink, did drink It and became Intoxicated. The state con ceded that the article was manufactured and used as a medicine and for culinary purposes. The respondent conceded that It contained fifty per cent or more of alcohol. It also appeared that it was used a!mo3t wholly as a carminative, but that It could be used as a beverage. The respondent moved the court to di rect a verdict that the essence was not an Intoxicating liquor within the probi ty bltlon of the statute, which motion was tljb'enled and the respondent excepted. 'he court submitted the case to the Jury . jflth instructions that If the clerk sold the essence to the respondent, knowing, or acting as a careful and prudent man having reason to know, that he wanted it to drink and not to use as a medicine, and he did use It to drink, the respondent was guilty; and the same Instruction In effect was given in respect to sales by the respondent himself, to which the re spondent excepted. The statute prohibits the sale of "spirituous or Intoxicating liquor, or mixed liquor, of which a part Is spirit uous or intoxicating," so the question Is, whether this essence, manufactured solely for medicinal purposes, yet con taining a sufficient amount of alcohol to produce Intoxication, may, in any cir cumstances, comes within the terms of lthe statue, ffav, It was clearlv the Intention of the lee ".Mature, in enacting the prohibitory law, to prevent the sale of those liquors as a beverage commonly known as and called Intoxicating, and In this case it Is not contended by the state's attorney and was not held by the trial court that this preparation ordinarily falls within this class of beverages so that Its sale Is un lawful. Though this and many other articles made for medicinal, culinary and other purposes contain a large per cent of alcohol, they arc not made for bev erages and fortunately are not often used as such. Their sale for the purpose for which they were manufactured is legiti mate, while the sale of whiskey, gin, brandy and all other Intoxicating liquors Is unlawful. But when one of these prep aratlons Is sold for the purpose of lntox lcatlon, or the seller has reasonable cause to believe It Is obtained for that purpose, the question Is whether the sale Is not In contravention of the statute; whether the parties by their voluntary act do not take the preparation out ot its legitimate use and place It In the'lisl of Intoxicating liquors. The purpose of the statute Is, by pho hlbltlng the sale of Intoxicating liquors, to prevent their use and restrain In temperance, and It Is a reasonabla view that when a medicine, or other prepara tion containing enough alcohol to make a man drunk, Is sold and bought for that purpose it Is. by the act of the parties given a "status" with intoxicating liquors. The respondent's counsel relied mainly upon a decision In a Kansas case, in which the Kansas court held that med lcines, preparations for the toilet and for culinary purposes, etc., prescribed by standard usuage or authority, are with out tho statute, although they contain alcohol, and may produce Intoxication while certain other articles compounded of intoxicating liquors and other lit' gredlents, such as bitters, cordials, etc., not known to standard authorities, may or may not be classed as Intoxicating liquors, and that the question Is one of fact for the Jury to decide. Our court holds, however, that the prl mary question at issue In the Vermont case was not before the Kansas court, and the belief is expressed that "if the case had been that a certain essence, prepared from a formula in the United States dispensary, but containing large per cent of alcohol, had been sold with the seller's knowledge that It was bought for intoxication, and not for its legitimate purpose, we think the same decision would have been arrived at that Is here announced." Other court decisions are quoted, and the opinion then says In conclusion: Is within the reasoning of all these cases to hold, as we do, that, though this essence was manufactured for a lawful purpose, and Its sale as a medicine was not In violation of law, yet, when sold for an intoxicating beverage, containing as it did a large per cent of alcohol. Its sale was, In the circumstances, a viola' tlon of the statute. The action of tho court in denying the motion for a verdict and in submitting the question stated ' In exceptions to the Jury was therefore correct." The execution of Judge Rowell's sentence of the respondent was ordered. ed by Doherty's counsel In their assign ment of errors filed with the clerk of the supreme court Six of these errors re late to the claim Bet forth as to Doherty's Insanity, but tho main point on which his counsel rely In carrying his caso to the United States supremo court Is that our state supreme court, In Its decision announced Nov. 1st, should have fixed tho second date for Doherty's execution at some time after tho session of the legislature of 1902. This claim Is set up under tho Vermont statute which provides that: "No person sentenced to suffer the punishment of death shall be executed previous to tho first day of January next after tho close of the ses sion of the general asssembly next fol lowing such sentence." Doherty, then 23 years old, shot Fred Murphy of Westmorc, threo or four years younger, at Bolton Falls, near Watcrbury, In February, 1899. The mur der was apparently premeditated and done In cold blood. Murphy lingered for six weeks In living death, and wasted literally to a skeleton, before ho died at the Mary Fletcher hospital. On Do herty's trial before Judge Watson at Montpellcr the following September he was found guilty. No plea of Insanity was raised, although Doherty testified In his own behalf and his brother was present throughout the trial. Ills coun sel, Frank Plumley of Northfield and E. H. Deavltt of Montpelter, carried his case to the stato supremo court on ex ceptions, which were overruled, and Chief Judge Taft sentenced Doherty to be hung Feb. 6, 1901. The legislature ot 1900 refused to commute his sentence. A few days before the time fixed for his execution his counsel procured a stay of proceedings on the ground of newly-discovered evidence showing Doherty's In sanity. The petition for a now trial was argued at the last May term, and Nov. 1st, as already said, the court announced its decision denying tho petition for a new trial and fixing Dec. 6 (today) as tho date of Doherty's execution. These are the facts briefly told. It Is not known how soon the case can be reached In tho United States supreme court. Usually It takes two to four years to reach a caso In that court, but it Is customary to advance cases of this kind on the calendar. It Is doubtful If Doherty's counsel have any confidence that tho points raised in regard to his alleged insanity will avail. Their main hope, as said In the beginning, la un doubtedly that tho United States court may say that our state court ought to have fixed the second date of execution at some day after the session of the leg islature of 1902. It Is to be presumed that this point was fully considered by the Judges of our stato supreme court. It it prevails It Is evident that, by means of successive petitions for a new trial, and the consequent postponement of the dates of execution, the enforcement of the death penalty may be delayed In definitely whenever a murderer's counsel choose to avail themselves of such a method ot procedure. How and Why Doherty's Case Goes to the U. 8. Supreme Court. It was briefly stated In a news Item In this paper last week that Charles Do berty, the murderer of Fred Murphy, would not be hung on Dec. 6 as directed by the Vermont supreme court, because his case was to be carried to the United States supreme court on a writ of error. It appears that seven errors are claim- F. W. Pierce of Chester In the Awful Wreck In Seneca, Mich. F. W. Pierce, president of tho Chester savings bank, was a passenger who went through the big railroad wreck at Sen eca, Mich., In which 70 lives were lost Nov. 27. Mr. Pierce, who was returning from a business trip to the northwest. was eating In tho dining car when tho two trains camo together head on. Ho says tho first crash sounded like the re port of a cannon. Ho was thrown vlo- ently against the table. After the first shock camo n crushing, grinding sound, and suddenly tho front of tho dining car was crushed, and Mr. Smith saw a pair of human legs dangling between tho two cars. On escaping from the rear door Mr. Pierce found that tho day coach, containing about thirty passengers, which was between tho dining car and a com bination car next to tho engine, had been telescoped completely, and tho combina tion coach had burst through tho front of the dining car. The legs wero those of the porter who was on the platform ana who was crushed to death. Mr. Pierce found Engineer Parks of the west bound train trying to bind n tourniquet ot willow sticks about his leg, which was badly Injured. Mr. Pierce says: "It was almost lmpos- , slble to see, and the air was full of cries for help from those caught beneath the wreckage, or otherwise Injured. The west-bound coaches, however, soon caught fire, and lighted up the entire countryside. Tho shrieks of thoso who could not escape were soon stilled, and before morning tho burning cars and ; their contents were reduced to ashes." Mr. Plcrco assisted Engineer Parks In various ways, cnrrlcd water to put out a i small fire In the cast-bound train and helped rescue three women nnd ono man t from tho wreckage. He worked with a ' few others until the officials arrived upon 1 tho scene. , An Interesting case has recently been decided relating to tho settlement of estates under the law of lKtG. John I and Joslah B. Dlvoll of Rockingham were the executors of Oscar D. Olcutt's estate of that town. In Its decree for distribu tion, the probate court allowed the widow $2000 and one-half tho remainder of the estate, and also $5u0 as a homestead, The executors thought this decision not In accordance with the law of 1S90, and took an appeal, based solely on the question of the allowance of (500 as a homestead. The county court held that the widow was not entitled to the $000. Exceptions were taken nnd when the case camo before the supreme court It was agreed by counsel that the county court's decree should be affirmed without a hearing, the decision thus being In favor of the claim of the executors. This Is said to bo the first case to come before the court under tho act In question. Relations of National Guard Should Be Clearly Defined. Secretary ot War Root made the follow Ing recommendation In his recent annual report: "Tho present provisions of law relating to the mllltla, and to the raising of vol unteer forces, are quite Imperfect and unsatisfactory. The mllltla law stands today practically as It was enacted In 1792, and Is practically obsolete. It Is very desirable that Congress should now exercise the power conferred upon It by the Constitution to provide for organlz lng, arming and disciplining the mllltla. 'ilie organization and armament of the National Guard of tho several states which are treated as mllltla In the ap propriations made by Congress, should be made the same as those provided by Congress for the regular and volunteer forces. Tho relations of the National Guard organizations to tho national torccs, and the obligations and duties of those organizations In time ot war should be clearly defined, so that the confusion and distress regarding their action which accompanied the outbreak ot the war with Spain may not again occur. "Tho reliance of the country for the large forces necessary In modern warfare must necessarily be chiefly upon volun teers. The method and procedure of rals Ing volunteers forces should be prescribe ed In advance, so that Instead of waiting to devise plans for a volunteer army until the excitement and haste of Impend lng war make perfection of design dim cult and satisfactory execution lmpossl ble. Congress will have but to direct the execution of a well understood plan by officers, each of whom has long been familiar with the part he Is to play. It Is recommended that the National Guard be armed with the small arms of the regular army and treated as a first reserve to be called Into service at times of military necessity or civil disorder. Not a "Rube." North Adams Transcript. No one who knows them at first hand will be apt to say that the Vermonter Is a "Rube" when it comes to business matters, and as for other qualities such a discussion as that now being Indulged in by the papers of Vermont Is evidently merely offering an excuse to say nice things about one's self. Vermonters are perfectly satisfied with themselves. In the gold brick game of life they have held their end up with the rest of the world. When there Is anything they want they usually get It, and get It bon estly In more cases than do the majority of human beings. When there Is any thing U) be said they know how to say It and when they have said it they know enough o stop. And when new Ideas are needed by the city, Vermont usually has one tucked away In the folds of Its mountainous surface, ready to be put on the market at the opportune moment, No, there are no bars to the proper self' esteem of the Green Mountain state. , Terrible. Ludlow Tribune. What d terrible thing It would be If the Honorable Wlllyoum Blowhard Vlall of Randolph) should forget who tho next go vernal- wiu b ceiore tue convention I IN OUR OWN STATE. Spotter Called on Officers for Pro-' tcctlon. i A crowd gathered around tho Junction House at Whlto River Junction Monday evening and threatened violence to S. D. Walte of Cambridge, Mass., an alleged spotter, working through tho county to get evidence against persons for violating tho prohibitory law, gambling and other offenses. Walte was alarmed and tele phoned to Officers Bruce and Davis of Norwich for protection. They camo -on and took him to Woodstock. Consider able exrltemont prevailed. Wnlto is said to have been Informer In several cases whero officers recently raided and made arrests In Windsor county. Col. Kimball's Offer of a Library Ac. cepted. I At tho special town meeting held nt Randolph Saturday to consider the matter of accepting the gift of a ' $10,000 library building from Col. Robert Kimball, and a site on Main street bought by tho village district and offered to the town, a unanimous vole was taken to accept both gifts. There was only good feeling shown among the voters, and gratitude to Col. Kimball, who will probably come to Ran dolph this week with an architect from Lowell, Mass., to begin preparations for the work. Col. Kimball plans to have the library completed nnd dedicated In autumn of next year. Valuable Gift to Norwich University. ' The library of the late Rev. Orland Dana Miller, considered ono of the larg- , est, rarest and most valuable In New Hampshire, has been given to Norwich University by the daughters of the de ceased, Lizzie B. and Eva B. Miller of , South Merrimack. Dr. Miller was a ' graduate of Norwich, class of 1813. The library Includes several thousand vol umes collected during the lifetime of the owner who was a scholar of wide reputa tion. It will be placed In Dewey Hall. ! Charles A. Sumner, 76, for many years ' prominently connected with the banking interests of Burlington, died suddenly Saturday afternoon. i Tho Lincoln Lumber company's but ter tub factory was burned Thursday evening. The building was HOxtO feet and two stories high. The loss Is estimated at $14,000; Insurance $G000. ; A young man named Luxford. who ' lived two miles from Newport Centre on ' the troy road, was cutting down a tree, when a dead limb fell, striking him on the head and killing him Instantly He was tho only support of an aged mother. Rev. John P. Farrar, 77, who died sud denly lrom heart disease In Lynn, Mass., Sunday, was elected superintendent of schools In Walllngford In 1S71 and from 1S72 to 1878 was president of the board of I directors of Black River Academy In Ludlow. Levi Dcmars, 23, of St. Albans, was killed Friday by the accidental discharge of his gun. He was employed by Archie Vanflett at Isle La Mottc, and In at tempting to push a boat from shore In his haste to get a shot at some ducks the gun was discharged, the shot pierc ing his abdomen. Dr. Hoyt R. Wilder, 3 years, died Monday at Burlington after a month's Illness. He was born at Sheldon. He bad been president of the State Medical society, and also of the Franklin county medical society. He came to Burlington In 1699, after being located for 25 years at Swanton. His wife died In September. Three sons and one daughter survive. F. J. White, manager of the Lumlere North American company, who arrived at Burlington Saturday from Lyons, France, brought with him plans and specifications for buildings and equip ments to cost $100,000, work upon which is soon to begin nt Howard park, In that city. The product of that plant will be photographic dry plates and photographic paper. The head office of the company will be In Burlington, with branches in Boston, New York, Chicago and other large cities, James Hale Bates, who died In Brook lyn Friday, was born In Proctorsvllle In the early thirties. After graduating from the University of Michigan he be gan his business career In New York, where he was a pioneer in starting the mercantile registry and newspaper ad vertising business. He was for some years a partner of David Ross Locke (Petroleum V. Nasby), under the style of Bates & Locke. Later the firm was J. H. Bates & Co., when Mr. Locke went to Ohio to engage in newspaper enter prises, and in some of these Mr. Bates became Interested, The Lyman D. Morse advertising agency succeeded In the busi ness. Mr, Bates had literary leanings, and often wrote for the press in both prose and verse. He had a ready ex pression. In no respect ambitious, but he wrote with unpretentious ease upon such matters as interested him. He was an officer In several financial and social or ganizations In Brooklyn. He had a fine summer residence near Proctorsvllle and always maintained an Interest In Ver mont affairs. The report of tho life saving service shows that during the past year that service kept up its usual good record in the salvage of property from wrecks, and rather exceeded It In the saving of life, only one life having been lost to every 43 casualltles, while the average for the past 25 years Is one life to every thirteen casualties. The value of the property saved was $6,403,035; while only $918,965 was lost, a showing which would warrant Congress In giving tho service better support and encouragement than It has received heretofore. NOV. 30 Tts' SB jj tatUfo 'iK "rait nv rtutu: JSfi . 0 fits. S'KT&iiiai ntume ma it rtts . hut ser 3iivirtTto fOUIITAIM KM. J99 UCS. MATCH eox "A amp's str M -r7?"jl ssnss. FROM J9 44 99 9 ii 99 99 NEPTUNE OLD HONESTY SPEARHEAD" STANDARD NAVY SICKLE MASTER WORKMAN JOLLY TAR NOBBYSPUN ROLL "BOOTJACK" "PIPER HEIDSIECK" "DRUM M0ND"NATU RAL LEAf "OLD PEACH& HONEY" "Star," E. Rice, Qreenville," "Horse Shoe," "J. T.," "Good Luck," "Cross Bow," "Brandy wine," "Razor," "Tennessee Cross Tie," "Ole Varginy," "Oranger Twist." s (Two "Granger Twist " tags being equal to one of others mentioned.) TA05.ATAY BE ASSORTED IN SECUR1NO PRESENTS. Our new illustrated CATALOGUE OF PRESENTS FOR . 1902 will include many articles not shown here. It will contain the most attractive List oi Presents ever offered for Tags, and will be sent by mail on receipt of postage two cents. (Catalogue will bo ready for mailing about January xst, 1902.) Our offer of Presents for Tags will expire Nov. 30th, 1902. CONTINENTAL TOBACCO COMPANY. Write your name and address jmy on outside of packages containing Tags, and send them and requests for Presents to C. Hy. BROWN, 21 Folsom Ave., St. Louis, Mo. 1902. TOOL str. eso taos. jj 140 TAGS. AUttUMIIClllUril'l cvt roittto. BUITCR KNirt TtOUAS' CO UCS SUtAS SMCU 'AOClAt' to TACS, iAii ano nppt str. 'menu mrcM. str TAH MtASUHt. KsomT CJUiS. 40 TAOS. 00 CAitr, sat AM, It i a JL l$l IS flu U euciutcAH JJ jj eso 7S rACS. ASHUELOT, N. H. Mrs. George Full 11 m Is recovering from a sovere Illness. Edward D. Willis has sold some of his standing timber to AV. L. Rlxford of Win chester, Mrs. Sarah Borklnshaw has returned to her home here with her daughter, Maye, and resumed housekeeping. C. Itawson recently moved his family to Lower Ashuelot from Brattleboro. He is employed in the box shop. Mrs. Charles Parsons of Springfield, Mass., returned to her home Saturday from a week's visit at Mrs. Fullum's. George It. Polzer, fireman on a switch engine at Bellows Falls, Is spending the week at his home here, being Indis posed, G. T, Bates of Great Barrington, Mass., arrived hero Thursday evening. He has assumed his duties as bookkeeper at the Sheridan woolen mill. William Eugene Dickinson, treasurer of tho New England Box company, Boston, spent several days here last week with his mother, Mrs. M. T. Dickinson. Hugh Sheridan, wife and daughter, Irene, and son, Will, ate their Thanks giving dinner with Landlord Mend at the Franklin hotel, Greenfield, Mass. . Joseph Manley, son of James Manley, who has recently been with his brother Will at Brockton, Mass., was seriously Injured by an electrio car last week Thursday, The Sunday afternoon services at school houso hall. Upper Ashuelot, are, being well attended, there being an apparent growth of Interest in them. The pastor, Rev. J. II. Marvin, Is an able speaker and makes his sermons ot practical value. Henry Luke Doucet, who bod lived here ( St years, died at his home at Lower Ashuelot Thursday from a general break ing down. He was born at St. Gregorle, P. Q., 68 years ago, and came to the "states" early In life, locating at Lowell, Mass., whero ho married in 1SC6 Mary Ann Dcmanche. They soon located here. Ho was employed agout tho saw mill and box shop, was a quiet. Industrious man, being well liked by his employers and associates and had accumulated some property. Ho leaves a wife, four sons and three daughters, all being grown up. The funeral was held Monday forenoon, mass being said nt the locnl St. Michael's Roman Catholic church, Tho body was taken to Keena on the noon train for burial. An effort Is being made to prevent, by legislative or executive means, the great consolidation of Northwestern railroad finances which has recently been form ed under tho name of the Northern Securities company, and which has a cap tallzatton of il00,000,000. Gov. Van Sant of Minnesota has taken the position that the merger of Interests Is a violation of the anti-trust laws of his state, and has Issued an invitation to the governors of several otner states in the Northwest, recommending common action against t the new corporation. The incorporators of tho Northern Securities company have caused the public to be Informed that nothing In the charter or purposes of the corporation violates the laws of any of the states In which the railroads con trolled by It are located. It is likely that Minnesota will not abandon the position that It has taken In the matter; but the governors of most of the states con cerned have not taken a.very lively Inter est In Gov. Van Sanfs Invitation, and It Is not probable that tho movement I against the great railroad reorganization wm uecume general. THE VERMONT LOAN & TRUST COMPANY'S 5 Per Cent Gold Bonds Are as safe as government bonds and give a much better net re ' turn for the money invested. SS. MountsVf fSS. fig . A,fHl' "o of first mortgages on farm and cltv Droncrtr In Washington nnd North Dakota, netting 5 per cent. proert' m CSTWrito'for'our lost list of.loans. THE VERMONT LOAN & TRUST COMPANY Brattleboro, Vt. F. B. PUTNAM, Gen. A0t. Teaming Business Having bought the teaming business together with the outfit of the es tate of the late E. E. Stockwell I shall continue tho business at my stables at SO Elliot street, and will try t)J keeping good teams and good men. ?,i-y4 BlvrnS B0? "rvlces at fair ronago public pat- HAY. GRAIN and FEED of all kinds ltmi9J,"AFT ?nd, FAMILY IIOUSL8 always on band for sal, G. E. GILMAN, Brattleboro. vu j al uiku uuuLcii wi uw tiifcii u du iici d win iitfiTiirTin iron no I h wbbwm- B r I O W.MW