The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1865-12-20
ADDISON COUNTY COURT.

| The December Term commenced last
week Tuesday.
4 Officers Of the Comt-Chief Justice
PiERPoiNr of the Supreme Court presi-
ding.
ASSISTANT gc--Hon. EBESrzER H.
hWEEKs and Hon. EDWIN EvERTs.
SHERIFF.. A. Colamer, States At
torney--H. S. Foote, Clerk - Dugald
Stewart, Deputy Clerk Rufus VAIN
wright.
The frat Cause tried was Het.erbee's
Executor rs. Ree~.
Counsel for the PIaintF.-Hon. G. w.
Grandey, Hon. J. w. Stewart and Mr..
Hard of Burlington.
Counsel for the Decentralization. G.
F. Edmonds Gov. Dillingham;, f. j.
Phelps, Of Burlington and Mr.. Meader of
Vergennes.
Twenty witnesses were examined by
the prosecution and eighteen by the de-
tense; after which Mr.. Hard opened the
argument by summing up the evidence in
concise and logical speech of about two
hours. He was followed by Mr.. Phelps
who spoke with his usual clearness, vigor
and sarcasm. Gov Dillingham; continued
the argument with the most eloquent ap-
peals in behalf of the disinherted orphans.
After which Mr.. Stewart closed the ar
gument in an able manner, most happily
showing up the Governors efforts at
rhetorical effect.
Each of the pleas were about two
hours in length, 'nd and Judge Pierpoints
charge to the jury was more than an hour
in duration. The verdict was rendered
about 3 o'clock, p. NJ, on Saturday, that
the instrument purporting to be the last
will Of Joshua Wetherbee was not his will
The length of the trial, the talent en-
ployed as counsel, the large number of
witnesses, the crowded court room and
the eagerness of the listeners, attested the
interest felt in the trial, not only by the
parties, but by the people generally. The
case seems to be this: Mr.. Joshua
Wetherbee Of Ferrisburgh, after having
gwen to each of his two children, Mr.
Amos Wetherbee and Mrs. Emily Reese,
sundry presents nearly equal and express.
ed his wish to treat them alike, made
will in 1855 following the same general
principal of equality. In 1861 during
his last illness he made another will in
which the property was not so equally
divided. The last instrument was proved
before Judge Munsill of the Probate
Court, from which Mr. Henry II. Reese
took an appeal in behalf of the childr en-
Of Mrs Emily Reese, on the ground that
Joshua Wetherbee was mentally incapable
of making a will at the time the instru-
ment was executed.
The whole amount Of property belong
ing to the estate is less than $4,000, and
the first will gives to Enily's children
Sll0O more than the last which was not
sustained.
MONDAY, Dec. lS.-KuJy g. Linsley
Us. Dyer.
Counsel for the Plaintiff A. p. Tup-
per and j. w. Stewart.
Counsel for the Defendant. -Nicholson
& Ormsbec.
The defendants counsel moved that the
plaintiff be non suited on the ground of
msjo'nde"; and it was granted.
Brocn rs. Bank Of Tergennes.
Counsel for the Notwithstanding
and Stewart.
Counsel for the Observation-Disclosures &
Phelps.
1t appears that the plaintiff deposited
or sold to the Bank Of Vergennes $50 in
gold before the suspension Of specie pay
ment by the bank, although gold was sell
ling at that time at Ito, and received in
exchange the bills of the bank or green
backs, and he claimed damages to the
amount at which the gold was then sell
ing at premium. The verdict of the Jury
was in favor of the defendant, throwing
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