Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1870-10-14

Hon. JOHN PIERPOlNT. PnFIoi>a Jrucr.
Hon. SNITH WRIGuT.
" NATHAN LINCOLN,


TurRsD,Y, Sept. -. $50.
Samuel A. Andrews rs. Town Of Bolton. Z.
J Phelps, ESQ, concluded the Arguments IN be-
half Of the plaintiff st $3.50 this m0ruiug In
charging the jury biz llonor remarked that it
Was conceded that ihe place where the accident
occurred was 4 hghwsy IN Bolton waich /; was
the duty OF that town 20 keep In repair, slsl
that there vas uo question but VI bat the town
had received legs. notice Of the claim Of the
plaintiff for damage The first question for the
jury 10 consider Sss whether ne highway was
in sufficient state Of repair At the time Of the
accident to the plaintiff, sud 10 determining this
they should take into cousiierati the location
Of the road, It's known liability 20 oyeihow at
certain periods Of the yesr. that ss general
rule toSn wss not compelled TO keep is river
roads sDoye high water mark. bl. inst they
shoui he always maintained DO . Eaai cundi-
tion AMI win view 70 thai event
where sucu liability e1isfel The next
thing 10 be coasi Tered wss whether the
defendant (ur his agent as in this csse) had
exercised that care and foresight which an or
dinsrily prudent man would have showed under
the existing circumstances. Tor the accident
might have resulted from his own c4rtlessne,s
and want Of prudence notwithstan ling the dan
gerous condition Of the road in which case the
town should not be held responsible Il must be
clear TO them that the defect in the road was the
entire cause Of the injury TO the plaintiff. The
evidence WAS thoroughly reviewed by the court
and the jury duly instructed a 70 the law in
such cases, his Homer saying in conclusion
that If the plaiutid shouli be thought by them
entitled to recover, he should receive psrrneut
/ for all his damages which he had sust tinei bv
reason Of the accident together with interest on
the same from the date Of the occurrence Of the
accident The case was given to ,he ilry At
half past ten O'Clock
At half past eleven o'c'ock t5e jury brought
in a veriicr in favor Of the defendant.
Before proceeding TO the next case. ON motion
Of Hon. William G Shaw Of the examining com
mittee, Albert e. whittemore OF Milton. Vt,
was admitted to practice at this court
William S briggs VS.. Oscar L. Burton was,
after considerable discussion between the couu-
SCI, then commenced This is sn action on the
case for malicious prosecution on the part Of the
defendant in the month Of July 1865 The
facts are briefly these
Mr.. briggs is a resilient of saginaw. Mchi-
gan and claims to be gentleman of uuques-
tionsble character and sccial position. In 1868
he had pending in the United States Circuit
Court quit in his favor against Mr.. q. 4.
Burton Of this city and it was for the purpose
Of assisting his counsel in the preparation Of
his case for trial at the July term Of that
year, that he visited this city. Immediately
after his arrival, he was arrested by the Sheriff
on complaint and warrant issued by States
Attorney Englesoy for the crime Of perjury in
one Of the numerous hearings of the celebrated
arbitration of A. NJ. Clark Of ST. Adams and
the defendant, in having testified falsely to the
presence Of defendant and Mr. Clsrk at the
residence Of Mr.. J. H. Burton in New ork city
on 2ls or 22d Of May, 1859 The respondent
wss brought before Justice HOllenbeck, At that
time acting Recorder Of this city, sn1 after
delay Of the hearing from July 18th to July
18th, 1868, at the investigation Of the pruse-
cutting officer, nolle Prosequi was entered in the
case Mr. briggs claims that the object Of the de-
fend ant was TO injure and harrsss him on ac-
count Of his suit at that time pending against
Mr.. Burton, and be brings suit claiming dam
ages to the amount of $1,000
At five O'clock the evidence being all ir, VIM
G Shaw opened the case in behalf Of the plain
tiff On the conclusion Of his argument the
Court adjourned for the day.
FRIDAY, Sept, 80. 1870.
The attention Of the Court has been taken up
thus far during this morning with hearing the ar
gumen,s to the jury in the case Of briggs RS
Burton.
The charge Of the Court, a, the opening Of the
afternoon session, was full one. REVERSING all
the testimony in the matter, and the case was
given to the jury at three O'Clock
CHARGE TO THE JURY
His Honor said that it was conceded that the
criminal prosecution iD this actor. in July 1868.
was terminated by noe pros, enterei by the
States Attorney. This termination would not
prevent the plaintiff recovering in the presen;
case, provided he proves his ca,e in other Ie- .
speots-
Ii is incumbent upon the defendant to show ]