Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1871-10-06
Chittenden County Court.
SErrzgHER TEBN 1871.
Hon. Jony PIEBP0ISr, Presiding Judge.
Hos. NATHAN LINCOLN, A., 1,l-a,
Hos. NATHANIEL Parker,

Hon. JoHy PlEBroNr, Presiding Judge.
Hos NATHAN LINCOLN, As.,t JBl,e,
Hos. NATHANIEL PARKER,
THURSDAY, September >.
Wool rs Tracy Was given to the jury st noon.
At three O'Clock they returned, having failed TO
agree upon verdict They were evenly d.
viiei, we understand, upon The subject Of the
force used by the defendant st the time Of the
sssault in question. The Court instructed them
more fully upon some points upon which they
we're not fully informed, and sent them back to
consider tue matter longer. II Eve O'Clock they
returned, and reported tina, they were unable 10
change their previous convictions, whereupon
the Court excused them from any further coz
sileration.
The case Of Lewis Oziar and wife Is the Town
Of Hinefburgh, Wss then commenced. This ].
an action on the case Of personal injuries, sui
ferei by Mrs, Ozier, while driving, with her
81, upon tie highway which leads north from
the village Of Hnesourgh. The accident &C.
CURED Msy 18th, ls6s, aud was caused by an
alleged defect in portion Of the highway, by
which the plaintiffs horse became mirei, and
the female plaintiff was thrown violently aganst
the dash bosrd Of the wagon. thereby seriously
iniaring, as is claimed, her spine and shoulders,
watch has resulted ia permanent disability.
Messrs. b Roberts, H. Ballard sni c. J. Alger,
far the plaintiff. Z. J. Phelps, E R Hard and
\. Peck. for the defendant The probability is
that the case will occupy the attention OF the
Court for several dsys.
SATURDAY. Sept. so, 1871.
The Grand jury through their foreman, s
NJ Pope. Esq reported that they hal found the
following indictments State VS. Paul LAGOS,
George Farmer and Willie Farmer for larceny
State We Patrick McCsbe, for arson State ys
Isaac 4 Watson, for attempt TO commit rape
State 81. Francis Borieau, for larceny State
vs.. John B. Persons, for larceny StSte VS.
OTIS Shepard, a ais. for ohstruc'iDg highway
State VS. Benjamin Thomas, alias Charles FL
wards. fo- horse stealing and State vs. John
Jacob for larceny. One Indictment was not
found. They also made the following report in
regard TO the county Jail
| State Of Vermont, Chittenien County, 5. S
cit remembered that at = County Court began
and holden at Burlington, within and FOR the
county of Chittenden, on the fourth Tuesday OF
September, A. D., 1871, now here in Court
duly empanneled and sworn, upon their oath
presents that they have examined the situation
Of the County Jail, situated in said Burlington,
and they find the same sufficient for the safe
and comfortable keeping Of prisoners, and so
far We can Judge from appearances in and
about the isi it tells well for those who have it
in charge. ;. NJ PORE, Foreman of Grand Jury
In Ozier and wife vs.. Town Of Hinesburgh,
the pl.intiff. rested their case ST five O'Clock
Yesterday afternoon. The defendants testimony
will doubtless consume the same time. As the
Jury disagreed when tie last tried April
Term 1870 the present jury from present indi-
cation, will probably not be compelled to 8 SINH
ar conclusion for want Of any testimony which
can have any possible bearing upon the case.
MONDAY, Oct ..
In the csse Of Ozier and wife We. Town of
Hinesburgh. The testimony of defendant was
concluded st half-psst three O'Clock on Saturday
afternoon, at which hour The court WAS adjourn
ed till ten O'Clock this morning The case will
not probably be given to the jury till sometime
tomorrow or Wednesday morning.
TUESDAY. October 8, 1871.
Ozier and wife vs. Town Of Hinesburgh. All
the testimony in this case was concluded at noon
Yesterday. Mr.. Roberts commenced the opening
argument, on behalf of the plaintiff, st two
O'Clock yesterday afternoon. He wss followed
by Mr. Phelps. on the part of the defence, who
finished his argument at the close Of the session
last evening. Mr. Ballard and Mr. Hard, with
the charge of the Court, will probably occupy
the most Of the day to-day.
WEDNESDAY, Ocl. 4, 1911.
The case Of OEier and wife VS.. the town Of
Hine,burgh was given to the jury al the close of
the afternoon session yesterday, after full snd
| exhaustive charge by the Court Immediately
previous to the adjournment for the day, the case
| Of Laura D. Forsyth ct ais ap'ts, VS.. D. II.
| Onion ct al spl'ees was briefly heard and
/ Judgment was ordered to be entered in the case,
a1judging the will purporting to be the last
| of To ba urh
The case comes up on an appeal from the Pro
bate Court. Messrs H. B. Smith and E. J.
Phelps appear for plaintiffs and ap'ts. and
Z. R. Hard and c. ". Writer'S for defendants and
4 apl'ees His Honor has arranged TO exchange
with Judge Peck who is presiding at the Washing
| ton County Term, in the charge Of the trial OF
the next few cases. Franklin Guyette vs. Town
Of Bolton, was the first case tried to-day. This
is an action Of general sssumpsit for town
bounty of $500. The plaintiff in the summer Of
1860 enlisted from Bolton in the 9th regiment,
for three years and served till the Fall of 1868.
when proposition was made under new call
that all veterans who should re-enlist should
receive the bounty voted by the town. 10 No
yember 1868 the town voted bounty Of $500
to each Of the eight men who were required to
Ill i;s quota under this call. On ascertsining
this fact from one Of the selectmen Of Bolton, as
is claimed by the plaintiff, he together with FIVE
other men re-enlisted to the credit Of the town,
and were mustered in December 9TH, 1863
after which they returned home for a months
furlough. They then sscertained that the town
had already re-enlisted six Of the eight men re-
quired, aud only 5000 was left to be either divid-
ed between the two, necessary to complete the
quota, or among the five as they should choose.
The money was accordingly divided among the
FIVE. On the promise from the selectmen that
they should subsequently, receive the balance Of
the $500, the Eve concluded to continue in
service to the credit Of the town. Itsferwards was