Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-03-30

Hon. HoTT Fl. WHEELER, Chief Judge.
Hon. JEROME B. BROMLEY, ! assistant
Hon. BRADLEY FISH, ! Jtdges.
Ihetrsday, March 23d-On the opening
of the court in the morning, Judge Wheel
err charged the jury in No. "a, T. & W.
Miller v. John d. Wood, and others, who
then retired and soon after returned
verdict establishing the line as claimed
by the plaintiff, and returning a verdict
for the plaintiff of $39866 damages, and
costs.
The trisl of No. 1856, Myron E, Mar
shall v Birchard & Page, was then COM
mencei. This is an action of the case for
injuries received March 22d, 1859, at the
crossing on the Rutland Railroad, near
the North Clarendon station, the wife and
ohild of the plaintiff being killed, and be
receiving serious injuries, claiming fifty
thousand dollars damages. The testimo-
ny on the part of the plaintiff was closed,
and that of the defendants commenced.
The trial will occupy the whole of to-day,
and perhaps the week.
Dunton & Veazey, and John W. Stew
art for plaintiff John Prout, Daniel Rob
erts, and Edward j. Phelps for defend
ants.
Friday, Murch 24M.-The day was &C.
oupied in the examination of witnesses,
in No. 1856, Myron E. Marshall as Birchard
Il Page, the defendants closing their testi-
mony, and the plaintiff commencing
his rebutting testimony. 1t is expected
that the examination of witnesses on both
sides will be completed to-day, and that
the arguments will be commenced.
SATURDAY, March 25th-The testimony
for both parties, in No. 1856, Myron E
Marshall ps Orchard and Page, was
closed, and in the afternoon, after adjourn
tnent, the jury, under the charge Of the
Sheriff, proceeded to Clarendon to view
and examine the scene of the accident.
At the opening of the court this Mon
day) afternoon, Walter @. Dunton will
make the opening argument for the Plain
tiff, to be followed by Daniel Roberts and
Edward J. Phelps for Defendants; the
closing argument for the Plaintiff will be
BY John w. Stewart.
It is probable that the arguments OF
counsel and the charge of Judge Wheeler
will occupy the remainder of the after
noon as we'll as the entire day Tuesday.
Mo7,day, Ma1rh 27M--At the opening
of the Court, this afternoon, the trial OF
No. 15G, Myron E. Marshall o. Birchard
and Page was resumed, Walter G. Dun
ton making the opening argument to the
jury, for the Plaintiff, occupying somo two
hours. He was followed by Daniel
Robert, for the Defendants, but before be
had closed the Court took a recess until
this morning at the usual hour, at which
time Mr.. Roberts will resume his argu-
ment.
Tuesday, MarcA 28M,-The day was
occupied in tho trial of No. 1856, Myron
Z. Marshall .. BirchaEd and Page, Daniel
Roberts concluding his argument-and
Edward J. Phelps closing for Defend
snts, after which John w. Stewart made
the final argument for Plaintiff. Judge
Wheeler then commenced his charge to
the jury, but before the close thereof the
Court took recess until this morning at
the usual hour.
Wednesday, March 29h.-At the open
ing Of the Court, Judge Wheeler fin
ia Ted his charge in No. 1856, Myron E
Ma, shall vs. Birchsrd 81 Page, and the
cause was given to the jury. In about
hall az hour the jury returned into court
with verdict for the Plaintiff to recover
taoeIve thot.Sand dollars damages and bis
costs 1t is understood that exceptions
have been reserved, and that the cause
will he taken to the Supreme Court.
The trial of No. 161,, Isaac Rotchildi
ys. Harvey Rowe, was then commenced
and the remainder of the day was occu
pied in hearing, without concluding. the
testimony. Horace G. Wood and John
Prout for the Plaintiff, John B. Beaman
and Edgerton & Nicholson for Defen-
dants.