Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1872-10-18
Chittenden County COur.. september Term. 1872.
Hon. JOHN PIERPOINT, Presiding Judge.
H aoS N NA1HAx hITPS GRkss Asst, Judges

Hon. NATHANIEL PARKER, ! -'9''' ''"u='''
THURSDAY, Oct. ,, 1872.
The evidence in the case Of McGovern aps
wife IS. town Of Jericho. was closed at ter
O'Clock. The remainder Of the forenoon
/ was occupied by the opening Of the case hy
! \. {. Dixon, Esd. followed by Me.SrS. l.
/ l.. Lawrence and l.. T. Wilbur. on behalf Of
| the defendant. The afternoon till fom
! O'Clock was taken up by the closing argu-
ment for plaintiffs BY Henry Ballard. Esd.
and the charge Of the Court
The case of Carpenter and Mun-on vs.. r
/ NJ. Copeland. was the next cause heard
/ This is an action of general and special as
sumpsit against the end0rser of promisory
note for $500, made by one Samuel Perry
/ who, at the time the note was given was a
/ tenant ofplaintiiis on the Mallet. Bay farm
| The note was received by plaintiffs on ac-
count Of rent which was due from Mr.
/ Perry. Defence Is general issue Defend
/ ant claiming that the note in question was
/ an accommodation note. no consideration
/ having passed for the same Henry Bal
/ lard for plaintiffs, d. Roberts for defendant
FRIDAY. Oct J.
The case OF Carpenter q Munson ". Cope
/ land was submitted to the Jury at the close
of the session last evening. At the opening
| Of the Court this morning they returned a
verdict for S57.7l in favor of the plaintiffs
The case of Daniel Ray. apea v. Nelson
| Mobbs apt, occupied the attention of the
! Court this forenoon. This was an action in
the ease for false representation in regard TO
| the security Of certain promiSsory note
made by plaintiff. The jury found verdict
/ for plaintiff Damages Sll1.7O. y. Peck
and +. r. Hard for plaintiff. A. Y. Spauld-
ing and c. J, Alger for defendant
The first hour Of the afternoon session
/ was taken up with the hearing Of the te-ti-
mony in the case of Milton H. Brown V.
/ Herbert II. Frary. This was an action OF
/ general aSsumpsit on a certain promissoiy
note and also for breach Of warranty in an
agreement made between the parties relat-
/ ing TO a certain invention. At the conclu-
| sion Of the testimony the Court directed a
verdict of S76l7l damages in favor of the
/ pl'h. f. K. Hard for PIN, T. Z. Wales for
/ defendant
At three O'Clock the case Of VIM. T.. Wei
ler,apee. Is. Vim. IL. Pollard apt was COM
menced. This was an action of general a.
Sumpsit fora bill Of goods purchased by pi II.
/ for the family of defendant in 1869. J.. J..
/ Lawrence and H. Ballard for pl A.. II H.
/ Talcott and T. r Hard for defendant
soon after nine o'clock this morning the
/ inry in the case of McGoyern and wife vs..
! Town Of Jericho. after being out all night.
came in unable 90 agree upon verdict.
/ Whereupon they were discharged hy the
! Court
SATURDAY. OCT. ..
The case OF Weller Vs. Pollard was given
| 10 the jury AZ noon yesterday. and imme-
/ diately after the session was adjourned till
ten O'Clock on Monday morning. at which
time the jury viii bring ia sealed verdict
( in Weller rs. Pollard.
TUESDAY, Oct :.
At the opening Of the court. Yesterday
morning. the Jury IN the ease Of Weller ".
( Pollard brought in q sealed verdict in favor
Of plaintiff for S54.s2
The case of Edward F. BroUnel. ape.
! vs. Dominic Lawrence. apt, was then com
menced. and occupied the attention OF the
I court nearly the whole day. Ihi,waS an
/ action on three pr0mi~-ory notes, two ST
| which it appeared We're given in settlemen,
! Of an account for intoxicating liquors.
! Brownell was the nominal plaintiff. d. "
/ Z. Light, of Troy. y y. being the plaintiff
| in interest. Ii was originally tried in the
! CITY Court. and Judgment rendered in favor
Of the plaintiff On the trial of the appeal
to this court the jury returned verdict foi
| S57.S the amount Of only one ofthe notes,
about which there was not dispute. Ale-srs.
| +. f. Brownell and /. r. Hard for plaintiff.
Start and Watson for defendant.
! The case of Lewis Ozier and wife 81. Town
! Of Hinesburgh was begun at three O'Clock
| Yesterday afternoon. This Is an action ON
| the case for personal injuries suffered by the
! plaintiff wife while driving with her son
upon the highway which leads north from
the village Of Hinesburgh. The accident
occurred MAY 10 1865 and was caused by
/ an alleged defect in the highway by reason
Of which the plaintiff horse became mlred
/ and Mrs Ozier was seriously injured by
beng violently thrown against the dasl
| board of the wagon Alessrs. d. Roberts anu
/ II. Ballard for plaintiff: f. r. Hard. !. "
Stewart and y Peck for defendant Ihi'
Is the third time the case comes To this court
WEDNESDAY. Oct o.
The testimony in the ease of Oziar AM
| wife y. Town Of Hinesburgh was closed las
evening. 1t will probably 60 the jury 90
morrow afternoon and evening.
FRIDAY. Oct. Il.
The arguments in the case Of Ozier ant
wife IS. Town of Hinesburg were conclude,
last evening. AT half past ten o'clock Thu
| morning, the case was given TO the jury
after an exceedingly fall and able charg
from the Court The Jury, after being on
nearly five hours. returned n verdict IN taYo
of the plaintiffs for 81 900 damages an'
| costs
The case Of Edward Williams ap'ee '
Charles Carly, apt. wa, then commenced
This is an action for breach Of warranty il
the sale of horse Ajessrs. Wilhar
Palmer and f. T. Hard for PHI. II Bal
lard and y G. Dixon for defendant.
SATURDAY. Oct =.
I'll .,s, If Williams y. Carly WAS con
cluded at the adjournment Of the session las
evening. The jury viii bring in scale
verdict this morning.
MoNDAr, oct. II.
Al the opening of the Conrt on Saturda
morning. the iury in the case Of William
IS Carty brought in sealed verdict !
favor Of the defendant for his costs. lin
was the la-t of the civil cases 90 be tried b
jury at this term. ~,
Peter I.ashaway and James L. Thompso
we're then arraigned. the former charge
with the crime of grand larceny, and ii
latter for burglary upon the jewelry stol
of c;eorga Simpson of this city. Lashawa
plea aed gully and Thompson NOT guilty.
TUESDAY, Oct. Is.
Immediately after the calling Of the dock
Yesterday morning the case OF State y
James Z. Thompson, for burglary was con
menced. 1t will be remembered that on Il
evening of the 25th Of last February q
iewelry store of George Simpson oil TINS eil
was forciby entered through a rear Wlndo
and promscuous lot of jewelry was subs
onently found in black travelling bag upC
! the floor of the store which had evident
been left By the burglar in has haste
escone Occurring as it did in the ear
; part of Sunday evening during the temp
rarv ab5ence Of one of the clerks OF the esta
| lishment it was q most daring. thought Tort
| nately unsuccessful attempt at burglar
| and served at the time 10 pl
/ ! our people on their guard. q
, 1 cumstances too strong to be disregarde
: directed the suspicion Of the police depar
, ment towards the respondent and one tie
: Homes qlias Ed. E. Farrell, as the persoi
, 1 who were engaged in the affair. They we
arrested, and. after 4 preliminary examln
tion before Judge Shaw. Thompson was he
, h for trial AT this term OF court, and farre
was discharged After full hearing OF q
case and the arguments OF Henry Ballard I
the respondent add W. l.. Barnap' STAT
Attorney for the prosecution, the jury too
= the case at four o'clock this afternoon. Ol
= ! hour later they returned unable TO agr
unon a verdict. The court being satish
, thar further consideration would not lie:
! m n different result, discharged them. v
E understand the jury stood to in favor
the STATE. This being the last of the N
cases the iurymen were excused from III
= ther duty at this term.
4 The docket was then called and the eve
|, ing was occupied with divorce hearing
| A recess was then taken till nine o'elo
0 this morning. The term will probably
. adjourned to-day -
WEDNESDAY, Oct 10.
Tie entire day Yesterday wa. oeeupii
e with Court hearings. At half-past Il
d O'Clock the business of the term havll
! been completed, the September term OF