Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1874-04-17

rETT JURORS.
Bolton-Joseph H. Smith Burlington.
Daniel Murray, \. X. Ballard. Ira Russell,
ARENAS Prouty: Charlotte, James W.
Williams. William ). Yale Colchester, j
F. Day. +. c. LeClair. 4. O. Hood Essex.
d. H. Macomber, Benjamin Parker lines
burgh, Eli Brownson, Enoch d. Weed
Huntington. Willard SayleS jericho. ".
j. Byington, Joseph Melinda Milton, o.
f. Coon, o. g. Phelps, Richmond, Elisha
Andrews, James f. Walston Shelburn,
Ezra Mech. n \. Tracy. Edgar Nash
South Burlington. Edward Browncli; St.
George. George X. llinsdill. | nderhill, +.
W. Church, Arthur Cayanagh Ne~ttord,
Stafford Stone, Alber; Partridge Willi~ton,
Norman +. Miller. Harry Joslyn.
The court then briefly addre~- ell the Jurors.
calling their attention 10 the nature of the
oath which they had Just taken, saying that
it had more particular reference % their
conduct while engaged in the jury trials at
this term. His Honor alluded to the pro
priety of their having no intercourse what
ever in respect 10 any and all causes
which stand on the calendar for trial dur
Ing the present term. nor to listen to any
conversation which may be carried on hc-
tween parties interested in any of such
causes. As it was impossible 10 tell what
effect such conversation may have even
uncon>ciously upon their minds.
The jury calendar was then called, and
of the six,y-eight causes on the list twenty
eight were marked for a trial. Probably
fully one-half of this number will be
otherwise disposed of when they are reach
ed in order The remainder Of the morning
session was occupied m hearing motion, tor
continuance of causes.
The first case heard at the opening OF the
court yesterday afternoon. was that of AFRO
b. Ashley ~. Gay G. Noble AMI 4. G..
Stafford
This was an action on rcpieyin bond
given for some property that was attached
on a suit against \. y Austin, OF Milton,
few years since IL appeared from the
statement OF counsel for the defence, that
since the commencement of this suit the
plaintiff had obtained from the Su-
preme Court a writ of repri~al and
had obtained satisfaction on il in
full, and the defence claimed that this
was bar to the action, hut the pleadngs
not being in condition to admit of this
defence, continuance was granted for
that purpose This matter in defence hav-
ing arisen since the last term of the County
Court was the reason for allowing OF this
disposition Of the ease Messr~. II. L.
Smith and Daniel Roberts for plaintiff {.
Messrs. Whittemore and Wheeler and
Henry Ballard for defendants.
The second and last case heard was that
of \. y. Austin ". Joseph Croto. This
was an action of aSsumpsit on a witness
note for SO The defendant pleaded pay
ment. On the opening of the ease, it APP
pearng that ON the computation OF the
l. 81
taken, il was found to be less than $50, and
therefore without the jurisdiction of this
court under the statute. the case was dis
, missed for want Of Jurisdiction. Excep-
tons were taken by the plaintiff McssrS.
Whittemore and Wheeler and Henry Ballard
for plaintiff. II p. Smith and Il. H. Start
for defendant.
WEDNESDAY, April :
The case Of Della l.. Phelps ". Latham
| Jones estate was commenced at the open
ing of the court this morning. This was an
| action of general assump>it for the sum of
4 $3.50, which IS claimed as the value
4 OF the services of the plaintiff while
| keeping house for the defendant from
! November, 1850. TO the time OF the de-
| cease of the defendant in the fall of ISL.
1t comes up on an appeal from the report
I oil Inc COMMISSIONER On lllt t~AtAt "a mp
| Jones, which awarded plaintiff the sun
Of 81 600. the plea is the general
issue. The defendants are the two remain
ing heirs of Captain Jones. They claim
that the plaintiff was sufficiently rcwar dod
COR her services by the support and car,
\, Inch -he and her two children received
ii, ling the period Of eleven years which she
resi. led with her father. Messrs Henry
Raila ii and W. l.. Burnap for plaintiff
Daniel Roberts and X. II Start Tor deieu
dants.
TnrRsDAY, April ..
On the co 1clusion of the plaintiffs test
ponv yesteru qy afternoon, the defendant
counsel moved Tor a verdict for the deien
| dent ON the rro und that there was nothin!
in the evidence OF the plaintiff which tende
/ IN show any contra t on the par; Of the ties
tator TO nav anythi ~ Tor the plaintiff
services. This motion. the Court, after
| briei review of the facts as they have ap
| neared bv the evidence, granted. and Yer
diet was directed for tie defendant.
The case of Joseph Hall, by his mex
friend VS.. Albert Town was next tried. Thi
was an action of general assumpsit for tn
rolue of the services of the plaintiff and hi
wife who contracted to work for the deien
dant upon his farm in Jonesville at tn
rate of SEQ per month for himself and 5
ner month for his wife. They commence
seryice April 10, 1872, and terminated the
contract on account of a personal disagree,
ment between the parties on the fourth of ii
/ cIjowinr july. The balance due appear
Sout twenty-five dollars. Mes-rs. LII Law
O. 90 And l.. F. Wilbur for plaintiff
IIe, V Ballard and II. o. Wheeler for ,
Tha, etimony in tue case OF Hall ". Tow
,.as fn;s Ned 1T noon. The arguments wei
cnmmence,.' sc the opening OF this Afternoon
''N''0'' FRIDAY, April 10.
The case of lila u W Town was given
the ;nry AT four OF lock yesterday Afternoon
They had not return, u Il verdict when Il
court adjourned for til . Jay
The remaining hour OF the alternoo
session was occupied with hearing motto
for the continuance of the ,'ase OF Germa
y. REYNOLDS. The Court refL sed to graz
| the motion, whereupon the defendant
counsel retired from the case, a.'d deiel
dant was deiaulted The action vas Il
.Iastardy. The jury calendar was then oelie
" Ien the court adjourned. The case
Sn, ith VS. Brown will probably be the ilr
case tried this morning.
The trial of the case of Augustus Barrow
xs An drew Pray has occupied the time
the cou.t this morning. This was an actlC
Of general assumpsit for the balance OF
hook account. the balance claimed by Il
plaintiff b ,ing $3.50 with interest sin
Is7O. Defe udant's plea is payment and o
set. NJ. r. Tyler for plaintitf Henry la
lard and K. II. Start for defendant.
The case was given to the jury at moo
Shortly after Nv o eiSes they Drought IN
verdict for the p. aintiff for Sn."o.
The afternoon yesterday was taken
xirh the trial of the case of Frank
Rrownell VS.. Jonaihan 4. Talcott. 1T
was an action of tr ,ver for the value oil
- m. nlaintif claims that he pI