Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1874-01-16

every man who comes along. The Troy
Chief says she long ago got far beyond Dig
ANYWAY up somewhere into trlgonome-
try.
The funeral of Thomas Hammond, Laura
Hammond (his wife), Frank Alice and
Clarence, their children, and Charles +.
Hammond. his father, took place at crown
Point, recently. The church, originally
built through the influence Of Colonel
Howe, and generously upheld and promoted
BY the Hammonds, was crowded. Six June
rals-one grave in the quiet suburban GENE
terry, FIVE graves in the broad Atlantic. ms
was all, vet mourning people was here as
sembled from different towns, different coun-
ties, and different States, to sympathize with
the bereayed. Among the distinguished
persons present at the funeral was Judge
Hand. who commenced his brilliant career
in little wood-colored house at what is
known as Crown Point Centre, and the Ham
monds were among his earliest and lifelong
clients }. G. Witherbec. Hon. +. W.
Tobey, State Senator, Cashier Atweii, W:
F. Gookin and very many other prominent
persons from Port Henry and Moriah were
also in attendance.
A convict was seriously if not fatally
injured by an assault upon his person by
two or more fellow prisoners on the morn
ing of the 26th of December at C!intoh
prison. He received several severe blows
from bar of iron. breaking his Jaw anu
otherwise badly injurIng him.
Supreme Couri---January Term.
HON. JAMES BARRETT Presiding Judge
Hon. HON II. WHEELER,
Hos. HOMER f. ROYCE, Assoeiate JUSTICES
Hos TIMOTHY P. REDFIELD,
THURSDAY. Jan. 8.
Al the opening of the court, this morn
! ing. Robert Roberts, Esq OF this clty,was,
on motion, admitted to practice IN the gu
| preme Court.
eminent in State vs.. Clorane. Z. L. Brownell.
! Eso. counsel for Emma Pierce, who was
committed for intOxication on complaint
of II. ) Peck, City Grand Juror on the Sth
inst prayed out writ of hdbels corpus on
the following grounds The respondent
being required By the City Conrt TO make
disclosure, under oath. as provided by the
statute. a to where she had procured her
Intoxicating liquor, under advice OF her
counsel, she refused to comply, claiming
the constitutional privilege that she could
not be compelled to give evidence tending
Ia criminate herself, and to prove the crime
with which she was charged. She was
therefore remanded to Jail and mittimus
was issued.
The remainder Of the morning was occu-
pied with the hearing of the case OF Joseph
NcGiunis VS.. ii. 5. White. This was an
action OF trespass against Constable Nhite
for stopping and searching plaintiff swagon
So ptn TING l0nor he nlpa
ia defence was the complaint, search-war-
rant and proceedings under it. which termi-
mated in a demurrer. Two principal ques-
lions are involved in the exceptions to this
court First, as to the authority of the
CITY Court to issue a search warrant under
the liquor law, and, second, that the officer
could not seize wagon while in motion in
which intoxicating liquors were deposited.
r. H. Start for plaintiff, D. Roberts for de-
fendant.
At the opening of the court in the after
noon the case of David French and Sarah
French appellants V. the estate of Jere-
miah French was argued. This was petit
ton to the Probate Court of this. county
praying for a partition of the reversion OF
the widow dover in the estate of the de-
fendant. A decree was made in February,
1870, upon said petition by the Probate
W
to the County Court This decree was
affirmed pro forma by the County Court and
exceptions were taken TO this court. The
points made by the counsel for theappellants
were briefly these: FIRST, that the Probate
Court erred in constituting the surplus Of
an advancement to David French as part
of the reversion of the widows dover, and
in therefore taking this surplus into
account in dividing that reversion. Sc0ad,
that ii this surplus should be taken into
account at all it should be reckoned cor
rectly. the appellants claiming that there
was an apparent error of at least $500 IN
computing the amount of this surplus.
Messrs. ChaS. E. Allen and f. j Phelps for
plaintiffs; K. 5. Taft and f. r. Hard for
defendants.
Geo. L. Williams y. Edward tannery
was next heard This was an action of
troyer To recover for quantity OF hay and
oats and was tried by jury upon genera
issue The pllintif claimed to recover rs
the receptor of the attached property, on
n receipt signed by W. d. Hall as the
agent of defendant In the court below the
court held that the evidence was not
sufficient to authorize the paper to be read
to the jury as the receipt or obligation of the
defendant and excluded the same. There
upon exceptions were taken to this court.
Messrs. Spaulding and Roberts for plaintiff;
f. r. Hard for defendant.
The ease Of VIM. Gordon V. Chase and
Webster was next argued. This was an
action of general aSsumpsit for account and
advances made to defendants. Ii comes to
this court on exceptions by plaintiff as TO
whether party that buys judgment and
writes under an attachment for less than
the face Of judgment Is entitled 10 enforce
81 q d a -, . 10 nf Tho
assignee for the full amount-and whether
a party is entitled to the fall benefit of his
bid at sheriff sale where the bidder has
previous lien upon the property sold, IN
dependent OF the sum sought TO be recover
ed Messrs. L. +. Wilbur and L. L. Law
renee for plaintiff; II. ii. 1alcott and II.
Ballard for defendants.
The court adjourned for the day soon
after the commencement of the hearing in
the case of Julia Fuguere vs. Mutual Socie-
~ OF 81. Joseph and Trustee. This was an
action of aSsumpsit in favor of the plaintiff,
who was the widow of one Isaac fuguere,
who in his lifetime was member of ST.
Joseph Society in this city. The claim
arises under the bylaws, which at the time
of his death PROVIDE shat the widow of each
deceased member sLuGid receive 25c. day,
so long as she remained widow Sometime
bylaw in this respect and provided that
each widow should receive 25c day until |
she had received 5000, and that amount |
should be in full. In this case the Society |
paid the $500. and refused further payment |
and the suit was brought TO recover the |
balance due her over that amount at the |
rate OF 25c. per day. The main inquiry was |
the right TO change the bylaw in this res |
poet. K. ii. Start for plaintiff; Messrs. IL.
Ballard and W. q. Shaw for defendants.
FRIDAY, Jan. 9.
On the opening Of the court this morning
the court rendered decision on the Habeas
Corpus case heard yesterday. The res
pendent was discharged from custody on
the ground that the papers in the case
did not show sufficient cause for OBTAINING
her, on account of certain defects therein
As the record stood, the res
pendent was not obliged to testify at all.
The court did not pass upon the main
point in Issue. viz: The obligation under
the statute to restify where respondent had
procured her liquor, inasmueh as the de-
feet in the records was of character to
prevent there being consideration of the
objection urged.
After the conclusion Of the argument in
Figure IS. Mutual Society of St. Joseph, the
Ease of James Boyle vs.. Henry Parker was
heard. This was an action Of general as
umpsit for services performed under a
.peciai contract to labor for one year, the
slaintif having left defendants service
without good reason. Exceptions were taken
" both parties FIRST, as to whether the
plaintiff can recover at all, and second,
whether an offer TO compromise the claim
enders the defendant liable. c. j. Alger
or plaintiff; L. F. Wilbur for defendant.
a