Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-10-15
Chittenasn csunH ssrt.-septsnser fern.
Hon. JOHN PrERPoINr. Presiding Judge
Hon. Nathanisl Parker. Assistant
Hon. A. B. Halbert Judges.

Hon. A. B. Halbsrt Judges.
glrgffs .rs FRIDAY, Oct. 8.
The case VI Prouty We. Pease was conclud-
ed at noon yesterday. Shortly after the noon
recess they returned verdict Of SAT 81 for
the plaintiff The remainder Of the day was
occupied with the trial of Charles Bennett
VS.. Crane & Stacy. This was An action OF
assumpsit for the value ofplaintiff's services
as porter while in the employ OF defend
ants. The amount of plaintiff claim is 1925.
r. H. Start and R. p. b. Hewitt for plain
tiff Ii. Ii. Talcott for defendants.
The case OAR. Ii. Place VS. w. 0. Camp
bell. was then commenced. This was an &C
ton of general sssumpsit brought to recover
the price of set of Oampbell's patent milk
pans and coolers that were manufactured
BY the plaintiff on the defendants order in
the summer of 1873. One defence is that
the pans were not mads according to con-
tract and there has been an adjustment of
the claim BY a mutual settlement NJ. A.
Bingham and Henry Ballard for plaintiff
John S. Upper, R. P. B. Hewitt and K. H..
Start for defendant.
Immediately previous to the adjournment
of the court for the day, the jury in the
case of Bennett vs.. Crane Il Stacy, brought
in a verdict for the pl ntiff for $500, dam
| ages and costs.
The case of Place vs.. Campbell will prob
ably be given to the jury this afternoon.
| Stewart vs. Martin is the next cause marked
for trial.
SATURDAY, Oct. 3.
Only the opening argument by NJ. A.
Bingham, Esq, for the plaintiff, in the
case of Place vs. Campbell was finished yes
terday. The case will 60 to the jury this
forenoon.
AFTK Noon.
The case of Place W.. Campbell was given
to the jury this noon. The court then
Cook a recess till Monday morning.
MONDAY, October IL.
The case of X. K. Stewart vs.. II. p. Mar
tin was commenced this morning. 1t is an
action of trover brought to recover certain
note for sos. with lien attached. which the
plaintiff claims was given conditionally to
the defendant. viz as security for the title
which the plaintiff had in a certain horse.
which he exchanged with defendant for a
yoke of stays. These conditions having sub
sequently been fulfilled, the plaintiff de-
manded the return Of the note, which the
defendant refused 30 give up. claiming that
the conditions have not been complied with
BY tho plaintiff. Charles Sowles. NJ A.
Bingham and Henry Ballard, for the plain
tiff; A. c. Dixon. G. 5. Palmer and Z. K.
Hard. for defendant.
On conclusion Of plaintiffs testimony, in
Stewart vs.. Martin. a verdict was directed
for the defendant on the ground of the in
admissibility of parol evidence to explain
the note in question.
At the opening OF the court, this after
noon. the jury. in the case of Place vs..
Campbell, brought in verdict in favor of
the defendant
There being no further cause for tho Jury
they were discharged. The remainder OF
the afternoon was occupied with the calling
of the law docket.
WEDNESDAY, Oct. -.
The unfinished business of the law docket
was resumed yesterday morning, and ocea-
pied nearly the whole day.
The following State causes were disposed
of: State vs. Margaret McDonough, and
Isaiah Desautelle. severally pleaded guilty
of one offence of selling intoxicating liz uor
and were each fined $40 and costs
State vs.. Paul Robear respondent plead
Ell guilty OF assault and was fined $40 and
costs.
State vs.. solomon Francis; respondent
pleaded guilty of impeding an officer and
was fined $40 and costs.
4 mol pros. was entered by the States
Attorney in the cases OF State vs. Willie
Meehan; State VS. r. c. Rowe State vs.
Johanna Sullivan; State vs.. John Ferguson,
and State vs. George Murphy.
The following divorce cases were heard
LeonOra Barley vs.. Henry S Barley de- |
fendan: defaulted; bill granted for dcser-
ton, custody of minor children given to
petitioner Messrs. Whittemore and whee- !
Ter. attorneys for libellant.
Emma Simonds vs.. Solomon Sm0nds; de- |
iendant defaulted bill granted for intoler |
able severity, custody Of minor child, Geo. /
+. Simlnds, given 10 petitioner. libellant |
nay Resume her former name; l.. l.. Law |
renee. attorney iur libellaut.
Jennie Guyette vs.. Bruno Guyette; de- |
PENDANT deiadlted, bill granted for intoler- |
able severity II. II. Talcott, attorney for |
lbellant
Esther j. Abbott V. Perry b. Abbott, de-
fendant deiaul;ed, bill granted Tor deser-
ton. custody OF minor child. Ralph p, de- !
creed TO petitioner {. 5. Palmer, attorney |
for hbellant.
Celia Y. Ilurlbui vs. VIM. ". Hurlbut |
bill dismissed for want OF jurisdiction j. |
+. W heeiock attorney for lIbellant {. ". |
Witters. attorney for libellee.
At four O'Clock. the cuisines, Of the term |
having been concluded, A. Y. Spauding. |
E,4.. arose and said that at a meeting Of |
tho bar. held on the 29.h ult suitable resO-
lutiOns relative to the deceass of IL. Il. /
Smith. Egg . of Milton, were reported by /
Hon. Daniel Roberts, the chairman Of the /
committee appointed for that purpose which |
were adopted by tho meeting, ard Mr. |
Roberts was requested TO present them to
this court, previous 10 its adjourn nent.
Mr.. Roberts having been called away 10 |
attend the term Of the United States Court,
at Rutland. had requested him to present /
the resolutions at this time.
The resolutions appeared in our report .
OF the court proccedings,on the 29.h OF Sep /
TENDER
In presenting them. Mr. Spaulding, said
A.v. srAuLDNG's REMARKS.
Having been associated with tbs deceased I
10 the trial of a case. PrentiSs y. Powell, |
when be was 80 suddenly called from the |
bar OF this court 10 higher one. ! feel that |
should DO derelict in my duty as a lawyer |
and a citizen, II | should let this solemn |
occasion pass without adding few words |
as a tribute to his memory.
Clothed in the full panOply of noble /
manhood and exalted character. he fell at his |
post of duty, during the trial of case in |
which all of his powers and fidelity and |
skill and learning as a lawyer were enlisted. |
And understand that he tried to send |
dying message to me IN relation to the case,
but was too near that undiscovered cOun-
try from whose bourne no traveller re-
turns" to voice it or communicate it |
to any one in Ineligible signs or words
thus giving US another noble example OF !
the ruling passion strong in death, fidelity |
to duty. and the exalted character and dig |
nifty OF has profession. And | think may |
say without fulsome hattery. or unmerited |
eulogy, that ii. b. Smith was a man of /
many public, private and social virtues. | |
think | may safely say that he was good |
man and good citizen, Christian gentle |
man. a faithful and able lawyer and safe /
and reliable counsellor in mems affairs. |