Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-03-10
Us District and Circuit tCourt.-February Term
Hon. NATHANIEL SHIPxAN, presiding.
Wrnxrsr.y Mach

US. District and Circuit Court.-February Term.
| Hon. NATHANIEL SnlPxAN, presiding.
WEDNESDAY. March 1.
The trial of the first cause this term was
commenced Immediately after the noon re-
cess Yesterday. The title of the case is E.
b. Adams vs. S. ii. Kettell. This is an ac-
tion brought by the plaintiff resident of
Lowell in this State, for breach of warranty
and fraud in the sale of certain personal
property in Sheldon, Vermont The facts
in the case are briefly these The plaintiff
on June 25, 1873 at Sheldon, purchased of
the defendant a certain promissory note
and the vendors lien on certain properly
named in the note dated Nov. II, 1870, for
81 2.007, given by one Ii. K. Preston to said
| defendant or bearer, with interest annu-
ally. This note was given for certain per-
sonal property which said Preston bad pur-
chased of the defendant 1t being stipulat-
ed in the note that said properly should be-
| long to the defendant till the note was paid.
At the date of plaintiffs purchase there was
due on said note the sum of 1855 IS with
interest. In consideration of this amount
paid to him BY the plaintiff the plain tiff
AYERS that the defendant assigned to him the
note and lien and authorized him to enforce
the payment of the same at his expense,
while no well knew he had no such lien on
said property, whereby be deceived and de-
frauded SAID plaintiff. The plaintiff seeks
to recover for the amount be has expended
in attempting to enforce the title to said
personal property. Plea is the general
issue. Messrs. j. T. Allen, B. F. Ffeld
and L. p. Poland for the plaintiff Jasper
Rand and E. X. Hard for defendant
Before the adjournment for the day. the
following attorneys were on motion admit
ted to practice in this court Hamilton S.
Peck, of this city Iheophilus Grout, Of
Newport and Charles j. ROwell, OF Barton
Landing.
THURSDAY, March =
on motion Of Hon. L. p. Poland, Messrs. c.
5. Palmer, Of Jericho R. F. Parker. of
Wolcott, and NJ. A. Bingham. of Essex.
were admitted to practice in this court
The case of Adams vs. Kettell was given
to the jury at ten o'clock. Two hours later
they brought a verdict for the plaintiff for
1890 45 and costs.
The case of Daniel Mccarthy vs. Central
Vermont Railroad Company. Receivers and
Managers of Vermont Central and Vermont
and Canada Railroad Company. was then
commenced This is an action Of trespass
for an assault and battery upon the person
Of the plaintiff inflicted blythe agents of the
defendants in forclbly eiecting the plaintiff
from defendants train, FOR nSn-payment OF
fare. IN the evening of Dec. 10. 1874, when
about two miles north OF ST. Albans. From
the testimony in the case, thus far 1T appears
that the plaintiff. who vas a cattle drover,
was returning from market at Boston II
MOira, New York. ard when a short dis
tabce north of s.. Albaus, he was called
uD.p hx Enuductar II NJ Daal FIR tis
ticket lie presented pass which had
been issued by the Central Vermont line six
days previous to one a. D. Taylor, it being
what is called live stock ticket and mark
ed good IRON Ogdensburg TO Boston on a
freight train and rot transferable. On the
back it was endorsed good on passenger
train from White River Junction to Og-
densburg for fifteen days" The conductor
refusing TO accept the pass, and the plain
tiff declining to pay his fare. the bell was
rung to stop the train for the purpose of
ejecting the plaintiff. At this moment the
plaintiff testfes that he rendered the
amount of the fare to the conductor, who
refused to receive it. saying that having
signalled ID stop the train to eject him,
It was too late to accept 1t. This tender OF
the fare. the plaintiff says. he made a second
time Just as the agents of the company
selLcQ Ulm 10 put ullu OH tut u uc
plaintiff was iorcibly put out of the train,
leaving his OveroOat and lat behind him
his clothing being torn in the struggle.
lie subsequently walked to SSanton juno
ton, although much bruised and disabled,
as be claims, BY the violence used to eject
him from the train. The plaintiff claims
s., 900 damages. The defendants claim that
the pass offered was not. under their rules,
sufficient to transport the plaintiff spOn
their road; that the tender of the fare was
only made once and then not until their
agents were ejecting him from the car, and
no excess of violence was employed by them
| in ejecting IN the manner provided by the
statutes. At noon the plaintiff rested.
Messrs. W. d. Wilson. E j. Phelps and A
Hobbs for the plaintiff and Noble and
Davis for the defendants.
At eleven o'clock the grand jury came in
and presented FIVE bills as found by them
They were then discharged with the thanks
of the court.
At the opening of the court. this after
noon, on motion Of District Attorney b. F.
Fiield, II F. Stevens and Alfred A. Hall.
| both of St Albans, were admitted to prac-
' tice in this court.
FRIDAY, March 3, 1876.
The afternoon has been occupied with ar
guments Of counsel in Mccarthy vs.. Cen
tral Vermont Railroad Company.
The case will be given to the jury to-mor-
row morning.
SATURDAY, March 4th, 1876
The case of Mccarthy VS.. the Central YER
mont Railroad Company Receivers and Man
ayers. was given to the jury at O'Clock,
last evening. The charge Of the court was
exceedingly clear. terse, and able. At half
past six O'Clock the jury brought in yer
dict in favor of the plaintiff. Damages
| $500, and costs.
In the case Of the United States vs., Mari
on Bransied, the respondent appealed and
pleaded guilty to the Indictment. Tne re-
| spondent was indicted at this term, for at
tempting TO smuggle about three hundred
yards of silk, valued at 81 900. into this
| State. She was arrested at 81. Alhans on
the 29ih of last October. District AttJrney
| Fifeld briefly recited the facts in the case,
saving that in the early part of October the
silk house of Messrs Morgan L Co. Mon
treal, was robbed IF sone SIC COO worth Of
silks, and it had been suspected that the
silks fund in possession OF the respondent
were a portion of that burglary The wO-
man who accompanied the respondent
escaped when the seizure was made. Ine
penalty fixed by law was fine frOm $50 to
| IS 900. or an imprisonment OF TWO years
Messrs. II. [. Adams and Park DAVIS, OF
St. Albans. appeared for the respondent
They stated that the fhcers had never been
able to connect the robbery referred u with
the respondent that they were satisfied
that the respondent was the least guilty OF
several offenders; that she confessed her
| crime at the first; that she was a resilient
OF New YORK city, with a family OF i've
children to support, the youngest OF whom
was only three years oil age and too poor
even to pay to lowest fine that she had
been confined in jall ever since she
was apprehended; and that there
was no pretence that she had ever be-
fore been charged with any crime. and that
the crime she had committed was not re-
garded in the community generally as a
crime in itself, and they trusted that the
leniency of the court would be shown to the
prisoner. His Honor then sentenced the
respondent to imprisonment In the County
Jail at st. Adams, for SIX months
United States VS.. Henry l.. Severance was
next heard on the question of the amount
Of bonds to be given. This was also an IN
dietment found at this term against the re-
spondent, youth of 10 years Of age. for
appropristing letter belonging to a school
mate, and lying at the time in the postothce
at Cabot. in this State. Under the oircuu-
stances of the case as presented by his coun-
sci, j. P. Lamson. of Cabot, his bonds were
fixed at $500.
The remaining hour of the afternoon was
occupied with hearings in bankruptcy.
SATURDAY AFTERNOON.
There being no further causes for the jury
| 49, Nscoharuad OF ha at
the court this morning.
Hearings principally in bankruptcy
have occupied the court to-day.
A Washino.nn snecial SAYS: tie Presi