Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-04-14

Chissenden Comfy Court.-Aprii Tern.
HON. JOHN PIERP0INT, Presiding Judge.
H H.. sAsa1 s1.:. R4.I'1 Assistant Judges.
THURSDAY. April 8.
The trial of Bates vs.. Leclair was not
concluded till noon. Soon after, the jury
returned verdict in favor OF the plaintiff
for the amount of the first note and interest
to dste-being S54l.
FRIDAY, April 7, 1879.
On the coming in of the court, after the
noon recess. yesterday, the case Of Beplam
Fairchild vs.. The North Eastern Mutual
Life Assurance Co. of Brattleboro. W., was
taken up. This was an action of general
assumpsit on policy of insurance for $1,000
issued by the defendants. july A. 1874, on
the life of one Lorraine ID. Nay. of Milton.
VT, for the benefit OF the plaintiff. On the
3Oth of March, 1875, Mrs. Nay deceased,
having sufsredFfor the previous five months
from a cancer in the check The theory OF
the defense is fraud on the part OF the plain
Tiff. who had been the family physician OF
the assured, ard was also the agent Of the
defendant, a. well as their medical eg
aminer, and therefore a~s-e of the ply
steal incapacity of the assured at the
time Of the j. uing of the policy. Messrs.
C.. W. Writers, E. r. Hard and Daniel
Roberts appeared for the plaintiff. ard John
E. Wheeloek. A. V. Spaulding and K. )
Taft for the defendants At the beginning
OF the trial, defendants counsel suggested
two points which, in their opinion, were
fatal to the pleadings-one that OF variance
| between the plesdings and the policy otter
/ ed as eyidenee-the other that the suit was
not properly brought in the name OF the
plaintiff. The latter point was sustained
| by the court and the jury were thereupOn
directed to bring in verdict for the de-
PENDANTS. To this ruling exceptions were
taken by the plaintiff counsel. There being
no other case ready for trial, a recess was
taken TO this morning at nine O'Clock.
At the opening OF the court this morning.
the docket was called, but no cause was
found wherein both sides were prepared for
trial. 4 recess was thereupOn taken till
tomorrow morning at O'Clock, at which
time there i possibility Of finding some OF
the few remaining cases ready tor trial.
SATURDAY. April ;.
4 case ready for trial was finally reached
this morning This was the case oi the
Methodist Episcopal Society vs.. Elijah Lake
| and Trustee. IL i an action of general
assumpslt brought to recover the sum Of
$500. the amount Of the 81 description which
the building committee OF the Society in
Shelbnrn. assert the defendant promised
them he would pay towards the expense of
the new Methodist Church IN Shelburn The
defendant claims that his subscription wa
PROMISED on the condition that the church
should be free, that the slips were neither
- be -o.d or rented. and that previous To
. - Al rsfr aNFv a =
SUN promised. Mes>rs. ) Haz-itOn and
Il Ballard Tor plaintiffs A VsSpaldlng
and Daniel Roberts for defendant. At noon,
on the conclusion Of the opening argument
on the part Of the defendant. the court took
q recess till two O'Clock on Monday after
noon.
TUESDAY. April II.
The case OF the NJ T. Society v. Lake
was given to the jury at five clock, last
evening. They had not returned verdict
when the court adjourned for the day.
The trial Of the case Of John Fitzsimmons
". John Fitzgerald and wife was then com
menced. This l. an action Of tresspas- on
the freehold brought under the following
circumstances The parties 20 the suit are |
adjoining landhOlders, the town line be-
tween W estiOrd and [ nderhill dividing /
their premises. the plaintiff living in nler- |
hill and the defendants in WesifJri. In the 4
summer of 1874 COW belonging 10 the de- /
PENDANTS was attached by an off ,er for 1
one Luther Howe. Of Jericho, during 1
the absence OF the defendant John.
Mr. Howe being somewha; doubtful
a. u whom the COW belonged. made an
arrangement with the plaintiff. with the
consent OF the female defendant 10 keep
the animal until be should receive in~truc-
20
COW was placed IN possession OF the plain
tiff. Shortly after the daughter Of the de-
iendanI endeayOred to return the animal 10
the possession Of defendants and the result
OF the effort was general contest between
the families OF the respective parties during
which portions OF plaintiff fence was de-
strOYed and his meadow OverruD. JUS
tee suit was brought 10 recover for the
damages 10 plaintiff property and decided
IN favor OF the plaintiff. to which defend
ants requested al appeal which the Justice
refused TO grant and the case comes To this
court On defendants petition tor q new
trial The plea IS the general issue,
Messrs {. ;. Palmer and W. L. Burnap for
plaintiff. j. j MCnahan and i. V.
Spauldlng for defendants
At the opening Of the court. this morn
Tag, the jury in the case Of the N L. So
= A--A- 49, Az -AA- IL ANlA ttA through
their foreman, j. r Talcott. that they had
been unable TO agree, and that there was not
a possibility OF their agreeing upon YER
diet They were thereuDOn discharged BY /
the court We understand that when
they INST ent out they stood TO 1 in favor
Of the plaintiff. \ subsequent vote showed
q gain OF one for the defendant. in which
opinion they remained through the night. /
At eleven O'Clock the case Of FItz,im-
mons Is. Fitzgerald was given y the iury.
Shortly alter they brought in a verdict tor
the plaintiff ior $3.50 damages and his
costs.
The case o. Stats y. John Sweeney. an
Indictment for burglary, was called and on
reg aest Of respondents counsel i, was
marked Tor trial at two O'Clock this after
l0on. The docket was then called. after
which recess was taken to two O'Clock.
WEDNESDAY. Apri. L.
At the opening Of the court. Yesterday ,
William Henry Hare. OF this eitv. !
N motion OF Daniel Roberts. chairman of +,
be Examining Committee. was admitted to ,
he bar.
The case Of State IS. james Mcdonald .
vas inst heard IN a motion OF respondents ,
ounsel. K. II. Start. for q continuance. on
he ground OF the absence OF material Wit ,
lesses. Tie motion was not granted The
rial Of StaIe vs.. John Sweeney. of this city,
Vas then eonpenced. In this case the re- j