Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1877-01-24
Orange County Court.


The winter term Of the court came 10 an end last
thursday morning, having been in session four
weeks ana three days. There were nine jury
TRIALS, three OF them suits against towns for in
Jury on the highway, and twoof them state cases
VIM H. Arnold, OF Iunbridge, convicted Of adult
terry, was sentenced to five years in the state
prison. His case goes to the Supreme Court ON
exceptions; but he preferred 10 take his sentence
now and have his time running on in case the ex.
ceptions should be over-ruled
DIVORCES
The following divorces have been granted in ad-
dition to those already published In this paper:
Della II. Tilson from Leroy g. Tilson, bill granted
for intolerable severity, and custody Of the child
Edith +. Tilson, decreed to the petitioner: Mary
l. Davis from William II. Davis, bill granted for
wilful deserton; Ruth Wallace from F. A. Wal
lace, bill granted for wful desettion and refusal
to support, custody Of child Fred Wallace given
to petitioner, and real and personal estate in pos
session OF petitioner given to her as almony
Joseph l.andon from Margaret landon bill granted
Tor intolerable severity and adultery; Lyman Dem
lson, I'd, OF Chelsea, u.s. Harriet Denison petition
10 annul the marriage, on the ground that the pc
uuonee was subject 10 a decree OF divorce from
bed and board granted in Massachusetts, which
ala not permit Of her marrying again, was heard
and the decision reserved
GREAT EXPECTATIONS.
Among the new entries are four suits brought
by Smith Ely, Of New York, the president of the
Vermont Copper Mining Company, in vershire.
against Charles Barnard Joseph j. Bcknell and
other parties, in which the plaintiff claims dam
ages amounting, in the aggregate to about four
| huuIrpd thpuaanI for 10.
him the property Of the Vermont Company, he
claiming that when they sold him the Carleton
farms so-called in vershire, they represented to
him that the sale conveyed the mineral right, or
the right to mine for copper ore, when in fact il
conveyed nothing but the property, the mineral
right being excluded These mining SUITS in
various shapes have been upon the law and
chancery dockets Of Orange county for several
years and have given employment to many able
counsel Judge Redfeld and Governor Dillingham;
had to be permanently engaged OF late years
Colonel Farnham and Mr. Clarke have been Mr.
Eys main counsel, and Hon. John W. Rowell has
acted for Mr. Bicknell. Very recently it is re-
ported that Governor Peck has been engaged by
the Bicknell side and Judge Poland by Mr. Ely
Messrs. Noble Davis & Smith, of St. Albans are
of counsel for Mr. Barnard, defendant in OF
the new suits
| MEDICAL EXPERT TESTIMONY
| The case Of Carlos W. Gilman u.s. the town of
STAFFORD, offered a striking illustration of the
uselessness Of medical expert testimony in actions
for personal injury. The plaintiff, who halls ="
from Vershre in this state, went to Boston few
years ago and carried ON an clearinghouse In the
spring of 1874 one of his hips injured by a
falling range, and fever following, he came to
STAFFORD during the summer and visited his IA
ther-in-law, Alanson q. Smith, Of that place. On
the evening of the 18th Of April. 1875, he was re-
turning to Smiths house from his brothers. War
rem c. Gilman, in Vershire, and was driving dow Il
the hill by Ilatchs saw-mill, between the Center
village and South STAFFORD, when, as he claims,
] he against log which had rolled into the
road was thrown from his sleigh and severely
q injured, much in fact that in time he suffered
total paralysis of both legs and the right arm
partial deafness, impairment of the voice and los
> Of virility. The town defended on the ground
- first, that the highway was in good repair; bu
it was pretty evident that the logs for the use Of
n the mill had been piled up on both sides of th'
o road without much care; that the road was mad,
very narrow thereby, and that after the frost be
If gan to come out of the ground several OF the log
q rolled into the travelled track But the main de
II fence relied upon by the town was, that by reasoi
Of the injury to his hip, Gilman had been unabl
to walk without crutches for many months pre-
vious to the alleged accident, and that he had de
" clared to many trustworthy witnesses that hi
= health was ruined and that he was going bac
to Boston to 90 into the hospital and die
. The town contended that Gilmans injuries
il real, were caused by the ACCIDENT to his hil
> and that he had no real claim on them for dam
e ages The plaintiff, on the other hand put i
evidence to prove that he had very nearly, If nc
e already recovered from his hip trouble preyiou
a to the accident, and that he intending to II
u turn to Boston to re-engage in business the da
a after the accident happened Each side put o
II several doctors. DR. A. b. Crosby, of New York
y and DR. S j. Allen, of White River Junction wer
> the leading experts for the plaintiff, and Di
C. p. Frost, of Dartmouth College, DR.. f. 1
u Phelps Of Windsor. and DIR c. W. futile, of Lii
u Teton New Hampshire, led the medical SdrdH
!, for the defendant The lesser lights sat in til
i court house, listened TO their leaders, and swor
as near like them as their intelligence and discr,
5 ton dictated Which side was the poor jury t
1t believe? DR.. Crosby and his associates swoI
It that the plaintiff had lost forever all power
VI motion and all sense of feeling in both liml
u other doctors called by the town, testified that
'e was shammng' totally or in part The trut
is that the physicians, instead of making then
selves, as they ought, unbiased searehers aft'
n truth, behaved as bitter and partial advocates
Of the side upon which they hired If there
ut any value at all to medical expert testimony
'r actions for bodily injury it must necessarily d.
g pend upon its impartality An expert is in Il
aud x.ha mol
e. called, differ so Numerically in their opinion. 8
IL they did in this case, the layman cannot help di
IF trusting their learning their skill and their trus
he worthiness. DR. Phelps, with fatal candor, a
t. knowedged that he went to Gilman's exann
e ton as partisan, having seemingly no idea thi
A. it was at all wrong II so distinguished phi,
~ stefan entirely unconscious of his dut.
he what eau we expect Of the rank and file 1t ma
n well be doubted If au ordinary country phi!
stefan, who for years has treated childbirth
tx typhoid and scarlet fevers, the measles, whOopn
cough, and very little else is an expert in cas-,
H. of spinal disease, and a strong suspicion exist
among those familiar with their testimony this
most OF their knowledge is derived from
"cram" on Erichsens work. and an attentiS
lie listening to the testimony of the Professor who
t. always put upon the stand first by the discreet
a torneys OF the respective slues. II lheyi Hh
OF other witnesses forbidden to hear each oth'
IL testify, it is questionable il their opinions woul
We be quite as decided or congruous. No one vii
e. heard this case could doubt that the jury woul
v have been fully as competent to determine
We without the medical testimony Ms with it. III
ID case lasted from Monday afternoon till Saturda
evening. Some one hundred and fifty wtness'
ID were examined and more than dozen depos
or tions were read 1t was argued very exhaustivel
s. and ably by Mr.. W Clark and Judge Polan
H. for the plaintiff, and Messrs Grin Gambell an
IS, J. W. Rowe for the defendant Mr.. S, B. Hebar
us put in the testimony for the plaintiff with grei
e, skill, and Colonel Roswell Farnham rendered va
1T liable assistance to the defendant The verdict
lie three thousand dollars for the plaintiff, The cas-
10 now goes TO the Supreme Court,
w The State Agricultural College OF Texas al
" nounces that, "as it is an unalteiable principl
u engmfted on the constitution and laws to proven
u an admixture OF the white and colored races
at the common and higher schools of learning, an
y" as there are now measures pending before II
legislature looking to an early establishment of