Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-06-07
Addison County Court

HON. JOHN PIERPOINT, CHIEF JUDGE.
Hon. u. II. sARGsSr' Assistant Judges.
RUFUS WAINWRIGHT. Clerk.
ISAAC NJ. TRIP. Sheriff
F. f. WOODBRIDGE, States Attorney.
HENRY OyIATT, StenograpSer.
The June term of the Addison county
court was begun at Middlebury, Tuesday
Besides the members of the county bar there
we're present from abroad Henry Ballard,
f.. r. Hard and L.. l.. Lawrence, Esq, Of
Burlington, and George NJ. Fisk, Esq, oil
Mortified. The officers of the court are
Hon. John Pierpoint, presiding judge,
Hon. d. Ii. Sargent, Hon. X. d. Heddon,
assistant Judges; Hon. F. +. Woodbridge,
states attorney; Rufus Wainwright,
county clerk Isaac NJ. Trip. sheriff and
Henry Oviatt. stenographer. After prayer
had been offered by the Rev. Mr.. Rawson
pastor of the Methodist Episcopal church in
Middlebury. the following gentlemen were
sworn in as jurors
Grand Jurors-Charles Merrill. Addison;
j. j. Crane, Bridport; F. ID. Vinton,
Bristol; Isaac l.. Ellis, Cornwall; Michael
Ball, Ferrisburgh Daniel W. Rogers.
Granville; George Sparks. Leicester S.
NJ. Colby. Lincoln; Gardner Z. Cady,
Middlebury; Frederick Skif, Munkton !;
George p IIathorn, New Haven !: j. W.
Boynton, Orwell John Houston. Ripton !;
NJ S. Sheldon, Salisbury; Myror Plat,
Shoreham Enos w. Sprague, Starksboro {;
q. +. Stevens, Vergennes; A. j. Stowe
woybridge.
Petite Jurors-s. } Everest, Addison; J.
o. Hamilton, Bridport; A. Z. uassel-
tine, j. X. Ferre, Bristol Charles W..
Lane, Cornwall: &. Ii. Mallory. Jonas
Clark. Ferrisburgh R. NJ. Brown, Goshen :;
Levi j. Clough. Granville John b. Oar
ling, Hancock Frank Chandler, Leicester !;
A. I. Morgan, Lincoln J. b. Douglas, j..
B. Chsmplin, Middlebury Amos W. Bar
mum, Henry H. Stilson, Monkton; A. A..
Farnsworth, Josiah Cowles, New Haven !;
W. b. Wright, A. s. Murray, Orwell R.
T. Bristol. Panton; C. A. Phillips, Ripton !;
A. E. Whitney. Salisbury; E. A. Richard
Kent Merritt. Shoreham; Spencer W.
Mead. Rollir W. Carl. Starksboro; j. W.
Parker, NJ. d. Hall, Vergenncs; Harry
Evarts, Waltham; W. B. Hurlburt, Wey-
bridge; Z. B. Pond. Whiting.
Judge Joshua W. Boynton, of Orwell,
was appointed foreman of the grand jury.
Judge Pierpoint addressed both juries
briefly in regard to their duties and par
ticularly in reference to the important
criminal cases which will DO brought to
their attention.
At the close of the forenoon session q
meeting of the bar was held, and commit
tees were appointed to draw up resolutions
of respect to the memory of the late States
Attorney, George k. Chapman, and to re-
k, IL ha
taken up with the civil cases, and next
week, it is expected, the case against Deacon
Smith will be begun.
MIDDLEBURY, June 5th, 1873.
The civil docket is very weak, and it is
doubtful if any cases are found .or trial by
jury. To-day's assignment was run
through in a few minutes, and at 10 O'Clock
the court took recess till tomorrow
morning. Ii viii probably be difficult to
fEd employment for the petit Jurors till the
grand jury makes its report. 1t is believed
that Batchelder, if indicted. will have his
case continued.
Yesterday afternoon tine ca sc of Chester
kingsley, of Salisbury. vs.. James Fits
and Elijah Avery, of the same place,
an action OF trespass in the case to receive
Sl79. IA and interest. was begun and taken
INC July uitci thc pihihtih iSstSA'
The plaintiff testified that the defendant
Avery came to him in June 1875 and sold
him claim against John NJ. Dyer, of
West Salisbury, to the amount of Sl2l.54.
for one hundred dollars; that Avery as
surej him that the claim was good for its
face and that the reason be and his part
ner Fits wanted to sell it was because they
needed ready money; that he subsequently
sued the claim and that 1t turned out that
Dyer had an Offset and he was defeated that
he now sues to recover the face of the claim
against Dyer and interest, and the costs,
which he was obliged to pay, in conse-
quence OF Dyer's beating him. and interest.
Messrs. Henry Ballard and Charles +.
Kingsley appeared fo- plaintiff; Messrs. E.
r. Hard and Ormsbee, the defendant Fitts's
counsel (Avery making no appearance)
claimed that the brief did not come up to
the declaration in regard to the fraud nee
essary to sustain an action Of tort, and Sec
0nd, that even il it did, there was nothing
to connect the fraud with their client, Fits,
the whole transaction having been done by
Avery. The court allowed the plaintiff to
amend his declaration and gave the defend
ants continuance, the plaintiff taking no
costs.