Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-09-27
Chittenden County Court. September Term.

HON HON 4 4. b D. d hnLs.ET A",,taat Judges,
Z. 5. PALNrE, States Attorney.
A. J. HOWARD, Clerk.
l.. A. DREW, sheriff.
JAY READ FENDER, Stenographer.
FRIDAY. Sept. 20.
The Phoenix NJ l.. ms. Co. vs.. Herrick
was given to the jury at half-past five
O'Clock, yesterday afternoon, after lengthy
rhsrge by the court.
The trial of the case of Benjamin Fair
child admr. of Lpraine D. Nays estate W.
New England Mutual Life Association will
be commenced this morning. This is an
action of covenant upon policy Of insur-
snce which was issued by the defenda on
the life OF deceased in the month of July
1874. The assured died in the following
April, from the effect, as is alleged of can
cerous discharges proceeding from cancers
in the corner of the mouth. The defendan
claims that the assured had these cancers
at the time the policy was issued to her.
and that both she and DR.. Fairchild. who
is the beneficiary of the policy were aware
OF the fact at the time the application for
insurance was made. Messrs Z. r. Hard
and Z. W. Writers for the plaintiff; X. S.
TAFT. j. Z. Wheelock and E j. Phelps for
the defendant.
The case will probably occupy the re-
msinder of the week.
The trial OF Fairchild admir-. VS.. New
England Mutual Life Association was COM
menced this morning. 1t will probably
occupy the attention OF the court for three
or four days. At hali-past ten this morn
ing the jury in the case of the Phoenix
Mutual Lilo Insurance Compay came in
and reported through their foreman, Hiram
Traeu that than h1a m q nd
they were thereuTon discharged.
SATURDAY. Sept. 81.
The defendant testimony, in the case Of
Fairchiid admr. VS.. New England Mutual
Life Association. which has occupied the
attention of the court since yesterday noon +,
is still unfinished. Pending the examins-
tion Of DR.. NJ. Goldsmith, of Rutland, call
cd as an expert in diseases. especially of a
cancerous nature, the hour for the noon
recess occurred. and the court adjourned IN
til two O'Clock on Monday afternoon.
TUESDAY,. Sept. 81,
The defendants testimony in the case of
Fairchild. admr vs.. New England Mutual
Life Insurance Company, was closed yes
terday afternoon The rebutting testimony
will probably not be concluded before to-
morrow.
"WEDNESDAY, Sept. %.
The testimony in the case of Fsirchild
admir-. vs. Tho New England Life Insurance
Company was closed at three clock yester-
day afternoon. The opening argument in
behalf of the plaintiff was made by Hon. E.
R. Hard. He was followed by Hon. E. } .
Phelps for the defendant. The case will be
given to the jury to-day.
THURSDAY, Sept. 26.
The Grand Jury, having concluded their
inquiries, came into court at eleven O'Clock i,
yesterday morning. with their report.
OF the thirty cases brought to their at
tention, they returned six bills not found.
In the remaining twenty-four cases they
found true bills.
The following is their
REPORT.
State of Vermont, Chittenden county: Report of
tho Grand Jurors upon the County Buildings.
Be 1t remembered. that at term OF the county
court, holden at the city o. Burlington, in and Tor
raid county, on the third Tuesday OF September,
A. ID. 1873, The Grand Jurors within and for the
body of said county, now here In court. duly en-
pnnelled and sworn. concerning the county build
ings respectfully report:
That we have examined the Court House. and find
the zane we'll adapted to the purpose, in good
state Of repair and Kept In . neat condition. 1t is
suggested however, that the closet at the end OF the
corridor near the court room, should be ventilated
and improvement in that particular is recommend
ed as necessary.
We further report that we have examined the
county and are OF the opinion that this building,
though not modern In all Its appointments Il rea-
sonsbly safe for the confinement o; prisoners, and
is. under all the circumstances. fairly adequate in
capacity to meet all exguncies.
At this time. It Is true. the jail Ia much over
crowded, and the present Jail sy stem to remain
in vogue the building would obviously be wholly
inadequate but in view Of the recent legislation by
virtue OF which workhouse has been established
where large proportion OF the inmates of our ail
can 10 confined and compelled TO labor for tneir
support and the benefit OF the State, the Grand
Jurors Of the opinion that shall soon be re-
leyed from the burden OF keeping a large class of
prisoners to such degree that tho Jail will afford
ample accommodations for that class Of criminals
required 10 be kept there.
The aud Jury further report that both the sew
erHge and ventilation Of the jail nov exceeding
ingy bad, and that immediate steps ought to lie
taken to put the building in such state OF repair
ms TO make It wholesome. though II be not pleas
ant place OF confinement.
The Grand Jurors find that the inmates Of the Jail
are well kept and fairly treated, and that good dis
cipline is maintained under tho present efficient
mana cement, hut would suggest that some improve
mont mi ght we'll be made in the way OF ny the
cells and main appointments In more clean and
tidy condition.
respectfully submitted.
JonS l.. MASON. Foreman.
The case of Fairchild, admir-, vs. the New
England Mutual life insurance company
was given to the jury at the close of the SEES
sion. last evening, tho entire day having
been occupied with the arguments of Hon :.
4. j. Phelps and Hon X S. Taft for the de-
iendand. and U. W. Writer'S, E.q.. for the
plaintiff. and the charge OF the Court.
The next cause marked for trial is Pottin-
gill ct ux, apees. vs.. Gallup, apt.