Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-03-01

u n' Distrlct ana tireuit tour. February
Term.
Hon HOYT Ii. WHEELER, Judge.
d. b. skALLEY, Clerk.
GEO. z. FOSTER, Marshal
TUESDAY, Feb. 90. 1878.
The regular February term of the United
States District and Circuit courts was OPEN
ed at 10 O'Clock this morning.
Proclamation for the grand and petit
juries was made, and the jurors sworn. The
court briefly charged the grand jury, re-
marking that they were TO consider all
Offences brought to their attention by the
District Attorney, against the laws OF the
United States; that they were first to in
quire whether any such offences had been
committed, and if so by whom; that they
should not present any person for trial of
whose guilt of the offence charged they
had any fair or reasonable doubt that
twelve of their number must concur in or
der to present the indictment. Vernon p
Noyes, of this city. was appointed foreman.
The dockets of the District and Circuit
Courts were then called, during which the
noon recess occurred.
On motion of Henry Hayward, Esq, Of
Lancaster, N. H., Irwin W. Drew, of Lam
caster, N. H., was admitted as an attor-
ney of this court On motion of Hon. B.
+. Fifeld, Walter B. Smith, Of ST. Johns
bury, and A. A. Niles, of Morrisville, were
also admitted as attorneys.
The court then took a recess till two
O'Clock this afternoon.
WEDNESDAY, Feb. 81, 1878.
The calling of the dockets was con cluded
at three o'clock, Yesterday afternoon.
There being no jury case ready for trial, the
Jury were excused until this morning at y
O'Clock, when the trial Of the case Of Daniel
Mccarthy VS.. Central Vermont Railroad
Company, Receivers and Managers OF the
Vermont Central and Vermont and Canada
Railroad Company, will probably be COM
menced
The closing hour of the afternoon session
was occupied with bankruptcy hearings.
The following is the complete list OF
Grand and Petit juries in attendance at
this term
GRAND JURORS.
Burlington-Bennett Turk, OrviIle Sin
clear, Vernon P. Noyes, Heman W Allen,
Wallace Il. Brink.
Colchester-John Crockett. Warren II,
Barker, Olin d. White.
Essex-Stephen D. Teachout, d. Ii Ma
comber, A. f. Chaplin, Albert Barney.
Jericho-W. R. Macomber.
Richmond-Cornelus P. Rhoads, Saford
Colby, Alonzo K. Jacobs.
Shelburn-Walter A. Weed. Lee Tracy,
E. s. Rowley.
Messrs WIN. G. Shaw, Geo. L. Draper.
Homer Porter, l.. B. Howe, were excused
PETIT JURORS.
Burlington - Henry LOOMS. Henry
Green, L. d. Turrill, Geo. j. Stannard.
Luclus A. Isham.
Colchester-Murray W Thompson, Geo.
Daggett, Clark A Rood, Geo. W Sibley,
Essex Warren D. Ayers, Edwin An
drews, Hervy j. Buell.. F. C. Williams.
Jericho-E1mond Martin. E. IL. Lane,
L. B. Bliss, Fl. S. Wright.
Richmond - q. s. Whitcomb, Corey
Thompson.
Shelburn-Eli Palmer. James Denhsm,
Leslie Gregg, j. B. Sutton.
Williston-H. D. Crane. Horace lsham,
Martin Bradley. 7. c. Naramore.
THURSDAY. Feb. %, 1878.
At the opening OF the court. yesterday
morning, the trial of the case of Daniel
Mccarthy VS.. Central Vermont Railroad
Co. Receivers and Managers of Vermont
Central and Vermont ard Canada Railroad
Co. was commenced
This is an action of trespass for an assault
and battery alleged to have been inflicted
upon the plaintiff while being elected from
the defendants train for non-payment of
fare on the evening of December IL, 1874,
when two miles north of st. Adams The
facts are briefly these The plaintiff, who
was a resident Of Bombay N. Y. and a
cattle drover, was returning home from
Boston where he had taken a carload of
cattle. From White River junction to st.
Adams he rode on pass belonging to one
A. ID. Taylor. but which had never before
near, usad Shnrtlu q ftar Iearipu " Alkano
he was called upon by conductor I. NJ.
Deal for his ticket. In response he present. |
ed this pass, which was an ordinary live |
stock ticket, good on freight train from |
Ogdensburg to Boston, not transferable. |
and endorsed good on passenger train |
from White River junction to Ogdensburg |
for fifteen days" The pass was refused |
by the conductor, and the bell was rung to |
stop the train for the purpose of putting off |
the plaintiff. Notwithstanding, as the |
plaintiff testifes, he twice rendered the
amount OF the fare to the conductor he was
forcibly elected. The conductor is equally
positive that no such tender was made
until an unsuccessful attempt had been
made to put the plaintiff off of the train.
The claim of the plaintiff is for $1,000 for
injuries to his body and mind. The deien
dants claim that no more force was used |
than was necessary and this was in COM
pliance with their rules. Messrs. W. ID.
Wilson and E. j. Phelps for the plaintiff.
G. G. Noble, Park Davis and Hon. l.. p.
Poland for defendants. The case was tried
at the February term 1876 anda verdict
rendered in favor of plaintiff for $500.
At eleven o'clock the grand jury reported
four bills as found by them and one not
found. Thev were then discharged with
the thanks of the co urt