Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-12-31

~ tfhAlshAlsi NA~E - lildl ItlGtplOlt
mentioned in our columns, in which the
town of Bradford appears rs defendant and
Ira Melendy as plaintiff. The plaintiff
claims that while driving along one of the
highways in the town of Bradford at an early
hour in the morning, his wagon came into
collision with stump which had slid down
upon the road during the night, and his
horse ran away. He was thrown out and
was struck on the back by portion of the
wagon, sustaining injuries which, he claims,
resulted in the partial paralysis of his lower
extremties, for which he sues the town for
so, 900 damages. Three trials have already
been had, in the first two of which the jury
disagreed, but at the last trial a verdict of
Sc, 666. &C was rendered for the plaintiff
This was set aside, however, by the Supreme
Court and now for the fourth time the OPP
posing counsel have arranged their forces in
battle array The defence is: First, a gen.
cral denial; secondly, suiliciency of the high
way, and thirdly feigned paralysis. There
was room enough il is claimed for the plain
tiff to have avoided the stump and if he was
injured in the manner described it was
through his own negligence and not because
of any fault of the town. Regarding the
paralysis, it is alleged that Mr. Melendy is
pretender, and score of prominent physi-
clans are witnesses on this point. The plain
tiff permits the physicians to stick pins in
his legs their entire length and also to make
many other tests with the view of demon
strating the fact that he has no feeling in the
parts said TO be affected. He exhibits no
emotion when these tests are applied, and 50
far has batied the medical experts of the de-
Tense. The latter desired at the last trial TO
apply the other test, which is said to be in
iallible, and which consists in placing the
patient ON table and administering ether
When partly under the influence of the
drug some one shouts in his ear
that he is falling, and if he is
feigning he makes an involuntary effort
to save himself. If, On the contrary.
he is really suffering from the complaint
named, no movement of the body is discern
able. Mclendy refused to permit this test to
be made, on the ground that it might endan-
ger his lite, but evidence was subsequently
adduced showing that the plaintiffs phys-
clans had applied the test privately and that
no movement of his limbs was detected.
The defendant submitted Il number of report
ed eases Of fcigned paralysis, all showing
that Il person OF great endurance and indOm-
liable will could undergo every test that had
One hundred and twenty-Scven witnesses
were sworn al the last trial and two weeks
were occupied in their examination. the
trial entailiu.s i cost Of many thousands of
dollars.
Ely rs NERsmrE JrDGE PoLAND's
AEGuNrxr The argument Of Judge Pc
land bci'F, a special committee of the Legs
lature, il ~. psition to the bill to rechange
the name of the town Of Ely to its old name
of VerShii,. makes rather lively reading
We copy few passages
We hav.. here an issue-il IL b., al ISSUE -wI.ca
does not liNulve the slightest material cOuse-
lurnce in the world. II Is not OF one cent or one
flrthlngs pecunlary Importance 10 any living hu-
man being 10y whai name this SIN miles of territory
over the mountains Is called. II won't produce any
more potators II won't produce any more timber
u won produce any more copper ore under one ~
hose nam $ man Il VIII under the uiucr.-n'r am
less Il Is purrly a question Of sentiment and Will /
nothing else. And therefore am about the poor ]
81 man III tir world in he called upon 10 discuss !
H. ami ny brother Heath Is The brsI man because
can say of him Is Artemls Ward SAID of his boy
lud don't say this IN any lnvldious sense. Arte-
PLAYING onto Il loot; his boy Augustus. he SAID
was an ethereal cuss.' Ilaughter.l 81 II needs
come gentleman of his peculiar etherIdlness 10
Irsue upon subject which has nothing IN II but
VIII and sentiment.
Many years ago there was discovery of copper
re IN this town. For a long time il extraction
vas carried on in desuitOry and {, chle way, and
vas Of no advantage either to the miner, 10 the
own or 10 anybody else until few years ago
when Mr.. Ely became Interested I'm The property.
nd soon honght majority of the stock wish
on knew HIM rs well Is do. Although he Is now
more than eighty years ot age more en'crprislng
nj vigorous gentleman cannot be found IN TIT
hole country gentleman " no takes the person
] supervision of this immense business, the entire
oversight OF the operations lie has bull up. out
Nj nj h4Yf ffarfrr a.Nff
men, one uf The largest and most prosperous indus
rics IN the stale ut vermont. There Is a village
here near the mine, whose inhIbiiants-mOre than
ne thousand IN number get their entire support
rom II. M brother Heath SAYS, that although
lrre-quarirrS of the people OF the town and three
uaricrs Of the legal voters wish 10 have The town
ear the name of Eiy instead Of the name OF Yer
hire. Vet these folks OF nn consequence. They
III not grow out OF the soil OF Nershire. .
The theory OF this Government IS thai majOrities
llr. Onr mans vote Is Just good anOther'- /
ut NV brother Heath stands up before you aud
ItS. My clients are the gods OF the hills. Moses
pear with his wings covers a thousand acres"-G ,
ftsen hundred. forget which. Are these men
he voted down by \ regiment ot YOUR CORNISH ,
liners, your Mae ami Your OS: The wish OF one Of ,
lesc men should outweigh with YOU the wishes of ,
nee or four Of these Cornshmen. Is thai the Kind
doctrine that prevails In the country ? But let
see II these goods OF the hills bear out all of my
iUther Ileath'- eucomiumS. | inquired OF some of ,
&c witnesses IN regard 10 the amount OF land that
pSeS spear owned, and they said that Mr.. Barrett
Nncd good deal more than he did. Mr.. Barrett.
YOU Know, Is classed with these Corushmrn. lie
not one of the 'hluc bloctls" who were born and
red IN Nrr@hire Heights It ia not very hard to |
'c what ais Moses Spear In the old DAYS when
le Democratic party ct which he - member,
al the asccudincy IA town, MI. Spear was one OF
: chief slchems He was one ot the bosses and
m things Pretty much ~ he had a mind To. Now
~ scrptrr has departed from Moses; he has fallen
ON his high estate. and The fall has made him =
lnl- and Grabbed. n II the fate of an OF us who
,ll public office To get put Uui after n while.
hav, been through the mall myself. We live our
-lrf ia, a. public men. and then We are elected
'b.. - ms A. Moses "A H. IL mn
nrst OIL than am hut he doesn't bear his fate
sar As well. Laughter and upplauSel lie doesn't
kc 1t n kindly, II Is bitterness and gall Tor him
see others step In and occupy the places of au- \
crity In which he once SAT himself. That's what's
e matter with Spear. You him, gentlemen
ne VI these nerce men, Looks as wild as n cata-