Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-04-23
chi.teaien County Court.
APEII. TERM.

APIlI. TERM.
Hon. JOHN PIERPoINT, Presiding Judge.
Hos. THOMAS u. CHAPMAN, ,s.,st,r, b,.I,,as
Hos. EDGAR II. LASE,
A. j. IIowAEp. Clerk.
l.. A. DREW, SneriH.
II. :. PECE. States Attorney.
JAY READ PEMBEH. Court Stenographer.
\. V. SrALpING. Court Auditor
FERDINAND BEACH, High Bailin.
FRIDAY, April l6.
The case of McGrevy VS. Burlington was
given to the Jury at about $50 yesterday af-
tcrnOOn; and in about half an hour they
came in with verdict for defendant.
The first case taken up this morning mine
teen cases being passed by for various rcasons)
was u. ". Gjlberth 5s. the torn ofSt. GeOrge.
Plaintiff is a travelling peddler and on the
9th of April. 1879. while driving on st.
George highway his horse stepped into hole
in the road and suffered injuries which per-
mancnily famed it. Plaintiff valued the
horse Il: 800 and sues for that amount The
defence claim a fair condition of the road,
carclcssness on the part of plaintiff, and that
the horse was of much less value than
claimed.
J. W. Russell and Seneca Iaselton for the
plaintiff Henry Ballard and l.. F. Englesby
for defendant
SATURDAY, April Il.
In Gilbcrth vs.. St. George the arguments
were concluded yesterday afternoon and
Judge Pierpoint will charge the jury at
the opening of court this morning
Gilbcrth VS.. st. George was given to the
Jury at 10 O'Clock this morning and in about
an hour and half they returned with YER
diet of so for plaintiff. Court then adjourn
al until . O'Clock Monday afternoon.
knr;l
On the opening of court this afternoon the
first case taken up was that Of Mary A..
UIrker's ,rU, JudjH Dodge ct al, apis
The facts in this case, briefly stated, are as
follows: Mrs. Mary A. Wicker, whose
maiden name was Dodge and whose resi-
dcnce was at Rouscs Point, married for her
frs, husband one IIedding, who dying left to
her considerable estate and she also re-
ccived So, 900 from the estate of one of her
brothers, the late DIR. Daniel G.. Dodge of
Rouscs Point. After Mr.. Holdings de-
cease and in the year 1873 she married Rev.
VI. \. Wicker, Il clergyman at present and
for many years connected with the Troy
Conference of the Methodist Episcopal
church Beng stricken with a mortal dis
ease on the 1ilh day of April, 1879, being
then resident of Williston, where her hus-
band was stationed, she executed a will,
drawn according to memoranda furnished
by her, by William H. Root of this
city, and witnessed by Leet A. Bishop,
Jason Clark and Mrs. L. Foster, neighbors of
hers. This will left her watch and chain to
lady friend, her piano and siverware to
her brother and sister, her household furni-
turc and clothing to her mother and sister,
aud house and lot which she owned near
West ChaZy. y. Y. TO her mother and SIS
ter. The remainder of her estate, being
property TO the value Of about fifteen thou
sand dollars, she bequeathed to her husband.
\ few weeks after the execution of the will
Mrs. Wicker died. The will was contested
in the Probate Court and appealed to this
court on the ground of infornality in its
execution, the mother, Mrs. Judith Dodge,
the brother, L. G. Dodge, and the Other
members of the family being the contestants.
Henry Ballard for the will f. r. Hard
for contestants.
Tuesday, April 20.
Testimony in the Wicker will case was al
! taken yesterday afternoon and the argument:
commenced. They will be concluded thi:
. morning.
TUESDAY AFTERNOON.
/ The Wicker will case was given by the
court to the jury, who after brief absence
/ returned with verdict that the will is the
/ true will and testament of Mrs. Mary 4.
| Wicker, and should lie sustained.
| In the case Of George l.. Reynolds against
: the City of burlington, 10 recover damages
| for injury sustained ON the highway, n mo
4 ton for continuance was made by the coun
sci for the plaintiff. The affidavit Of o. E
/ Pinncv, who is claimed to be Il material wit
ness in the case. and Of his attending physi
clan, to the effect that he was physically
| incapacitatcd from attendance, were read by
Mr.. Start. City Attorney Tyler opposed tn,
! conlinuancy, and offered to allow Mr.. Pin
news evidence given on the former trial t.
be used in this trial Mr. Phelps argued tn,
| Importance of the witncss's testimony, anC
| the right of the plaintiff TO have the witness
| before the jury lie also called attention tC
some comments of the FREE Press on the
| decision in the case of McGrevy against Bur
| lington, as calculated TO prejudice the cas-,
of the plaintiff and prevent his having n fail
trial. Mr.. Burnap was proceeding to argu'
the latter point when Judge Pierpoint inter
ruptcd him with the remark that the cour
was provided with no machinery for 'muz
zling the Press
| The court then granted the motion fo
continuance, on the ground of the absence o
! an Importance witness.
/ The jury were then excused until to-mor
/ row morning, the trial of civil cases havin.
| been concluded. and the docket was called
WEDNESDAY AFTERNOON.
/ The day WAS taken up with hearings, etc.
| in various eases.