Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-06-20
Addison COu nty Court,

The first case on the docket Thursday
morning was divorce case. Frances A.
Foley VS.. Patrick Foley. The parties live in
Leicester and the ground of action was in
tolerable severity. Bill granted and custody
of three minor children decreed to the
ibelant. E. j. Ormsbee for petitioner
The motion for new trial in the case Of
Hannah Wooster VS., Dan Warmers execu-
tor was argued at some length. 1t was
claimed on the part of the defence that there
was some newly discovered evidence, which
had not come to light in time to be presented
to the jury In the late trial and which
would tell heavily in favor of the defence if
a new trial were granted. The case was
aryued by Messrs. Sade and Eldredge for the
rnotion and by Mr.. Hard against. The
court took the papers and reserved his de-
csion.
Mary A. Dean vs. Wheelock Dean, di-
vorce case, was next tried. The parties resid-
ed in Salisbury. Some filthy evidence was put
into the case in the shape of letters written
by the libellee while he was teaching school
IN Lincoln to girl living IN he house where
he boarded. Some of the letters were writ
ten in cypher, but the key had easily been
found and the letters were thus translated.
The letters were extremely disgraceful pro.
auctions and tended to show illicit relations
between Dean and the girl. Dean has been
away in the West for two years and during
that time has contributed only two dollars
to the support of his wife and children. The
case was thus based on a claim of adultery
and refusal to support. No defence was put
10. Chas. f. Kingsley for the petitioner.
Tbe court took the letters in the case, which
were not read in court, and after dinner
announced the decision granting the bill on
the ground of adultery and giving the pcti.
toner the custody of the child
The case of Charles A. Smith VS.. George
and Isaac Smith was next on being tried by
che court. The parties live near Vergennes
The plaintiff had purchased horse which
he was leading home behind his buggy
When passing the defendants place {
vicious dog owned by the defendants rushet
out at the led horse and scared him so tina
he jumped up into the back part OF thu
buggy damaging it considerably and knock
ing Mr.. Smith out and severely injuring him
At about that time the horse which Mr.
Smith had been driving ran away aud wa
cut W good deal about the legs, so tina
it took long time to bring him back to hi
former condition. This horse was wort
800. Mr.. Smith brought the suit to recove
for the injuries 10 himself, his horses and hi
buggy. The defense denied the OWNERSHIP
OF the dog and asserted that it was not vic
ous but nice, bright, clever shepherd dog
Grandey and Woodbridge for plaintiff; Slad
and Hard for plaintiff. Case with the court
Twoliquor prosecutions viz, State VS.. Emil
Hill and State VS.. Clifford Demo- have bee
mol pressed Several ether liquor cases wer
continued. Court will adjourn to-day.
Court came in at 10 o'clock Thursda
morning and announced decisions 10 the 70
lowing cases:
Amos Wilmarth vs. Joseph Collette ct
judgment for plaintiff on report of audito
Hannah Wooster VS.. Dan Warmers exec,
tor Verdict for plaintiff for $500. Motto
for new trial filed. Motion overruled judi
rnent for plaintiff entered and case certife
back TO probate court.
Oh &C. SCOT v, q 90 nd Isas
Snli4. Case trlod by court On Thursda,
Judgment for the plaintiff, the curt holdin
that the dog causing the injury was suil
GENTLY under the control Of the defendant
that there was no contributory negligence G
the part of the plaintiff and that the plail
tiff was damaged to the amount of $40
Exceptions by defendants.
j. Il. Buttolph vs.. Village of Miidlebur
This is considerably muddled case
which one of the vexed questions W,
whether the town or the villaj
Of MiddleburY should be the secor
party in the case, it having arts,
out of a petition to lay out a highws
through Mr. Buttolph's land on the Bridpo
road into the Catholic cemetery. Report
commissioners accepted and highway c
tablished. Judgment against village f
damages and costs to the amount of S17
Land 10 be opened for working by April /.
1885 and road to be completed on or /
July l, 1885. Damages and costs tc be pa
by the first of next September, Exceptio
in behalf of the village and execution staye
Slade for Bu!tolph and Wilds for village.
Kingsley va. White. This cause had be
whitfield down until it had merely become
question OF who should pay the costs. JUG
ment for defendant and exceptions by pa
tiff.
A little routine business was transact
after the announcement of these deciso
and court then adjourned to re-conycne
Wednesday, June 20, for the trial of M
Marian Catlin, the alleged Goshen husba
poisioner, which the prosecution, Messrs.
w. j. Hawkins, States attorney, and III,
+. j. Ormsbee of Brandon, expect to
ready to begin. This however, is as
matter OF uncertainty and it is very D
sibe that the trial will not begin on the d
named after all.
A tr.mn ia mt nanaeea ril,, n =, ante, H.