Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-04-04
oHITTE>DEN COUNTY COURT.
Opening OF the April Torm-First Case
on Trial.

The regular April term of Chittenden
county court opened Tuesday, Hon. Russell
5. Taft, presiding judge; Hon. L. B. An
drcws and Hon. j. $. Plat, assistant Judges /;
Orman p. Ray, clerk; Julius w. Russell,
States Attorney; Joseph Barton, sheriff !;
Adoniram Austin, high bsliff; Jay Read
Pember, stenographer.
Prayer was offered by Rev. NJ. d. Jump,
pastor OF the Methodist Episcopal church,
after which proclamation was made for petit
jurors. The trains not being in, only six
teen jurors answered to their names The
jury calendar was called, and Of the twenty
| cases fourteen were marked for trial The
jurors were then again called and were
charged by the court in the usual terms.
Adjourned to 2p nj.
Afternoon session.
AT the opening of the afternoon session the
case was taken up Of Josephine BirJy u.s.
Ell 7. HOlJyook. This is case under the
Civil Damage act, plaintiff bringing suit for
$4,000 against defendant for furnishing her
husband, James Bxby, with liquor under the
influence Of which he was accidently drowned.
MIR. Bixby was u laborer, = resident of
Wcstford, and had a wife and three children
dependent upon him for support. On the
2lst of May, 1881, he with neighbor
named Caswcll, went down the river
some Uine milc3 on fishing
trip, starting soon after noon. The couple |
stopped nj two or three places to get some
liquor, but intellectually, being told that the
seectmen had just been around and had for
hidden the sale of intoxicants. At Milton
village, it is claimed by plaintiff, Bxby
went to defendants drug store and there
procured one bottle Of whiskcy aud two of
rum. He and Caswell then went to the place
where they intended to fish, three or four
miles away, and there they found several
persons, who had a gallon of cider into
which they had poured a quart of alcohol.
All drank freely and under the combined
Influence Of the vari rs liquors Bxby became
much intoxicated In the course of the night
they were camping on the spot-he got
up and fell into the river and was drowned.
It is claimed for the defendant that the
drug store is Ownei entirely by defendants
wife, having been purchased by her with
money from her fathers estate thai ii Is
principally conducted by her, Mr. Hpbrook
giving his attention to his farm aud tauner>;
that ut the time of The drowning there was
| employed in the store asixteen-years- lid boy
| named Wright, VINO was an rrraud bny aud
| who was t allowed t. sell liquor tina Cas-
| well went t. the store and a~krd for liquor
and the boy fired HIM to Mrs.
| HDlbrDok. who refused sell hun any t'al
upon Caswell reporting this to KY, Bixhy
81 d til t lie could yet some II the boy ; AMI
that if he did procure any liquor at the
sfo i; WIS procured o. the boy ihr 'ugn
fraud and deception and that MIR. HulbroOk
WAS not responsible for the sale.
w. l.. Burn,p and E r. Hard for thu
plninlitf; G. W. Writer'S aud Henry Ballarl
| for defendant.
Testimony for plaintiff hal not been con-
| Guided at adjournment for the day.
The civil Damages Case Still on Trial.
The eutre day was taken up with the case
of Bixby vs.. IIolbrook, Wednesday, aud de
fendAnls testimony had not been concluded
at adjournment for the day. The most in
teresting feature of the trial was the APP
pearance on the witness stand Of Mrs. HUl-
brook who testified that she WAS the owner
Of Che drug store and that if the lad en-
ploycd 10 the store sold BiXby liquor, ii was
| in defiance of her eI pcit orders.