Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-04-11

concluded Thursday afternoon and arguments
were made by Mr. Burnap and Mr.. Ballard
for plaintiff and defendant respectively.
The civil Damages Case-verdIct for
the Plaintiff.
The jury Friday gave verdict for
plaintiff of $379.42 in the Civil Damages
case of Bixby vs. Holbrook. Mr.. Hard
made the closing argument, concluding at
$50 and Judge Taft then charged the
jury. After stating the form of action, the
provision of the law known as the Civil
Damages act, and the leading facts of case,
Judge Taft said the plaintiff must establish
by fair balance OF testimony, first, that she
was dependant upon her husband, second, that
the drowning of her husband was the result
of intoxcation; third, that the liquor uron
which he became intoxicated was furnished
by the defendant. AS to the first point, if
the jury believes plaintiffs testimony, she
| 'cds dependant upon her husband and he had
always provided well for her. Reviewing at
some length the testimony on the second
point, Judge Taft said that it was for the
Jury to say whether or not Bixby's death
was the result of intoxicaton. On the third
point the testimony was briefly reviewed
Ii was claimed on the one hand that Mrs.
liolbrook owned the drug store and managed
1t; II this is true, defendant is not liable in
this suit On the other hand, it is claimed
that the defendant was the manager of
the store and had an interest in
it; if this is 50, he is liable in this suit.
II it was customary to sell liquor at the
store and if Ryan sold Bixby liquor, the de-
PENDANT is liable for his act. There has been
testimony to the effect that the defendant en-
deavorcd to get Ryan out of the way and
that he tried to persuade another witness to
say that he had forgotten. II this testimony
is true it must be considered as adverse 10
the defendant. All of defendants books
have not been produced, though ample time
was given to procure them, and the fair in
ference is that they coHtuin evidence adverse
TO he defendant.
The jury then took the case and in about
an hour and half returned, as above stated,
with verdict Of 1919 az for plaintiff.
Early ". stokes.
The next case taken up. was thst OF
William Early Is, NEGLECT lStokt;. Some
time prior to 1872 defendant owed $3.50 to
John Early, brother OF the plaintiff Febru-
ary l. 1872, he borrowed $3.50 more f him
AID gave him note for 5000 He after
ward borrowed the monty elsewhere At u
lower rate of interest and paid the Early
note. Early had no use for tn, money
at the time, it ls claimed, and persuaded
HIM to keep 5000, giving new note
Tor that amount, Early agreeing to take his
pay in lumber. Stokes ihereupon proceeded
thousand feet of lumber Of Sl4,
and subsequently paid 1914 in cash. 10
the course of time John Early transferred
the note to William Early, who now sues to
recover the whole amount denying defend
ANS claim that II had been paid as above.
NJ. A, Bingham aud j. ]. Monaban for
plaintiff; L. F. Wilbur for defendant
Testimony had got been completed at adj
iournmen, fo. the day
satur days Proceedings.
Testimony IN Early VS.. ST kes was con-
cluded Saturday morning and the jury ex-
cused until Monday afternoon. The new en-
tiles were then called, after which court ad-
iourned until O'Clock Monday afternoon.
Mondays Proceedings
The case of Early We Stokes was given to
the Jury late Monday afternoon.
The case ueXt taken up WAS that Of H0p
kinS Fargo cS AarOR HortAeim In the
summer of 1879 the parties, after tie usual
formalties exchanged spans of horses. One
of plaintiffs horses had the heaves and one
of Defendants had some difficulty with its
eyes. Fargo gave Wortheim 1925 and a
heifer "to boot" and claims that Wortheim
agreed to refund Ss5 in case his horse should
become blind. That misfortune subsequent
" happened to the Inflated animal, but
Wortheim refused to pay back the $25 and
denied that he had ever agreed to do 50. The
| case was tried at the last term Of court, but
| the jury disagreed. III. n. Deavitt for plain
| tiff, j. w. Russell and G. w. Rrownell for
| defendant
| One Case Ended and Another Begun.
~ =. ,..,, % Fargo VS.. Wortheim was Civ
| en- to the jury late yesterday afternoon. la
the meantime the jury in Early vs. Stokes
brought IN a verdict of S2S.7 II IN favor of the
| defendant.
| The next case taken up was that of Fred
Patrick rs. Mitchell w. HinsdM Defend.
ant, as constable of vt. George, attached
some property on suit for $3.50 brought by
plaintf and took a receiptor therefore. The
rcceiptOr subsequently turned out to be val
ueless and plaintiff now brings suit for the
amount OF his judgment-Sl A V. Spal.
ding and W. l. Burnap for plaintiff Henry
Ballard for defendant.
Criminal Cases Taken up Wednesday
la Fargo VS.. Worthoim, the Jury brought
in rerdct of S3l for plaintiff
Patrick VS.. Hiusdil WAS dismissed for
want of jurisdiction, the court holding that
suit should have been first brought before
Justice.
The criminal calendar was then taken I'M.
State VS.. Robert Nultv, an indictment for
liquor selling, was mol. pros'd. State VS..
Azote Cole respondent fined So and costs
for in,oxication. State VS.. Parck Nc.
henzle, liquor, respondent fned $40 aud
costa.
ln the afternoon number of criminal
cases were called, but none were found
ready for trial. The court then set the ira
OF all these cases tor Tuesday. The Jurors
we're reused until p. IN. Monday and
court took recess until Thursday morning
at 10 O'clock.
For states Attorney, l.. F. Wilbur
To The Editor Of the free Press and Tirn.s