Middlebury register. (Middlebury, Vt.) 1886-1937, 1886-12-17
ADDISON COUNTY COURT.

county court opened at the courthouse
in this village on Tuesday morning last.
The officers of the court are Presiding
Judge. Hon. Russell 5. Taft of Williston;
assistant judges, Hon. VIM. 5. Wright of
Waltham, Hon. Myron Platt of Shore
ham, clerk, Rufus Wainwright; sheriff,
Howard Clark, I'd; States attorney,
Chas. NJ. wilds; stenographer, Miss f.
NJ. Ballou.
Prayer was offered by Rev. Mr.. Speare,
after which the petit jurors were called
and sworn
Among the out-of-tOwn attorneys pres
ent were Gov. Ormsbee and Walter L.
Wheeler of Brandon; Hon. j. {. Baker,
Hon. W. G.. Dunton and Geo. f. Law
renee of Rutland; Hon. +. Il. Hard, Hon.
Henry Ballard and 4. V. Spalding of
Burlington; Col. j. II. Lucia of Mont
peler; Hon. G.. W. Grandey, Hon. +. f.
Woodbridge and +. W. Smith of Yer
gennes; and c. +. Kingsley of Salisbury.
On the call of the docket it appeared
that Is of the 20 cases on the jury calen-
dar were likely to be tried. Five of those
on the calendar were thus disposed of;
:. Il. Cain vs.. Central Vermont railroad,
and town of Hancock vs.. town of Ripton,
continued W. W. Goodrich VS.. ID. l..
Sessions, and Cyrus +. Brown VS.. Willis
ID. Kemp, apt, judgment for defendant,
clerk to assess; W. y. Farnham vs.. Chas.
4 Nk-it Ia hn
The first case tried was that of Andrew
Balm Il resident of the east part of this
town, against Adolphus j. Cushman,
who practices medicine at Lincoln. 1t
was an action for damages for injuries
alleged to have been Inflicted on the
plaintiff by the malpractice of the de-
PENDANT. 1t appeared from the evidence
that on the Goth day of October, 1881,
Mr.. Bain accompanied by his niece, set
out from nome to 90 to Lincoln to visit
his brother-in-law, George Barney, who
resides there. On the way up, and after
reaching his destination, Mr.. Balm suf-
fered great pain, and DR.. Cushman was
sent for. He attempted to use catheter
on Mr.. Balm, hoping thus to empty his
bladder and relieve him. The doctor
succeeded only in causing the patient to
suffer still more acutely. This was on
Wednesday. The next day the doctor
came again and made another similar at
tempt, with no better result. Mr.. Balm,
according to his own testimony and that
l. :, -,
all the while. Finally, on Friday, his
relatives became alarmed and sent to
Middlebury for DIR. Sutton, Mr.. Bain's
family physician. who on arriving at
Lincoln, late on Friday evening, intro
duced Il catheter and took away from the
patient between three and four quarts of
urine. Mr.. Balm claims that he did not
get over the effects of the treatment re-
ceived at DR.. Cushman's hands for a
number of months. His testimony was
confirmed by that of several relatives.
DIR. Sutton was called to state how he
found the patient, to detail the symptoms
and to say what treatment he gave. The
defense was general denial and claim
that Mr.. Bain's trouble arose from peri
tonitis. The defense had DR.. \. Z.
Grinnell down from Burlington to testify
as an expert. DR.. Grinnell was put upon
the stand yesterday morning, and his was
the last of the testimony. Chas. NJ.
Wilds, Esq, then made the opening ar
gument for the prosecution and was fol-
lowed by w. w. Rider, Esq, and Hon. f..
| Il. Hard for the defense. Gov. Ormsbee
closing for the prosecution. 1t looked
yesterday afternoon as if the case might
not get to the jury before this morning.
The next case to come on is the Ripton
one of Howard against Bean.
The new entry docket will contain 40
court and Ii chancery cases. The out
look is that the term will last for two or
three weeks longer. 1t is understood
that State against Flint will be tried
again. =