Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1886-12-24
ADDISON COUNTY COURT.
Verdict for the plaintiT in the Malprac-
tice Case- Tho Morseman Cnsn.

MIDDLEBURY, Vt, Dec. 19.-Court adj
journed at noon yesterday until 10 O'Clock
Monday morning. The case of Andrew
Balm VS.. Dr. Adolphus j. Cushman fol
damages for malpractice was tried all day
Thursday and up to noon Friday. The
principal witness summoned for the
defendant besides himself was Dr.
A. p. Grinnell of Burlington. but
Dr. Grinnells testimony on the whole
was rather adverse to the defence than
in its favor. Messrs. WildS and Ormsbee
summed up for the plaintiff and Messrs
Rider and Hard for the defendant. Judge
TAFT gave the case to the jury in Il clear
ana concise charge. The jury spent most
OF the afternoon Friday in considering the
case, and in the evening brought in u
verdict for the plaintiff, for $275 dam
ages and costs. The case now goes to the
supreme Court on exceptions.
The next case brought to trial was Wesley
f.. Howard ct al vs.. l.. c. Bean ct AL x
the main plaintiff. Howard and Dan
fort replevned some cattle from the de
| PENDANTS and one of them was found DOi.
soned in the pasture a few days later ON.
The evidence is all in and the arguments
We're begun when court took a recess till
Monday. Eldridge and Slade appeared
for he plaintiffs and Wilds and Bliss for
! the defense.
The next case which will probably come
to thai is W. II. Smell vs.. p. =. Upper ct
~. Smell sues for false Imprisonment
! Mr.. Upper was special prosecution and
caused Smells arrest in behalf of the town
| for keeping billiard saloon. The claim
| is that the suit ought to have been
| brought in behalf Of the village and that
| therefore the special prosecutor and the
seleclmen are liable.
Frank Morseman, the respondent in the
! dam ltf i
that an information be filed against him
so that he can be tried at the present
term, and his application will probably be
granted.
Good Days work Done-Seven Appli-
cants for Divorce
MIDDLEBURY, Dec. 2O.-The trial of the
case of W. f.. Howard ct al VS. l.. c. Bean
ct al. was continued IN the County Court
this morning and took up the whole Of The
forenoon Mr.. Bliss concluding the argu-
ment for the defendants and Mr.. Eldrdge
summing up finally for the plaintiffs. The
jury came in about 3 o'clock with Il yer.
dict for the defendants, that the yoke of
oxen replevied he returned to them and
81 damages and costs.
The afternoon session was devoted en-
tirely to criminal cases, That of the
State vs.. G. :. Albee for selling liquor
was set for trial, In three cases for viola
ton of the dog law, State vs. II. c. Pow
ers, State ". & X. Brown and state vs.
Lewis GOnyea, the bonds We're all forfeit
ed and were chancered to $50
In the State ". George Buiio the re
spUndeut WAS alied on to plead to an in
formation charging him with a breach Of
the peace and al assault upon an old man
named Webb at Monktom last August
Mr. Webb was IN court and is 90 years OF
age. Bolio pleaded guilty to the infurma-
tlun and received II sentence of six months
"a the House of Correction.
Lewis Gordon of Addison was next call
ed npon to answer to an information for
he larceny of Il pair of harnesses from
Cyrillo Taylor Of Addison on the night of
the 10th of June. Gordon pleaded not
all the afternoon and is not yet finished
Gordon claims an aibl and that he was not
in Addison at all during the week Of the
larceny. states Attorney Wilds and Jesse
Stearna are prosecuting and Gordon is de
tended by j. NJ. Slade, +. f. WOODBRIDGE
and f. W. Smith
James w. Mitchell, indicted for burg
larry at Nergennes, pleaded not guilty.
Mijchel's case will probably be the next
Que tried. He is young man who has a
host of iriends and his counsel, j. NJ.
-lade and Henry Ballard, are preparing
The new entry docket is out and con-
taluS IL chauCery and a law cases. OF
the latter, I are applications tor divorce.
Arguments Made in the State VS.. Gordon
other Cases nispo.ed of.
MIDLLEBURY, Dec 2l.--The case of the
State v. Lewis Gordon, for larceny of har-
nesses from c. H. Taylor of Addison in
June, was continued in the County Court
I ba l,Ol la
day. The State put in strong rebuttal
evidence ON the point of the alibi claimed
by the respondent, and the defence put in
surrebuttal evidence enough to occupy
most of the forenoon session. The points
of the case are rs follows On the morn
ing Of the 18th of last June Mr.. Taylor
missed Il pair of harnesses from his barn
and suspected that he knew who stole
them. In following up his supposed clue
he found his harnesses in Winooski,
where they had been sold to livery man
named Lawrence. Mr. Lawrence and "A
merchant of Winooski whose name is
tlatt described the man who sold
where toward the end of June, in
such "A way AS to lead Mr. TAYLOR
to suspect that Gordon, whom he had not
suspected, was the guilty party. Gordon
llNtu Il near nelEnDOr To Taylor and en-
joyed the latter's full confidence. During
The trial Messrs. Platt and Lawrence
identified Gordon as the man who sold
The harnesses. The respondent set up an
allb and had numerous witnesses of the
uncle, cousin and aunt variety to prove
that he was in Cornwall on the night OF
the larceny and that he stayed there until
the following Sunday, so that he could
not have been the guilty person. Jesse
Slearns opened the argument for
the prosecution and occupied the re-
naming part OF the forenoon. After the
recess +. W. Smith made the opening plea
Tor the defense, aud was followed ON the
same side 10y j. VI. Slade. States attorney
! Wllds closed for he prosecution at half
/ past five, and court then adjourned until
| tomorrow morning
During briet ntermissions in this case
/ two other matters were disposed Of
/ In tile INST in ne the New Haven high
way, Mr.. Woodbridge made motion that
| the present commissioner be removed and
a new one appointed The matter Is one
IN which the people Of New Haven take a
great deal of interest. Judge Neazey APP
Ina 81 4 l..