Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1888-09-21
LXII, NEW SERIES VOL. XXXIV.

next of kin and who is to be benefited
by the judgment if one should be recov-
cred not being alleged, and there being
an uncertainty as to which section of the
statute the declaration is drawn under.
The counsel for the plaintiff are Hard and
Cushman aud for the defendants Henry
Ballard, Noble & Smith, }. p.
Ladd and G. w. Writers Jed
p. Ladd made the opening argl.
ment for the defendants, f.. r. Hard
arguing for the plaintiff and G. G. Noble
closing for the defendants. Decision was
reserved by the court. The same points
were raised in the case OF Addie G. West
colt, administrative, VIZ. the Central Yer
mont railroad.
The case of George w. Hurlburt VS.. the
estate of Wait Hurlburt was next taken
up. This is an appeal from the decision
OF the Probate Court giving the estate to
the three children of the deceased. The
claim on the part of George w. Hurlburt,
one of the children Of the deceased, is that
one of the three children, f. w. Hurlburt,
not be an heir. f. w. Hurlburt went
West several years before his father
died. He disappeared some time in
the summer of 1884 and has
not been heard of since, and it is claimed
that he died at that time. The only dis
puteed fact in the case is whether or not he
died before his father. 1n the latter case
his widow, now Mrs +. NJ. Sutton, would
have au interest i'll the estate. A jury
was impanelled in the case, and it being
near adjourning time the jury was eX-
cused until morning. w. l.. Burnap and
Henry Ballard appear for the plaintiff,
and w. p. Dillingham; J. j. Monahan and
A. V. SDalding for the estate.
Hiram King, of Westfori, who was ar
rested and put in Jail September 10, for
selling crops otherwise secured, was
brought into court and surrendered by
his bail on another charge of selling a
morse on which there was chattel mort
gage. The bonds We're discharged aud
King was remanded.
Court then took recess until 8 a. m.
Wednesday.
The Hurlburt Case rontinued-Eauclai
Gets Six Years in Prison.
At the opening of the County Court
Wednes day at 9 d. m., Judge Ross render
ed his demurrer in the railroad cases, sus-
tanning the decision in the case of John
E. Lavell, administrator, VS.. the Central
Vermont railroad, as to the first count
which was adjud ged insufficient, and over
ruling the demurrer aS To- the second count
which was adjudged sufficient to admit of
recovery in favor of the estate. In the
case OF Church, administrator, VS.. the
Central Vermont railroad, the demurrer
was sustained and both counts being ad-
Judged insufficient
The Case OF Hurlburt vs.. Hurlburt was
then taken up, ana owing to the sickness
OF the principal witness for the plaintiff,
the plaintiffs S sister, the case was contiu-
ued until next term at the expense of the
plaintiff. No other case being ready a
recess was taken until o'clock p. IN.
At the af f-ernoon session Eustls Eau
claire, who was convicted at the April
tel m, 1886, of setting fire to S. H. Weston's 5
barns in Winooski and who escaped from
jail While awaiting the hearing of his
case on exceptions in the Supreme Court
was brought into court and sentenced to
six years at hard labor in the States prs-
on and to pay fine of ST aud costs of
prosecution, and to stand committed
until sentence be complied with.
The jury list was then called over and
the case of Rogers VS.. Eli Peppin ard
Wilcox not being ready it was continued.
rhe case Of Henry Porter and wife vs.
trdEk tlyrn was set tot for the jury"
by lhe defendant, which means judg-
ment for the plaintiff ultimately if the
case is not settled. Ia the case of T. p.
Daily VS.. John German, the defendants s
counsel not beng ready, the case was also
set mot by the defendant for the Jury. 4"
No otner business being ready court took
n recess until Thursday at Q 4. NJ.