Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1888-09-28
ou1rrENpEN COUNTY COURT.
The Entire Session Thursday Occupied by
the French WI Cnse.

At the opening of Thursdays session of
the County Court the French will case, in
which +. Beach and w. l. Byington are
proponents of the will of Minerva French,
and Warren f. French contestant. This
case WAS appealed from the Probate Court
and from the decision of Judge Wales al
lowing and establishing the will of Min.
erva French, late OF Jericho. The contest
ant claimed first, that the will was not
duly executed according to statute re-
quirements second, that the testatrix
was insane, and had not sufficient ca
pacity to make a will third, that undue
influence was used over her by some per
SONS IN the making of the will; fourth
that 1t had been altered since it was
made. At the close of the evidence the
counsel for contestant stated to the court
that his only claim won be to the jury
! that the will was not properly executed
| The will gives one half OF the property of
| the testatrlX to Albrrtine b Lee, her
| daughter, and the use of the other half to
| the con estant, and if Albertlue LETT no is
| sue, aud dld not dispose of her half dur
| ing life, 1t Is given to the Home for Desti-
tue Children in Burlington, aud the half
| given to the contestant, If he lett no issue,
was alter his decease given to sad home
| w. q. Shaw opened the argument for
proponents. II. Ballard ana j. j. Mona
han argued for the contestant Friday
morning, and l.. f. Wilbur closed the
argument for the proponents. The prop
cry willed Is worth about 81, 800
The French Case Occupies Most of the
Time on Friday.
Most of the time of the County Court
Friday was occupied by the French will
contest, Warren French contestant.
Henry Ballard argued for the contestant
and l.. f. Wilbur closed the argument for
the proponents in the forenoon and at the
opening of the court in the afternoon the
court delivered a clear charge to the jury.
The jury We're directed in their verdict to
find whether the entire instrument pro-
duced in evidence was the last will
and testament of Mrs. Minerva French,
and if not what portion of it, if any part,
was her last will and testament. And the
jury were also directed TO iiud whether or
not the witnesses of the will understood
that the instrument they witnessed was Il
will. The court charged the Jury in sub.
stance, that in order for them to establish
the instrument rs Mrs. Freuch's will they
must find it was executed according to
the statute, and tnat if they should
find that she wrote into it or
attached to it any writing after il was
executed, that portion could not be treat
schedule of property attached to the will
by a fly leaf that bore date one day after
the date of the will, and the court told the
| jury it was for them to say whether that
| fly leaf was attached at the time the will
WAS executed. The court charged the
jury that it was not necessary that the
witnesses should know that the paper
| they witne ssed was will, but they must
| know they were attesting Mrs. treucu's
signature. But as the counsel for con
testant claimed that it was necessary that
| the witnesses should know that the
paper was XIII, the court directed the
| jury to fad specially rs to whether the
| witnesses understood the paper was q
will The jury found specially thai the
witnesses un ierstood that they were wit
| Messing will, and rendered their verdict
establishing the entire instrument iuclud-
Tag the fly leaf, as the last Will and tesla
nIent OF Mrs. French.
This verdict will probably save any
| further litigation in the matter.
The grand jury made their report about
| 3 O'Clock aud were DISCHARGED. The jnry
| found II true bills, the most of which 1t is
thought are in liquor cases.
A Lively Day for the Trade in County
Court-lmprisonment and Fines.
At the opening of the County Court
Monday afternoon the criminal docket
was taken up. Amldee Beau of Winouski
| pleaded guilty to Il second liquor oiTence
and was sentenced to one months i'm
prisonment in the House of Correction
and to pay a fine and costs amounting TO
about so
Louis Ladam of Winooski pleaded guilty
to Il second offence and was given a sim
liar penalty. Michael Moore OF Burling-
ton aud John Lessor of the Malletts Bay
House pleaded guilty to five offences each
and were sentenced u pay a fine with costs
amounting to $50 each, j. j. Sullivan
| pleaded guilty TO one offence. His attor-
ney, j. A Brown, claimed that it should be
as OF one first offence, and the court took
the case under consideration, Sullivan fur.
uShlng bnll in the sum OF 500. John
Hall OF jericho pleaded guilty to the
charge OF intoXicatlor and was fined so
including costs.
la the cases of State vs. Thomas Lynch
of Burlington, Edward McGreavev of
Wlnooski AID Mrs. Georgia LeeC OF Essex
Junction, in which the respondents were
charged with second liquor offence, bad
WAS adj Judged forfeited, and a warrant
will be issued to bring them into this or
ony subsequent term of County Court.
IL the cases against John Dillon who ran
away TO escape an Indictment for liquor
. selling found at this term, bail was also
adjudged forfeited.
The cases of the State against Joseph
Mcdonald Of White River junction, tol
; trying to wreck Il train near the Lime
Kiln in Colchester and against Patrick
> Collins and John Martin were set fol
trlal.
The case of the State VS.. William Lang.
lois of log cabin fame, for selling liquor
: was continued as the respondent Is a
present serving out a term for the sam,
: offence at the House of Correction.
u In the case of John Martin il is reported
that one OF the witnesses for the Stat
was offered a considerable sum if he wOul,
a not appear and the matter Will be investl
gated. If the charge is proven agains
Martin it will be serious thing for MN
c Hiding Place for Liquor Discovered.
:, Deputy Sheriffs Reeves and Power
l. searched the saloon of Thomas Lynch las
? Mond. y and secured two jugs of whiskey
) two bottles OF gin aud one jar of Medfor
rum. The liquor WAS found artfully col
'; cealed in the floor of the barkeeper's rUoI
; on the second floor. The officers fouu
the carpet tackled down near the door bu
loose at the side of the room, and turuiu
il back Il loose board was seen under whic
d was the hiding place, large enough to hol