News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1888-12-06
LamciIle County Court.

The December Term of County
Court opened on Tuesday at Hyde
Park, with Hon. Homer E. Royce,
Chief Judge, presiding, assisted by
Hon. A. NJ. Kelley and Hon. S. A.
Andrews, Associates. Mr.. Kelley en-
tiers upon his second term, while this
is Judge Andrews first appearance.
Sumner" makes a very good appear
ance on the bench and will doubtless
sustain the dignity of the court Miss
Benham of Burlington acts as official
stenographer. Court was opened with
prayer by Rev. Mr.. Ward, and the
court called by the Sheriff, Milo S.
Burnell, who performed his maiden
duty with noticeable ease and dignity.
He has the bearing of an excellent
officer, and will unquestionably, quiet
ly and efficiently, perform all the obi
cations resting upon him as guardian
of the public peace to the entire salts
faction of the people of the county.
The usual members of the bar of the
county were in attendance, including
Gov" Bingham of Stowe, who not
withstanding the rout of the Demo
cratic party, is as kind-hearted and
genial as ever. From out of the coun-
ty we noticed J. c. Burke, of Newport,
a frst-rate fellow by the way, who will
shortly after next March devote his
entire time to his profession. w. D.
Stewart of Bakersfield, and Judge Shaw
and 7. w. Russell of Burlington, were
also in attendance.
The Grand and Petit Jurors were
called by the Clerk, with the usual
faye" or 'here" as they were num-
bered by the Sheriff. A. H. Keeler
of the Grand Jury, having served on
the Petit Jury within two years, was
excused, and ]. A. Andrews of John
son substituted. E. w. Smith and ].
w. Smith, being postmasters, were
also excused; Horace Wait of Eden,
and Chauncey Croker of No. Hyde
Park were drafted. o. G. Harris on
account of illness in his family, was re-
lieved and his place filled by Frank
Kenfeld of Morrisville. Judge Mud
gett of Cambridge was made foreman
of the Grand Jury, which is very in
telligent body of men, and from whom
good work may be expected.
The charge of the court to the
Grand Jury was very able, and re-
ceived many compliments from the
bar and spectators for its clear and
concise expressions and delivery; and
his charge to the Petit Jury was no
less able. The Judge Justly censured
town authorities for putting names on
a jury list and thus allow to be drawn
as jurymen men whom they would be
to have sit on case of their
own. The best men should be Sc
lected for jury duty.
Only six cases appeared on the civil
jury calendar, and all were disposed
of by continuance, reference OF settle
ment, excepting one, H. G. Fancher
VS.. Frank StearnS and Hiram Stearns.
This was an action for false warranty
Of horse, brought before Geo. Mon
-eith, a Justice of the Peace in John
son. The case came up on appeal by
Defts. and the law point presented to
he court previous to trial was the jul
-isdiCtion of the justice on account of
lis being an unnaturalized foreigner.
1t seems, from remarks of counsel, |
hat Mr.. Monteith was not elected but
received his appointment as Justice
rom the Governor. The court held
that the justice had no jurisdiction,
and the case passes to the Supreme
Court on exceptions by Plff. B. A.
Hunt and P. K. Gleed for Plff.; Wal
10 Brigham for Defts. This closed
he civil jury calendar for the term.
There are eleven cases on the old
criminal docket, an assignment of
which was set for trial on Wednesday
morning. by States Atty Powers. who
makes his way successfully into the |
ntriCacies of the criminal law. We
'redict for him satisfactory per-
of his duties.
The happiest man in court Tuesday
fterRoon was ''Heme" Waterman.
The divorce case, Hawley VS.. Haw-
~, Stowe parties, was dismissed-the
ontestants having made up.
The liquor case of State VS.. Sulham
vas continued by request of Atty. for
2espt., owing to absence of an i'm
)ortant witness.
In the case of State VS.. Fisk, Ex-
States Atty. Parker, having a thorough |
knowledge of the affair, was appointed |
o prosecute the same.
The Burlington Lndebendent of last
week says : Tomorrow Assistant
Clerk Powers of the House will as
sumo the duties of States Attorney
Of Lamoille County, and a good one
ne will make, too"
For the first time in nearly a score
Of years, Lanpher was absent during
The first day of court. He is overseer |
Of poor for his town and he was COM
PEELED to be absent on business per-
aiming to that office.
During the first day the case of
Sarah NJ. Camp VS.. H. w. Camp, E.
more parties, dispute over boundary
inc, was announced as settled. The
olff. gets one cent damages and SIS
:oSts, the line being as Plff. claims.
The officers assigned to the charge
# the Grand Jury are Deputy Sher-
ifs Doane and Stevens, while depu-
les Raymore, Lanpher and Parker
lave charge of the Petit Jurors. The
'ther deputies attend to the outside
business. Il