Middlebury register. (Middlebury, Vt.) 1886-1937, 1888-12-14
'Noplson CGn1v Cousr.

presiding Judge; Hon. j. j. Crane and
Hon. j. w. Barnes, assistant judges; r,
Wainwright, clerk; Howard Clark, sher-
iff; Chas. NJ. Wilds, States attorney;
Miss E. M. Ballou. stenographer. There
were in attendance several lawyers from
outside the county, including Hon. K. r.
Hard, Hon. Daniel Roberts and Hon.
Henry Ballard of Burlington and p. r.
Kendall, Esq, of Rutland.
The opening prayer was made by Rev.
A. F. Keith, pastor of the Congregations
al church. The jury was called, sworn
and charged. On looking over the jury
list it was found that of the II cases
thereon all but the following were to be
continued or had otherwise been disposed
of, leaving only these for trial: John l..
Thompson Sons & Co. VS.. A. p. Upper
and f. o. Porter; Andrew Balm VS.. A.
j. Cushman; VIM. n. Farnham VS.. Chas.
A. Chapman, apt, and Rosa M. Manley
VS.. Chas. l.. Bell.
The first case taken up was that of
John L. Thompson Sons & Co. VS.. A. p.
Upper and z. o. Porter. The plaintiffs,
wholesale druggists of Troy. N. Y,
sought to recover money due on bills of
merchandise bought by n F. Rider while
acting as agent for the defendants. 1t
appeared in evidence that part of the
merchandise, for the price of which re-
covery was sought, was alcohol. The
contract between Rider and the defend
ants provided that no Intoxicating liquor
was to be sold or kept for sale. 1t also
provided that the stock of goods was to
be replenished from the receipts derived
from the sale of the original stock. The
plaintiffs claim that they had no knowl-
edge of the provisions of the contract in
the prior part of the agency and that the
defendants were liable for the bills con-
tracted by their agent. The defendants
held that they were not liable for bills
contracted by Rider aside from their in
terest in the receipts derived from the
sale of the original stock, nor for alco-
hol purchased for illegitimate sale. They
also claimed that the purchase of alco-
hol by Rider in Vermont from the agent
of the plaintiffs was illegal and that all
moneys paid for alcohol so purchased
could be recovered by them and applied
as set-off. The jury brought in verdict
of S249.75 and costs for the plaintiffs,
and, further, to the defendants as set-off,
the price of one barrel of alcohol, $500
Eldredge & Slade and Hard for plaintiffs
Upper & Bliss and Stewart & Wilds for
defendants. The case will 90 to the
supreme court.
Then, on Wednesday afternoon, the
trial of Andrew Balm VS.. A. j. Cushmar
was begun. The case was tried two
years ago, resulting in verdict for the
plaintiff, but went to the supreme cour
and was sent back for new trial. The
plaintiff lives on Munger street, in tht
northeast part of this town. The defend
ant practices medicine in Lincoln. tn,
plaintiff wants damages for injuries which
he AYERS were inflicted upon him by th'
defendant, when, on Oct. 20, 1884, and 1
few days following, the doctor tried t.
make use of a catheter in treating him
The trial of the case will probably occu
py the rest of the week. Messrs. Wild
and Slade appear for the plaintiff ant
Messrs. Rider and Ballard for the de
fense.
The sheriff and his assistants hav,
been busy since the term opened and th'
criminal business promises to be heavy.
Guy Steadman and Meader Martin wer
brought into court, Wednesday, on in
formation of the States attorney, ant
each pleaded guilty to ten first offence
of liquor selling. They were fined $40
and costs each.
There are at present in the Jail Ed
ward Dillon, for assault with intent t.
kill; Joseph Lorraine of New Haven, TO
grand larceny, and Orman Lewis of Han
cock, for the same offence; Charles L. Bel
of Middlebury, for bastardy; Josepl
Murray of Ripton, for an offence the ma
ture of which is not disclosed.