Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1891-02-27
United STATES COURT.

Arguments for Continuance In the Cases
of First National Bank of Plattsburgh
vs.. o. 4. Burton, ct ais, and Kellogg
VS.. Pond-othor Matters.
The February term Of United States
Circuit Court opened in this city Tuesday
at 10 O'Clock in the forenoon with Judge
Hoyt H. Wheeler presiding, George T..
johnson clerk, Frank Plumley district at
torney, Rolin Amsdon marshal, Thomas
Faley, Dennis Stearns and l.. n. Sprague
deputies. The proclamation was made to
the grand jury, who were sworn and then
charged by the court. They then retired
for deliberation. The proclamation was
given and the petit jury were called The
docket was next called and the following
cases wore marked for trial: First National
Banl. of Pittsburgh, VS.. O. a. Burton and
others; Harlan =. Kellogg vs.. Edmund
NJ. Pond; United States V. Andrew Fran
els; United States VS.. \. L. Freeman,
United States vs.. Thircsa Carney; United
States VS.. Anna Linncrt; United States rs.
Harmon Car twright; United States Ns.
Ezra La Point, United States vs.. Herbert
| IL. Beerworth.
Motions were filed and argued for con-
| tinuanc1 in the cases OF First National bank
OF Plattsburgh VS.. o. a. Burton ct al and
| Kellogg vs. Pond which were denied
in both cases The latter case was set for
trial Wednesday and the former for Wednes
day, March 4, at 8 a. III. Charles Il. Darl-
ing of bennington and John H. Watson of
| Bradford were duly admitted ns
attorneys Of this court upon motion
of Dstrict Attorney Frank Plumley. There
was one candidate for naturalization, who
was duly admitted as citizen of the United
States. The remainder OF the time was oc-
cupied by counsel for tho respective parties
! ia equity of Gerald b. Allen ct ais. vs.
| Horace Fairbanks and at 6 O'Clock court
| took recess until $50 and at the evening
session the arguments in the last named
case were completed Hon. Daniel Roberts
appeared for the orators and Hon. Henry
c. Ide for defendant and court then adj
journed until 8 n. NJ Wednesday.
United States Commissioner George f.
johnson gave his decision lii tue Louis
| Henri Mlneau case at the United States
Court rooms, Tuesday at n. IN. He held
| Mineau for eXtradition and further proceed
! ings are stayed upon order Of Judge W heelcr
pending an application for an appeal to the
! United States Supreme Court in the habeas
corpns proceedings. a hearing on said APP
plcation will probably be had during the
present term of the court
AL lne opening OIL W tuue5u1y session Oi
the United States Circuit Court the ease of
IL. 2. Kellogg VS.. DR.. +. NJ. Pond of Rut-
land was called up. This was an action
brought TO recover damages to the amount
of $40, 900 which the plaintiff a resident of
Chicago claimed resulted to him from the
defendants treatment following his injury
at Rutland. The counsel for the plaintiff,
j. c. Baker of Rutland and w. l.. Burnap
of Burlington having ascertained that med
ical evidence against their client asked
for an entry OF non-sult but Judge Lawrence
and T. W. Maloney counsel for the deten
dant objected After consultation be-
tween the lawyers in the case an entry of
judgement for the defendent was made
which throws the costs upon the plaintif
and relieves the defendant who is one Of
Rutland's leading physicians from a serious
charge.
in the matter of the habeas corpus case of
l.. II. Mineau, the application by the credl-
tors, Eugene Mineau, d. j. Foster and j..
\. Brown for an appeal to the United States
Supreme Court granted and citation
ordered issued to be made returnablc March
%. 1891. 1t was also further ordered that
a cost bond in the sum of $500 be filed as
security for the petitioners costs
John W. Gordon of Barre vas admitted
to practice as an attorney in tho United
States Circuit Court.
Court considered the petition presented
by W. l.. Burnap in behalf Of the firm OF
Mathew, x IIicho for a review and for the
reilquldation OF duties assessed on coo, 0uU
feet of pine lumber at this port 1t seems
that the duties We're paid under protest on
, the ground that the duty should be 81 per
! thousand Instead of -, the petit, IL .r-
claiming that, as the Canadian govern