Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1891-04-24
CHlTTeNDsN COUNTY COURT.
The Case Of Hard. Admin, VS. Central YER
mont Railroad Company Being Heard.


vs. A. A. Graves, was resumed ct the as
sembling Of court tn ursday morning Judge
Haselton closed his argument at 10 O'Clock
He was followed by Mr.. Wolcott and Mr..
Ballard for the defendant, the Iatter's nrgu-
ment was finished at 245 and the closing
argument was made by Mr.. Foster, who
finished at 4 O'Clock. The court then charged
the jury and gave the case to them shortly
after D o'clock.
In the case Of J. w. Lavigne, admins
| TRAITOR, VS.. A. A. Graves, which was to
recover damages for the Hing OF one
Gero in 1887, while working in Graves
quarry on which the jury retired Thursday
the verdict was opened at the assembling OF
court Friday morning. II was for the
defendant who was also allowed oosts
An information was fled in County Court
against Edward n. Shattuck for third
offence of selling liquor and bail was fixed
at $500 and w. II. Lane jr., became surety
Most of Friday was occupied IN hear
ing the case Of Laura T.. Terril VS.. Eli o.
Terrill. This is an action brought to re-
| coyer $3.50 which plaintiff claimed defend
ant owed her. The evidence was completed
at O'Clock and the arguments were limited
| by agreement to one-haf hour on side
At $3.50 the court gave the case to the jury,
aud after being out short time they
returned a verdict for the defendant. s.
II. Davis OF Richmond appeared for tho
plaintiff and D. j. Foster aud ". L. Burnap
for the defendant. The court then took
recess until s. a. M, Tuesday The
case OF Eleazer r. Hard, admr., VS.. the
Central Vermont Railroad company is set
for trial but complications may arise which
will delay it.
W. j. Donahue Of Colchester Point, was
t,I ta1, laf
Friday by Sheriff Reeves for violating
the fish laws. He was charged with shoot
ing eight pickerel and the court bound him
over in $500 bouds.
County Court convened Tuesday morn
ing at O'Clock after the recess with Judge
j. w. Rowel OF West Randolph presiding.
Toe of Eleazer r. Hard, admir-. VS.. the
Central Vermont Railroad company
taken up and the clerk called the special
jurors summoned for the purpose follows:
Burlington, Heman w. Allen, John f.
Peck Albert G.. Ieirce, Albert c.. Spauld-
ing, George w. Whitney, Andrew |. Good.
hue, w. j. Van Patten; Charlotte, George
w. Narney; Colchester, X. j. White, S. H.
Weston; Essex, F. A. Beach Hiuesburgh,
David X. Patrick; Huntington, o. j. Tom
linson Jericho, w. n. Pierce; Richmond,
Ezra Bates, c. p Rhoades NJ NJ. BATES;
Shelburne, Charles Russell; st. George NJ.
W. Hensdale; Underhill, Philetus b. Smith;
Westford, John Howrigan, +. B. Macomber;
Wiliston, W. II. Metcalf and Frank Will
kins. Twelve OF them were Immediately called
by the clerk and the work of excusng begun,
finally resulting in the following being chosen.
W. j. Van Patton, George W. Narney, Ezra
Stevens, o. j. Tomiinson, +. b. Macomber,
George W. Whitney, r. j. White, w. a.
Metcalf, Philetus B. Smith, d. X. Patrick,
Charles Russell and Edgar A. Beach. At
| 055 the jury were sworn and the court ex-
cused all of the other special jurors called
for this purpose and also the petit jurors
until May at o'clock, unless other wise
ordered by the clerk Hon. L. r. Hard,
ex-Gov. w. p. Dillingham;, c. NJ. Wilds, J.
| f.. Cushman are counsel for the plaintiff,
while Hon. c. w. Writers, G.. A. Proutv
and Hon. Henry Ballard appear for tue
company. Mr.. Hard made the opening
statement for the plaintiffs and Mr.. Wit
tiers for the defendant. The case arises
from the death OF A. a. Wheeler OF Fitch
burgh, Mass, who was in the Hartford
| bridge disaster. The suit is brought by +.
| r. Hard as administrator.
The plaintiff claims that the railroad COM
pany is guilty of negligence, the same as
has been claimed In the other cases growing
/
eral denial that the company is
responsible for that accident, with
the additional claim that if 1t
were responsible Wheeler released
the cause OF action in his life time, since
some three months after the accident Mr..
| Wheeler settled with the railroad company
! and gave it a release under seal. This
suit is brought for the benefit of the next of
kin, and tho plaintiff claims that W heeler
had no power to release this cause of action
for the reason that it did not exist until his
death. The law question thus raised ID n
very novel and interesting ono, and has
never been decided in any reported case In
this state. Tho afternoon was entirely oc-
cupled bv plaintiffs in reading deposltions
They will. however, probably close their case
to-day, and the present understanding is
that the jury shall 20 and examine the place
of the accident Friday. The case will prob
ably last until the latter part of next
week
During lull in the proceedings Tuos-
day morning Daniel Roberts ca.lel up the
bastardy case OF y Brien against McNally
and argued before the court for the plain
tiff, to compel the suretie, to comply with
the order OF the court made last Septen-
ber ID. j. Foster appeared for the de
PENDANT and motioned TO have the writ re
turned and amended by the officer. Judg 20
Rowell took the papers and reserved his d .
cison.
The case Of T. r. Hard, admir-, VS. the
| Central Vermont railroad company was re-
sumedatlthe assembling of court " ednesday
morning The plaintiffs consumed the day
, in putting in dispositions and examining one
Witness Henry W. Tewksbury, who testi-
fed of the accident AS he mas on similar oc-
casions, and abstracts of the dispositions
have all been printed in the FREE PRESS.
The plaintiffs offered the settlements aud
attempts to settle by the company's agents
with various people injured in the accident
as evidence in the case, but the defendant
objected, whereupon, the court excluded il,
saying that it had nothing to do with the
case, to which ruling plaintiff took excep-
tions.
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