Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-12-15

term of court for Addison county opened
here yesterday morning with Hon. j. w.
Rowsll Of West Randolph as presiding judge
aud John Il. Weeks OF Salisbury and Elmer
son Holland OF Pantou, assistant judges.
The other officers Of tho court are Kent
". Merritt of Shorehnm, sheriff; Rufus
Wainwright Of Middlebury, clerk; Charles
N. Wild, Of Middlebury, deputy clerk;
Frank /. Fish Of Vcrgennss, states attor-
nay, aad Miss Ella Ri. Balou Of Rutland,
rsportar.
Cour: WAS opened with prayer by Rev.
r. q. Lyons of the Middlebury Baptist
church, after which Shoriff Merritt, for the
frat time made tie usual proclamations,
and the grand and petit jurors were then
called and sworn and given the customary
instr" jous. r. +. White Of Orwell was
exec 4 rom tho grand jury and Charles
il. lal-e O. Middlebury was summoned in
his pace Judge j. w. Barnes of Yer
genres was appointed foreman.
Casos for trial
Upon calling over the jury list these cases
were assigned for trial: George w. Fowle
VS.. Virgil w, Blanchard; Nicholas McCuen
VS.. Fuller G. Smith; war lens, etc, of the
First Episcopal society of Addison county
vs. Isaac L. Eells. ct al; Scott Severance,
appellant, VS.. Hiram Spauldng, ct al;
Mary Z. Page VS.. Frank Falby, and Louise
Hebert VS.. Il. N. keoler. Nirtuan Rich's
executors VS.. Caroline Buttolph, appellant,
was continued NJ. A. Munroo vs. Ii. c.
Potter ct al. and trustes, was marked for
court hearing, and three cases, d. A. Con
ger VS.. Patrick O'Neil, ct al, Susan NJ.
Halle administrator VS.. William s. Howden
and town of Woybridge VS.. William N.
Cushman, were settled and discontinued.
In regard to the Episcopal soci-
ETY. case, which comes up on an
appeal from the Probate Court, thors wss
some extended argument between counsel,
Mr.. Baker for tho defendants claiming that
there was actually no issue in the case to be
submitted tn jury, while Mr.. Wilds for
the or side contended vigorously that
there Yves. The question held open for
further light. No IVES ready for trial
and q noon = recess was taken to . T. N.
In the Afternoon the case of Nicholas Nc
Cuen vs. Fuller c. Smith was continued on
tie motion of Mr.. Smith after arguments
by MIR Smith for himself and by Mo'srs.
Fish ard Tuttle Tor the plaintiff. The Epis
copa society case against Eslls ct sl. was
then taken up for further argument,
the attorneys having looked Up tho authori-
ties during the noon recess. Mes5rs. Eaker
ard Wilds again made extended arguments,
and Mr.. Hard also argued for the plaintiffs,
MIR. Baker contending that the plaintiffs
must PROFOUND the contents Of tho lost will
and thus join au issue before going to trial,
and Messrs Wlds aud Hard claiming that
there Yves already on issue joined, that is 10
raw, what were the contents of the will
The court did not finally decide the will but
indicated that the decision would probably
be in favor of the plaintiffs. The argu-
rent of this was all the work of conse-
qusncs done and the court at 4: 80 o'clock
took recess till morning.
Ex-Congres,map Stewart, who recently
arrived home from Europe, was in court
during the afternoon.
Upon the sscembling OF court this morn
ing, Judge Roweli rendered his decision in
the question raised yesterday in regard to
whether there were any issues for jury in
the Episcopal Society VS.. Eells, ct al, will
case. The court thought that it would be
better that the petition be amended and
thus give the defendants chance to plead.
This will be done and trial will he had at
the present term.
The number OF civil cases for the jury
has now dwindled down to four.
The grand jury came in this morning and
reported four true bills found. They again
retired to resume their labors and will
probably be busy until Friday night.
The frat trial Of the term began this
morning. II il. George w. Fowls w.
Virgil W. Blanchard. 1t Is a repleyin suit,
brought to recover some belting and ma
chinery. Mr. Fowle is Boston man and
was the owner of the cd dlsused Cutter
Marble company mill. George Wright
operator for the Commercial Telegraph
company, had his office in what had form
erly teen the office of the mill. DIR. Blsnch-
ard bought OF him for SO, as the supposed
agent Of Mr.. Fowle, the property in ques-
ton and now Mr.. Fowle claims that he
never gave Wright any authority to sell
the property and seeks to recover that and
damages for Its removal and use Dr.
Blanchard claims, On the other hand, that
Wright showed him letter from Mr.. Fowle
authorizing him to sell the property, and
that he did not purchase it for himself in
dividually, but as the agent of the Ban-
chard Process Lumber company, SO that II
anyone was to be sued it should have been
the company and not himself. When Mr..
F0wle came here to investizate matters
Wright skipped out and has never been
heard OF since This was in the fall of
lS91 There was a good deal Of cross
wearing in the cGse. SteWar and Wilds
rpresertod the plaintiff ard Upper and
Button appeared for Blanchard.
There is no certainty as to how long the
term will last. Much depends upon what
tie grand jury shall do. On the docket
there are only five criminal cases, but
saou!d they al be- rricd they would not &C.
cupy much time But there are II divorce
cases, most of which will probably be tried,
and there are also number of court and
chGncery cases, SO that the term Is likely to
last well up to Christmas.