Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-10-19
COUNTY COURT.


III the case OF SCarH vs. MUIR was continued
through the forenoon and into part of the
afternoon session His redirect cxamina-
ton was then begun by Hr. Ballard but he
was withdrawn from the stand in order THAT
the defendant might call other witnesses
who were in waiting.
f. f.. Burgess. cashier Of the Howard Ma
tional bank. was called by the defendant
and the offer was made TO show by him
! the financial depression of the past
season and its effect upon the
lots in the Ferguson and Scarf addition.
The offer was repeated with some variations
but after discussion the court held that such
testimony was inadmissiblc.
Mr.. Sides who was one of the employees
in the MUIR factory. testified as to the time
he himself stopped work and his reasons
therefor and also as to the general cessation
of labor during the last two or three days
of March. 1892 by the other employc, on
| the first floor of the factory. Mr.. Sides.
also, ON re direct examination testified ~
to rumors current among the employc, of
Mr. Mulr'S contemplated removal of his
business to Lynn.
On motion of the states attorney the case
of State vs. John Bcnoit. charged with re
| ceiVing stolen goods. wa, mol pressed.
| Emma Adams. wife of Harry Adams. re
Gently indicted by the grand jury for big
amy, was arraigncd. She pleaded not
guilty. Adjourned
Very good progress. was made in County
Court Thursday in the trial of the case of
Scarf vs.. MUIR George W. Moulton of
counsel for defendant was the first witness.
His testimony related TO the negotiations
which he had with the counsel for the plain
tiff looking toward the relief of Mr. MUIR
property from attachments; to the step,
L. I. 1
accomplish that purpose, and to the way in
which he found Che machinery and stock
after the attachment was dissolved
Manager futile of the Stewart flartshorn
company factory here was examined aa
to the value of the various fixtures in the
factory building they existed at the time
his company took possession of the factory.
The next and last witness of the day was
Richard MUIR. nephew of the defendant.
and bookkecper for the firm of Lewis MUIR
d Co. He testified to the business
dono while the factory was loca-
ted on the Addition from month
to month and as to the gross profits
on the same He was also examined as to
the proceedings in the factory Immediately
before the close of business March 81.
\ continuation of the Scarf and MUIR
case occupied County Court Friday.
Mr. Morrison, who was an empoye OF
MUIR & Co. while the factory was in opera
ton here, testified regarding some transac
tions shortly before and ON the day Of til,
closing of the factory
, G.. \. Hibbald president of the G.. \
, Hibbard Boot and Shoe company. was theI
called to the stand to testify a. to the poriu,
covered by certain transactions which he
: had with MUIR d CO.. which had been re
{ ferrcd to in previous testimony.
= 5. NJ. Flint, who had previuuSiy 'teStiiicl
was recalled on one point and the deicndan
then took the stand and concluded his testi
' mony. The examination of Mr. MUIR wa
= mainly with reference to matters appoarin,
5 in his correspondence with Mr. Scarf in tn
shipping book and machinery journal of TN
y firm. and in the various orders for good
n sent to Burlington from the San Francsc
. branch of the house,
. In the case of State against Martin j
DAILY for "A first offence of selling liquor, tn
= respondent pleaded guilty and was fine
d 500 and costs.
l. Alexander Martin was alraigncd on tn
indictment for bigamy found against lii
i by the grand jury. He pleaded not guilt
IL and the court assigned Rufus T. Brown t
- defend him. The case will be tried later.
/ At the adjournment of County Com
:. Saturday at | l;lO a, m, counsel i'll the cas-
of Scarf vs.. MUIR announced that the ev
donce was all in. The principal witne'oe
were Lewis MUIR, the defendant
G. W. Scarf, the plaintiff, c. r. Nasl
s. Miss Emma Bacon. ID. j. Foster and Sher
Reeves Mcssrs. MUIR and Scarf testitie
d regarding subjects already gone over. TIL
}, other witnesses were called by the plaint
1t in rebuttal Mr.. Nash'S testimony vas
s respect to declarations made 10y the detenlal
n lust prior to his removal to Lynn. Mis- Emm
/ Bacon. who testified in the early part of tn
e case related the declarations made by Forema
{. Benedict at the time the machinery wa, bein
lc moved in the stitching room. D. J. FoetC
TO and Sheriff Reeves were called with refer
T. ence to the testimony of Attorney Moulto
T. regarding negotiations looking toward the +,
II lease of the property
1t At the reassembling of County Coul
I'd Monday afternoon the new entry docket WI
ne called and, there being no cases ready fC
he hearing by the court, a recess was taken Il
We Tuesday.
~ When County Court came in Tuesda
er morning Hon. W l.. Burnap began Il
to opening argument in behalf of the plainti
he in the case of Scarf vs.. MUIR. Mr. Blu
nap addressed the jury two and onc-quart'
hours, making "A solid presentation of h
side of the case. He analYZed the gre
mass of evidence ON all the essential poin
- at issue and while his suggestions were co
densed they were marked with Il clealnc
IT. not to be mistaken. When his argume
IT, was finished both parties submitted some +
ST. quests to the court. Mr.. Burnap figured o
10 that Nj. Scarf was entitled to recov
he $500, independent of the interest rs daI
ISIS ages consequent upon Mr.. Murr's remove
Is. After the noon recess {. NJ. WildS spo
ey for the defendant He made clever stat
ais ment for his client talking nearly two anC
rs. half hours. He sifted the evidence caret,
Nn " and brought ont the material questions
by the case very clearly. To the question
bid damages he devoted much of his time, a
asst as he figured it ont Mr.. Scarf ow
he Mr.. MUIR instead of the latter'S being
debted to the former as claimed,
Tor Hon. Henry Ballard followed Mr., WilC
lr. also in behalf of the defendant, speaking I
80 minutes, when the hour arrived for /
ISIS taking of IA recess for the night.
he ---------
of An Evening with Unity.
Unity held its first meeting of the seas