Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-03-02
UNITED STATES COURT.
TIE FEBRUARY TERM IN SESSION IN
THIS CITY.
Tho Grand and Petit Jurors Summoned
Tho Term to BE of About tho UsuaI
Duration - Aftor Hearing Motions,
Court Takes Recess.

The February term of the United States
Circuit and District Courts con vened in this
city at 10 o'clock Tuesday morning with
Judge Wheeler of Brattleboro on the bench.
! The officers of the court are Clerk, George
d. Johnson; district attorney, Frank Plum
ley; marshal, Rollin Amsden; deputies,
Thomas Failey and l.. Y. Spregue.
The out-of-town attorneys present we're;
Joel c. Baker and II. A. Harman of Rut.
land, c. W. Writer'S a. 7. Cross \. y.
Post, z. A. Sowles and g. W. Burle.on Of
st. Albans, II. T. Alfred OF Newport, q.
a. Davis of Windsor H. a, Burt of Swan
ton, V. A. Buliard OF Underhll, W. D.
Stewart OF Bakersneld j. b. Dckerman
Of Newport, Franklin Scott of North Ben
nington, H. e. Rustedt OF RichIord, II. N.
Deuvitt aud Ii. f. Wolcott 0. WInooskl
After the usual proc .amations By Crler
Fisk the names Of the grand end petit ju-
rors were called. Tho grand iurcrs are:
Burlington Fred Johonnott +. G.. Fletcher,
a. 6. Pierce Y. X. Brown, D. W. Robin
sou, James Il. Kelley; Colchester, Ormoui
Cole. Calvin Il. Blodgstt; saelburno, ..
n. Roberts; South Burlington, Fred u.
N. Drury; Jericho, D. E. Reed; Essex
junction, William Fletcher; St. Adams, a.
D. Tenney, l.. X. Coriss; Shelaou, l.. ii.
Kttell Hlghgate, o. f. Sheridan; Mont
gomery, f. l.. Goo1speed Montpelier, NJ.
r. Morey; Msrshfie)d, 3. b. Martin; Plain
fold, Henry IS. Laird; Hyde Park, L. A.
Gallup
The following is the list Of peti5 Jurors
drawn: Burlington, F. Il. Van Siokien,
Clarence Hicks, j. b. Smith, Hiram Walk
err 2, c. Dodge, W. S. Vincent, II. y.
Coon, L. H. Turk; Sheburne, Walter a.
Weed; Richmond, Ezra Stevens, S. +. Cut
| Ir,.
Bates; Underhili, Cyrus III. Meau; ST. A.
bans, G.. w. Stilphen, Chauncey Temple;
Georgia. L. D. Smith; Fairfield, Samuel II.
Soule, John Rooney; Swanton, c. c. Gil
more; Bakersfield, \. G. Brighar; Mont
pclior, i. Bart Cross, j. .. LIvings
Northfisli j. A. Elgerton, d. b. Wooster;
Barre, w. a. Perry; Roxbury, l. II. Fiak;
Waterbury, q. W. Morse, Hyde Park, E.
L. NoyeS +. L. Strong, L, ". Smith;
Wolcott, Justus Hubbell.
L. Ii. Turk failed to respond when his
name was called. He Ia taking Southera
trip.
The jurors wers then excused until
P. m.
The docket, emitting because OF the al
sence Of District Attorney Fiumiay tha
cases in which the government is party,
WAS scanned and Indications are that the
business of the term viii DO completed this
week. There are no civil cases for trial,
other than those OF the government. At II
0 clock court took q recess till o'clock.
AFTERNOON SESSION.
Court came In promptly at o'clock. L.
H. kittell and IL P. Morey, who wsrs
drawn as grand jurore, were excused. The
grand jurors were next sworn and judge
Wheeler appointed Albert G. Peirce OF this
city foreman, and instructed them as to their
duties and they retired to the room above
to begin their labors.
H. L. Rustedt and W. D. Stewart, upon
application, were admitted to practice in
this court aud Clerk johnson administered
the oath to them. District Attorney Plum
ley stated that there were some three or
four government cases now on ths calendar
to be tried by jury, after which the petit
jurors were excused until tomorrow morn
ing at O'Clock.
In the case OF William johnson vs.. tha
Canadian Pacific Railroad company the
plaintiff moved to change his pleading by
denying all the things which were alleged II
the defendants special plea. The court
granted it.
Father James B. Whitaker of Winoosai
appeared at this point and after complying
with all the demands Of Uncle Sam was
made one of his citizen. in about one min
ute.
DEFCNcT ST. ALBANS BANK LITIGATION.
The case of Susan B. Sowles, ct al. VS..
the First National bank OF st. Albans, c.
w. Writers receiver, aud Il. A Sowles wa.
taken up. There are two cases, one Of
Susan B. Sovles, aud Susan b. Sowles,
assignee of certain legatees against c. ".
Writers, receiver. This is a suit in equity
brought to recover certain real estate,
lenses, notes aud railroad bonds and stocks
. that were assigned and otherwise trans.
ferrsd by the First National bank of st.
Albens before the failure by L. "A.
Sowles in part satisfaction for his
Indebtedness to the bank. In prior suit
the name of Margaret Sowles by Susan &.
Sowlss, her next friend, the title of this
property had bsen determined by decresing
a part to the receiver Of the bank aud az
to a part, making Mrs Margaret Sowles a
creditor OF the bank, which, by another pro
cedure, had been applied upon judgmsnu
in favor OF the bank against her. Inc
present suit was brought, regardless OF the
determination OF the othsr suit, to recover
the same property from the bank or its
equivalent for The benefit OF Susan B.
Sowles. Susan B. Sowies as orRtrix, failed
to take her testimony with n the limit pre-
scribed by the order OF the court, and her
case stood upon the bill and answer but by the
indulgence OF the court both parties are al
lowed to file any testimony that is perth
, nent which had been, taken in the other case,
, where the same property, or the title to it,
was at issue. 1t was claimed that the testi-
mony in the case where this property was
In issue was not full enough, and the
court, by order, has permitted other tssti-
mony to bs filed, if fled by to-day. The
, receiver on his part has asked for a further
) order allowed him to file the DEGREES or the
various depositions that have been made IN
} the several cases.
In the case of Cornelius NJ. Horton vs. Ben
nugton q Rutland railroad, for infringe
ment OF a patent re-railins device, the de-
fendant's demurrer to the orators bill was
withdrawn, and the defendant had given
leave to file an answer to ths bill A simil-
ar cass was tried in New York against the
New York Central road, in which Mr.. Hor-