Middlebury register. (Middlebury, Vt.) 1886-1937, 1893-12-15
ADDISON COUNTY CouRr.

ADDISON COUNTY COURT.
Tine court and members of the bar
who attended the funeral of Hon.
George w. Grandey at Nergennes last
week Thursday morning came back to
town on the noon flyer that day and the
work of the term was resumed at 2
O'Clock. The taking OF testimony in the
case on trial, Hiram NOrton's admins
traitor V. John Perkins, was continued.
This case lasted the remainder of the
week, the plaintiffs evidence in chief
being concluded Friday afternoon.
Saturday forenoon the defendants testl-
mony was all got in and after little
time spent in hearing rebuttal evidence
for Norton the testimony was closed
and the jurors sitting on it were excused
to o'clock Monday afternoon.
In Phenner Vail ct al, appellants, V.
Wallace j. Sawyer, T. W. Molonev of
Rutland for the defendant asked for Il
continuance. Mr.. Wilds opposed the
motion, which was granted on open
terms.
In town of Leicester, appellant, V.
town of Brandon, EX-Goy. Ormsbee of
Brandon filed motion for continuance
on behalf of the defendant town. which
was opposed by Fred G.. Swinington of
Rutland. The court took the papers.
\ recess was then taken to p. m. Mon
day.
When court came in Monday after
noon tie case of Leicester V. Brandon
was continue on terms as to the defend
ant. that the de PENDANT pay s.. William
+. \ Ork V. Edison b. Palmer was re-
ferred and continued and Robert >.
Phillips V. John w. Grace and Herzig
Sons IL Co. V. Chapman Il Co. had
been settled and we're discontinued.
Judge !Iaselton began the opening
argument for the plaintiff in Norton V.
Perkins at 2:l5 Monday ana spoke for
two hours After the usual ntCrmis-
sion the requests to the court to charge
were made by Mr.. Bliss for the plain
tif and Mr.. WildS for the defendant, and
then Gov. Stewart opened the argument
for the defense and took up the remain
der of the afternoon. Tuesday morning,
Mr.. WildS declining to present any fur
ther argument on the defendants side,
Mr.. Bliss made the closing argument
for the plaintiff. lie closed at II 80 and
the jury were excused To } p. m.
In John w. Martin. appellant, V. Will
liam G.. Danyew, "A demurrer to the
declaration was filed by William II.
Button and argued by him and opposed
by Mr.. Slade. The court took the pa
pcrs and reserved decision. In the
case of Frederick Hopper V. Edison IL.
Thomas, motion for continuance was
allowed on terms as to the defendant,
that he pay S25 before the next term
or be non-suited.
After dinner, Judge Munson charged
the jury in Norton V. Perkins, taking
up half an hour in delivering his charge.
The jury retired and came in again at
. o'clock, saying that they had not
agreed. The court sent them out again
and they wrestled with the case until
10 30 at night, when they reached an
agreement. They were in their seats
when court came in Wednesday morn
ing and rendered verdict for the plain
tiff, that he recover possession Of the
property and one cent damages and
costs. The value of the property in
controversy is something about $4,000,
and the jury by their verdict practically
say that Mr.. Perkins broke his contract
to support the old man Norton ana that
therefore the deed was null and void.
The case was fought with great ability
on both sides, by Mr.. Bliss and Judge
Haselton for the plaintiff and by Messrs.
Stewart and Wilds for the defendant, and
there was large amount of sharp le-
gal sparring during the trial. The
costs viii be quite heavy. Numerous
exceptions were taken on both sides md
the case will go TO the supreme court.
The calendar of civil cases set for
jury trial having fallen through, the
criminal docket was begun on Tuesday
afternoon. The first case called on was
State vs.. Edwin j. Bruten and the charge
was selling intoxicating liquors con-
traIy to law, States Attorney Fish
had about 60 witnesses on his list.
About 10 of them were in court and tes-
tilted during Tuesday afternoon and
Wednesday forenoon. The time during
which it was claimed that the respond
ent had committed the offence was the
period between April | and November
/, 1892, when the respondent was the
clerk at the Logan House in Middlebury.
Only four of the witnesses examined
gave any testimony tending towards
conviction, and on their testimony the
arguments were made TO the Jury. Mr..
Fish representing the State and Judge
Slade and Mr.. Bliss representing the
respondent. The pleas were all got in
before the noon recess, and after dinner
Judge MunsOn gave a brief charge to
the jury, who then retired to consider
their verdict. They were out about AN
nour ana Drought IN verdict of not
guilty, whereupon the respondent was
discharged from custody.
The grand jury, who had been hard
at work during the term, came into
court Friday morning and brought in
five true bills. They reported again
Tuesday afternoon and this time added
eleven more indictments to their record.
They reported thar the repairs on the
jail had been finished, that 1t is now in
good condition and that they had COM
pleted their labors. They were then
discharged for the term.
or the indictments found, those which
have so far been placed on the docket are
the following: State v. Eddy Ashline lar
ceny; State V. John Oltmann, larceny !:
State V. William Il. Braisted, assault !;
State V. Henry Bushee and Adelbert
Hier, arson; State V. Eta Field and
State " Susie l.. Jackman, bigamy !;