Middlebury register. (Middlebury, Vt.) 1886-1937, 1893-06-16
ADDISON COUNTY COURT.

When we went to press last week the
case of Henry S. Foote VS.. F. Wood
worth was on trial, and ii occupied the
attention of the court for the remainder
of the week. Mr.. Foote claimed dam
ages for some 400 butter jars which he
bought from the defendant in 1886. 1t
appeared in evidence that the jars were
used in two seasons and were then stored
away and that Mr.. Foote did not examine
them again for about three years, when
it was found that they were no longer
fit for the use for which they had been
intended. The Messrs. Button argued
the case for the plaintiff and Mr.. Bliss
presented the defendants claims to the
jury during Friday. Saturday morning
Judge Tyler charged the jury for half an
hour, and later they came in with YER
dict for the defendant, but did not allow
him any costs. The Judge then instruct
cd them that this was an illegal verdict
and they went out again and had another
struggle with the case. Upon the open
ing of court in the afternoon the jury
came in and gave verdict for the de-
fendant that he recover his costs.
A recess was then taken until O'Clock
on Monday afternoon.
The new entry docket was out Satur-
day morning. There are on it 80 law
and eight chancery cases. FIVE are pc
titions for divorce. Only one liquor case
appears on it, and that is an appeal from
justice court.
Monday afternoon, upon the re-as
sembled of court, the case of John o.
Connell VS.. G.. j. Hamlin was begun.
Hamlin was the manager of the old hotel
at Lake Dunmore last summer and
made a contract with the plaintiff, who
resides in Middlebury, to come there and
clerk for him, saying that he would
want him az times to wait on the "wine
room. The case was completed on Tues
day. Judge Tyler instructed the jury
that if they found O'Connell, in accept
ing the position according to the con-
tract presented in court, agreed to sell
liquor, the whole contracl was void and
the plaintiff could not recover, as the
sale of liquor in hotels was illegal in
Vermont. The defendant had repudat-
ed his contract and got another man to
clerk for him in place of O'COnnell. but
the jury came in in the afternoon and
reported that O'Connell did in effect
agree to sell liquor as part of his work
and therefore under the instructions of
the court gave Il veroict for the defend
ant. Mr.. Upper and Mr.. Slade were
the attorneys for the plaintiff and Mr.
I
When the jury took the above case
Tuesday forenoon the case of Julia
Walkers administrator VS.. Abel Walk
er's administrator was started. 1t was
based on promssory note which Abel
Walker gave the plaintiff. The case
came into court on an appeal from COM
missioners' report to probate court, in
which the decision was against the plain
tiff. Mr.. Bliss represented the admin
istrator of the deceased plaintiff, and the
administrators of the deceased defen-
dant was represented by Stewart &
Wilds. In view of the nature of the evil
dence the court ordered the Jury to re-
turn verdict for the plaintiff, thus TAX
ing the case out of their hands, and they
accordingly gave the plaintiff verdict
for S2392 and costs. Exceptions were
taken by the counsel for the defendant.
The other cases on the civil jury list
have all fallen through for this term for
one reason or another, and the criminal
docket was opened up on Wednesday.
Adolphus Happy of Vergennes was the
first man to answer to the States charge,
which was an information for assault
with intent to commit rape, alleged to
have been committed on the person of a
colOred woman named Jane Strong, aged
about 40 years, on the night of April 20,
last. Happy was arrested on the charge
and after hearing before Justice was
bound over to the county court, and not
finding bondsmen, has been here since in
the custody of Jailor Cobb. 1t appeared
from the evidence that Miss Strong is, to
put 1t extremely mildly, somewhat weak
witted, and had told about the same kind
of stories in regard 10 other parties be-
| fore. The evidence was completed We'd
nesday afternoon and the arguments were
made Thursday morning. There is no
decision at the time of closing our forms.
States Attorney Fish of course repre-
sents the State of Vermont and Mr.. Bliss
put in some hard work for the respond
ent.
In the odd hours of court, on Tues
day and Wednesday, two divorce cases
were heard. One was Dora NJ. Lewis v.
Heman Lewis, which was heard on We'd
nesday, and the application was granted
on the ground of intolerable severity.
Mr. Enright of Burlington appeared for
Mrs. Lewis, and there was no defense.
Edith V. Flint V. Dana III. Flint was
heard Tuesday. The parties lived IN Fer
risburgh, but Mr.. Flint went away once
on time and has not since reported his
whereabouts to his wife. So the court
granted divorce for wilful desertion, as
there was no appearance for the petit
tionee. Mr.. Fish of Vergennes was coun-
sci for the petitioner.
There are two or three liquor cases liza
BILE to come to trial, Iand there are