Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-12-07


of fine presence, and the one-cent judgment
was owing in great part to his good appear
anco upon the witness stand which gained
him many friends among the members of
the bar and audience. as well rs the jury.
The consideration of jury cases was post
poned to > y. IN. In tho interim, while the
court was waiting for the jury to agree, in
the iudges room il heard two short cases.
The first case was that of Emma w. Rose
vs. W. C.. Rose, in which a divorce was
sought on the ground of intolerable severity
and adultery. The parties to the second case
were Sara MCWillianS and Frank McWil-
liams. They are man and wife and the for
mer petitioned the court for support and the
custody Of their minor children. Judge Has
elton appeared for the petitioner in the first
case, and States Attorney Cushnan in the
second case while Hon. L. b. Taft repre-
sented Mr.. McWiliams.
In the case of the Lang & Goodhue Manu-
featuring company VS.. Lewis MUIR, judg
mcnt was entered for the plaintiff for the
amount of the claim, or $ll07 aud costs,
amounting in all to Sl151. In the case of
c. w. Scarf vs.. Lewis MUIR, in which the
plaintiff secured verdict at this term ot
$4,000 and costs, Judgment was entered ac
cordinglv. These amounts, with the excep-
ton of slight difference with respect to
the costs. were paid by the defendant. The
| settlements were effected by George W.
Moulton, esq, ofthe firm Of Miles & Carr of
| Lynn. Mass. who represented Mr. MUIR.
After Mr AiurrS property was attached
in order to get release Of it, so as to move
his factory to Lynn he gave bill of sale of
! it to four Lynn gentlemen, who placed in
Sheriff Reeves hand, Of this city $4,000
aud secured its release, Mr.. Reeves giving .
receipt to them for The same. At the end of
the trial of the case of Scarf vs.. MUIR, the
defendant gave his Vermont counsel, who
naturally were anxious for a settlement
with him. orders on this money held in trust
by Sheriff Reeves, out of which
he also paid the two claims grow
ing out of the two settlements.
Upon the payment of these judgments Mr..
Moulton. who has acted throughout as the
trustee of these four gentlemen, who had ad
vanced the money demanded Of Sheriff
Reeves and balance thereof, was told
by the officer that Attorney Ballard
had presented to him an order for 81 100 for
services and had also trustcod him in suit
against Mr. MUIR to recover the amount of
said fees and that under those circumstances
he did not deem it safe 60 pay the balance
over until the court determined whether or
not Mr.. Ballard could hold the money.
Thereupon Mr.. MoIlton, as trustee, insti-
tutod suit against Mr.. Reeves for the
balance now due him. Both Of these are
| County Court suits. Later j. w. Russell,
esq, whose bill Of 800 for services was als-
| included in the assignment Of Mr. MUIR,
sued Mr.. Mouton, claiming the latter agreed
to pay him, and had him arrested. Mr.
Moulton furnished bail.
Court came in at = o'clock. Judge Taft
presiding, and the docket was partly called
In tho case of \. W. Johnson. administra
tor. against Martin V. Mattimore, bl
agreement OF counsel, Judgment was giver
the plaintiff and the case was discontinued
The case of William r. Chambers vs.. Ell
wards 6; Wheeler stands next for trial.
In the case Of George II. Reed VS. Nathan
Alien. non-suit was entered. The case of l.
2. Baldwin, administrator vs. the town o.
Worcester was continued, rs also We're th'
cases of Frank LanGway vs.. Lawrence O
Kelley and f. H. Baker against the New
England Insurance company. The cases o
Charles Richards vs.. +. G.. Wallace q Co
and George Griswold vs.. John Peterson, ap
pellant, were discontinued.
James Birdie and Richard Welch ono,
more appeared and this time pleaded guilt,
to keeping a nuisance. Each was fined S2t
: and costs and sentenced to service 30 day
in the House of Correction. whittier the,
will be taken to-day. The amount of th
bond required TO be given by them befor;
again occupying the place for any purpos
: was fixed at 5000 They waived the appeal
which they have taken i'll City Court on sev
eral occasions rs the result of searches an,
! disclosures.
! The afternoon session continued only y
minutes. none of the cases being ready 70
trial so court took a recess until TucsGa'
; morning al o'clock.
81 Judge Munson went to Middehury Mouda
' evening to open the Addison County Cour
p Tuesday. Judge Taft will continue the cour
here.
o Upon the incoming of County Court Tues
y day morning the case OF v. r. Chamber
o VS.. A. f. Edwards and Il, y. Wheeler, az
= rellaut. was taken up, All the parties liV
f. in Wmooski. 1t was an action of trespas
70 and troyer to recover for the seizure am
conversion of colt called "GaitersN Th
l. defendant, Wheeler, who is a deputy sheriff
u seized and sold the horse on a chattcl mort
Il gage for S5i. - in favor of the other dcfenC
e ant. The plaintiff claimed that the defcnt
T. ant. Edwards. before the sale on the mort
y gage, had released his claim to hin
e the defendant denies this, and whcthe
= or not he did j. the point ut issue
y TIE evidence was all put in shortly after til
noon recess. Arguments 10y counsel and Ii
- charge of the count occupied the time NJ {
- 4;3O, when the jury retired to consider I'll
J. case. with instructions if they agreed to Sc,
" up the verdict and report Wednesday. j
q n. Deavitt Of Wnoosk appeared for IL
u plaintiff, and Judge Peek and Il. /. Brow
u for the defendant,
u 81 recall Of the docket resulted in con