Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-10-05

because he had cause; he never abandoned |
this factory until after these suits We're |
brought hut contemplated carrying out his |
Dart of the contract here by doing his coar |
ser grades of work here and establishing a
factory in Lynn, for fine grade work, as
skilled labor was not obtainabe here at that
time.
The trial of the case then proceeded.
The grand Jury made their report and
were paid and discharged. They returned
10 true bills. and one mot found. y
Blanche Franklin and Mrs. Hollenbeck.
who were arrested about May g. on the
charge of infanticidc. We're not indicted.
They were accordingly discharged from the
custody of Sheriff Reeves last evening.
The damage case of Scarf VS.. MUIR,
which is now ON trial III the County Court.
is a novel one and similar issue probably
never came before the judiciary Of Vermont.
Knottv legal points constantly appear and
the attorneys. thus far. have occupied more
time in the discussion of the law than in the
introduction of testimony.
On the incoming of the court Saturday
morning the plaintiff asked leave to show
the value of the land owned by him. upon
one part of which the factory ia question
stood at the time when said factory was
operated 10y defendant under the contract
ated value of the same land Immediately
after the abandonment of said factory hy
the defendant constituting the alleged
breach of contract and further to show that
| the depreciation in value was the result of
and caused by said breach of contract by
| the defendant
The defendant objected to the admission
of such evidence, on the ground that there was
no sufficient allegation in the PLAINTIFF dec e.
| laration to enable him TO recover that sort of
damages and also that the damages sought
to be recovered were too remote and indeiin-
lite.
The lawyer, consumed nearly two hours in
making suggestions, after which Judge
Munson ovcrrulcd the objection and allowed
plaintiff TO introduce the evidence, indiCat-
ing at the same time that he would submit
the question relating to this branch of the
cas-, to the jury by special verdict; and
perhaps save the necessity of retryiug the
issue if the Supreme Court should hold that
the above ruling was an error. Court then
adjourned till , y. m Monday.
II is hardly necessary to say that the case
is of considerable importance. the array of
lawyers on either side being conclusive proof
of that fact. The counsel arc: For the
plaintiff. Hons. d. j. Foster, Seneca Hasel-
ton and W. J.. Burnap; for the defendant,
Hon. Henry Ballard, G. VI. WildS, esq, of
Middlebury Mr.. Carr of Lynn, Mass, and
j. W. Russell
County Court Monday afternoon was oc-
cupied with continuation of the trial of
the case of Scarf vs.. MUIR. After Elmer
b. Bailey was improved of a witness, Mr..
Scarf took the stand and his cross cXanina-
tion was continued When court adjourned
his examination hal not been concluded.
Several letters and parts of letters We're of
fcrcd in evidence, over which several qucS
tionS arose to their admissibility, Judge
Mmson reserving his decision until Tuesday
morning.
3 At the opening of court V. \. Bullard
suggested the death of defendant in the case
of Reeves VS.. Martin, and asked that the
case be entered discontinued. Court tool
the suggestion under adviSement.
Sheriff Reeves arrested Mrs. Fannie Bor
cite and Emma Adams wife of Harry Al
ans a barber, Monday. They We're in
dictcd by the grand jury. Mrs. Borette fo
keeping house of ill-fame and Mrs Adams
10 for bigamy.
Mrs. Borette was arraigned and Furnished
G bail in the sum of 500 for her appearance
i at the proper time
j Mrs. Adams. it i, alleged, has anothe
I husband named Thompson. She marie,
Adams last May. Not beng abie 10 obtall
= bail she was lodged in jail.
, At the assembling of County Court Tues
: day morning the ecross-cXamination of c. W
+ Scarf was resumed His examination wa
Il concluded at II o'clock. After the nool
recess the defendants were permitted
\ to call two witnesses from MasSachu
I sotts on account of the Inconvenience
: of keeping them in attendance until til
Il plaintiff ; side of the case was all put in
Plaintiff afterward called Judge FA.Weed
n who testified regarding a conversation h
Il had with Mr., MUIR just before the latte
z moved to Lynn
e w. II. Lang of the Lang d Goodhu
/" Manufacturing company was then called
$ his testimony occupying an hour and a halt
81 At the close of his evidence the attention {
Al the court was drawn to some further at
+ thoritics relating to the question of dan
r. ages, after which court adjourned.