Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-06-29
COUNTY COURT.
Tho Business OF the Term Com piotod and
an Adjournment Tax en- Saturday.

day morning, the case OF Horace 3. Reed
VS.. the town of Essex was called up This
is an action to recover damages for an al
legged insecure sluice-wsy. The plaintiff
claims that he had horse valued at SlOO
killed and wagon and harness damaged
by its breaking while he was in the act OF
driving over. Tue defendant claims that
there was no sluice and if there was the
accident occurred on the approach to it.
This raises the legal question whsther the
approach to bridge is a part of it. Testi-
mony was introduced by both sides and att
1880 o'clock the hearing was suspended till
to-day to allow the defence to secure tho
presence of two witnesses. nj. A. Bing
ham appeared for the plaintiff and M. Ii.
Alexander for the defendant.
Next, the divorce case of Mary Z. Morell
VS.. Louis Morell was heard Mrs Morell
sought divorce on the ground of adultery
and intolerable severity, which were proven
to the satisfaction of the court, and a bill
was ordered given her. She was also given
the custody of the minor child. II. E.
Brown appeared for the petitioner.
At the Assem- bling of County Court Thurs
day morning, the remainder OF the wit
nesses in the case of II. s. Read OF Essex
were examined and the arguments were sus-
pended to accommodate Gov. Dllingh ham of
Waterbury, senior counsel for David A.
Brode in his case against Edwin l.. Ripley
Tine Brodis case was thon taken up on de-
PENDANTS motion to set aside the verdict
obtained at this term, upon the
ground that John L. Viele, one of the
jurors who sat on the case, wns not q resi-
dent of the county. Defendant introduced
aflldavits including the juror, to prove that
Niele was a resident of st. Adams. The
plaintiff produced affidavts tending to show
that, although Niele had been employed By
the Central Vermont railroad for several
months previous to his Icing drawn as tai
on this case, and lived in st. Adams,
Essex was his res deoce, and that in speak
ing to his intimate friends he always claimed
his residence was in Essex. He also called
it home. The fact was argued by Judge
Haseton and Hon. w. l.. Burnnp for the
defendant, and by J.. f. Wilbur and eX
Gov. billing ham for the plant IF. after
which court took the papers.
After the conclusion of the arguments in
the Ripley case, the divorce case of William
Kirby Vs. Harriet Kirby was taken up aud
partially heard
In the case of State We. William Newton
for keeping and maintaining nuisance, the
respondent came in, pleaded not guilty, and
TIE was continued for want of jury.
Mrs. jennie Fitzgerald, who had previ-
ouely pleaded guilty to having liquor on
hand with intent to sell, appeared in court
and was sentenced to be imprisoned two
months in the House of Correction and pay
fine of $40 and costs.
| Court came in at O'Clock Friday
morning. Judge Tyer announced the de-
ci,ion in the Brodie W.. Ripley case denying
the defendants motion to set aside tho YER
! dict. Ex-Gov. Dillingham; and Mr.. Wilbur
were counsel for the plaintiff and Mr.. Bur
nap, Judge Hasalton and Judge W ales for
| tho defendant.
A hearing was had on the referees re-
| port in the Underhl case OF Russell Has
kins VS.. the estate of Williams Arguments
we're submitted by V. A. Billiard for the
plaintiff and j.. f. Wilbur for the defend
ant. Court reserved decision.
| The case of Lucia p Dodge VS.. Caleb Nj.
Rock wood was next heard. 1t is An ac
ton of ejectment to get possession Of tene-
ment on North street which is now occupied
| by defendant. The evidence was put in
aud arguments made. Court took the pa
pers. d. j, Foster appeared for the plain
tiif and r. L. Brown for the defendant.
! County Court was in session less than
two hours Saturday. Court assembled
| shortly after 8 o'clock. The case of State
vs. Frank wilkins and Charles Blow. who
have been twice convicted Of rape, was
called for sentence States Attorney Cush-
man spoke briefly, as also did j. A. Brown,
attorney for respondents, the former caliing
| the attention OF the court to the seriousness
of the crime and the latter asking for leni-
ency. Judge Tyler, in behalf of the court,
sentenced each of them to serve at hard
labor five years in States prison.
In the case OF Lucia 7. Dodge vs.. Caleb
NJ. lockwood, heard Friday, court rendered
judgment fer the defendant.
In the bastardy cass of Evalena NJ. Ston o
| vs. Albert Waiafisld, court ordered that judg-
ment for 500 with costs of suit be entered
for the plaintiff and j. J. Enright for the
defendant.
In the case of Ida Godette vs. Mary
LaChappelle in which the death of defend
ant was previously suggested, was discon-
tinued.
In the case OF E. w. Peck va.
the Burlington & Lamoille railroad
which has since been acquired by the Cen
trail Vermont company, defendant failing tc
appear after proper notice, judgment was
gwen the plaintiff on referees report The
Judgment obtained is S3400. Hon. w. L.
Burnap was referee. j. J. Enright wal
counsel for MIR. Peck and Hon. c. w. Wit
tiers for the railroad
In the liquor case OF state vs.. CaHce
Limose, respondent ordered to pay $40
and costs. It was an action on recogniz-
ancc, a brother of Iimoge, whom he bailed,
having skipped his bond but later by re
spondent's efforts he was apprehended
brought back and made to suffer the penal
ty Of the law. Considering all this, thu
bail was chancered so as to cover the costs.
In the case of Ward vs. the Congrega
tional church in Underhill, ct ais, tho bill
was dismissed and an appeal to the Supreme
Court allowed.
In the case of Richards Vs. the estate OF
Mathew Bingham, the motion TO recommi
the report Of the referee was denied anC
Judgment given for the plaintiff to recover
81, 1925.
few cases which had been held opel
were continued. This disposed Of the bust
ness of the term and court was adjourne'
without day by Sheriff Reeves.
THE MAPLE SUGAR BOUNTY.