Middlebury register. (Middlebury, Vt.) 1886-1937, 1894-06-08
ADDISON COUNTY COURT.

of salisbury and Hon. j. Warren Barnes
of Vergennes. who was appointed an
assistant judge in place of Hon. Emerson
Holland of PantOn, who was gOred to
death by Il bull last February. The
other officers of the court are: Rufus
Wainwright of Middlehury, clerk: Kent
w. Merritt of ShOreham. sheriff; Frank
l.. Fish of Vergennes, State 5 attorney; /;
Miss Ella VI. Ballou of Rutland, report.
er. Sheriff Merritt, who has had Il long
seige of illness, though not yet fully re-
covered, was well enough to be present
and attend to his duties.
Rev. G.. f. Noble of Middeburv made
the opening pray er and the sheriff made
the usual proclamations. The list of
petit jurors was then called and all of
the panel were present 10 answer to their
names. The jurcrS were sworn and
Judge Start gave them the customary
instructions. We have already pub
lished the names of the Jurors on the
panel
The jury calendar was next called
over and cases enough were marked for
trial to make it certain that the term
VIII he loug one. In calling The
dockets the criminal cases were passed
over, Mr.. Fish stating that he was not
prepared to assign dates for their trial
just yet These eases on the jury list
were set for trial: john w. Martin V.
William G. Danyew; II. W. Spooner ct
al, appellants. V. Austin i. Booth; ;
Phenner Vail 1t al. appellants, V. Wal
lace j. Sawyer; Phelps b. Smiths
executor V. Nancy NJ Smith, appellant:
Julia Walkers administrator V. Abel
Walkers administrator, court trial; /;
Frank y. Hill V. Peter Strack, appellant; !;
Vermont Marble COW. John Palmer,
appellant, aud trustee. court trial;
George j. Hodges V. {. w. Norton et
al; Page CUlby's executor V. \. NJ.
Colby, appellant; Frank w. Atwood's
administrator V. Horace =. IIulett;
Lillian Phillips V. viii Eddy; Carrie A.
Gotta V. Harvey NJ. Grams estate, appel
liant: Melissa Chase V. Dyer Bennett ct
al; B. ). Lockwood V. Hiram Kings
land, appellant; AlOazO b. Daniels V.
Town of Bristol. These cases were con-
tinued: Geo. +. Farr V l.. f. Stowe ct
al, appellants Town of Leicester. appel
liant V. Town of Brandon; Charles o.
Howard V. John IL. WItherell, appellant; {;
y. =. Tupper V. y. :. BoyntOn. In the
following cases settleme is had been
arrived at and they were entered discom-
tirued +. D. Nerna V. W. w. Swinev:
Frederick Hopper V. E@son II. Thomas
and trustee; Myron Fales V. + +. Sum
ner; Isaac Remiiey V. VI. G. Carter, APP
pellant; Robert Hudson V. n. j. Me
Cuen; Robert Hudson, appellant, V. y.
j. McCuen. The remaining cases on the
jury calendar we're passed over tenn
pOrarily, as negotiations were in progress
looking toward settlements. On the
court calendar eight divorce cases were
marked fol hearing, one was continued
and the others were held open on ac-
count of the absence of the attorneys.
Quite number of the other cases were
marked for "a hearing this term. In
these cases judgments were entered up:
The Geo. p. Rowell Advertising Co. v.
Frederick Hopper. Judgment for plain
tiff, clerk to assess; Farmers national
bank of Vergennes V. VIM. NJ Dean,
same entry; First national bank of Mid
dIebury V. Fred Hopper, same entry:
Farmers national bank of Vergcnngs V.
VIM. NJ. Dean ct al. same entry; Allan
Calhoun V. Fred Hopper. same entry !;
Farmers national bank of Vergennes V.
o. &. Taft, same entry. In III. X.
Wright v. SolOn Lapham ct al, iudg-
ment for the plaintiff was entered by
default. These were discontinued Mar
tin l.. Preston V. George n. Dixie; X.
Henry Holmes V. Shoreham Hotel Co.,
appellants; AdOlphus j. Morris V. Shore
ham Hotel Co., appellants; F. f. Shep-
ard V. Darwin Rider On the chancery
docket, only one case was set to be heard,
that being the Domestic and Foreign Mis-
sionary society ct al. V. |. l.. Eells ct al.
to be heard on demurrer. George Briggs
Assignee v. Frederick Hopper and Frank
+. Briggs Administrators v. Frederick
Hopper were discontinued, and the other
chancery cases were all continued.
When the dOckets were called over
court took recess till o'clock D. m.
There were not so many out-Of-town
lawyers present as there usually are on
the opening day. Among those who were.
here were +. X. Hard and Robert Roh-
erts of Burlington, F. q. Swinington
and Y. w. Moloney of Rutland, f. l..
Fish and F. w. Tuttle of Vergennes.
Charles f. Kingsley of Salisbury, F. w.
McGetlrick of st. Adams and w. w.
Rider and w. \. Atwel of Bristol
The first case for trial was got on
promptly after dinner Tuesday. 1t was
John w. Martin, appellant, V. VIM. c.
Danyew, both of Middlebury, and Mr..
Martin sought to recover the amount of
a note for 500 which he purchased some
six or seven years ago, and which he
alleged that Danyew, during some sub
sequent transactions assumed and
agreed to pay. The defendant claimed
an offset for Illegal interest charged
him on mortgage note of 500 for
over two years and also for $50 note
which he held against Martin, but which
the latter claimed had been paid years
ago but inadvertantly left where Dan
yew found it and again got into his
possession. The case occupied Just
day in its trial, being given to the jury
before the noon recess on Wednesday.
The jury came in at o'clock in the
afternoon and reported disagreement.
Judge Start sent them out again At
the opening of court Thursday morning
they once more came in and this time
announced verdict for Martin. They
found Danyew indebted to him in the
sum of Sl49.ll and allowed him an offset
Of S3I 0S, leaving the verdict for the
plaintiff Sll5.03 and his costs. There
are some nice law questions in the case
and it VIII go to the supreme court for
their adjudication. Judge Sade APP
peared for Mr.. Martin and Button &
Button were the defendants counsel.