Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1894-04-26
COUNTY COURT.
THE WEEK TAKEN UP WITH INSURE
ANCE CASES.
Verdict for Baker in His Suit A gainst the
New England Insurance Company Ex-
ecutors of Matthew Binghsm's Estate
VS.. Pheni1 Insurance Company.

and Mr.. Enright consumed nenrlv all tho
time in their arguments in the case of Baker
VS.. the New England Insurance. company.
and when Judge Start had finished his
charge to the jury, recess was taken till
Thursday.
The jury in the case OF Baker vs. the New
England Insurance company Of Rutland re-
turned their verdict at the opening Of
County Court Thursday morning 1t was a
special verdict The defence conceded that.
if the plaintiff was entitled u recover at
all, he was entitled to the full amount Of
his claim-SG1j. SO only questions Of fact
were submitted to the jury. There we're IL
of these questions and the jury answered
each in the plaintiffs favor. It was vir-
tually a verdict for the plaintiff. The de-
fendant gave notice Of an intention to ap-
peal the case.
Tho case Of the executors Of Matthew
Bingham's 5 estate VS.. the Phoenix Insurance
company of Brooklyn, y. Y, was called.
1t took some time to get jury satisfactory
to both parties. Henry Ballard stated what
the plaintiffs claimed and W II. Bliss an.
nounced the claims of the defence
About noon July IS, 1891, Binghams s
house. barns, other buildings and their CON
tents were burned. lie carried a policy of
$1,000 on the property with the Phonix In
surance company and the suit is brought to
force its payment The company refuses to
pay the policy, charging that the property
was destroyed fruduently. or, in other
words, that the fire was incendiary.
OF the $4,000, $500 has already been paid
by the company to Julia A. Richardson, the
divorced wife Of Bingham, which sum was
applied on the decree Of temporary alimony
granted her by the court.
The plaintiffs called j. W. Cornish OF
Boston, assistant special agent of the Phon-
nix company at the time of the fire, to the
witness stand first. Gen. 7. ). Peck, agent
of the company next testified and after
him, j. j. Enright, attorney for Bingham,
who has since died, took the witness stand.
His examination had not yet been conclud-
ed when court ad journed for the night
j. j. Enright, H. s. Peck and Henry
Ballard appear for the plaintiffs and Hard
& Bliss and h. E. Brown for the defendant.
The evidence produced in the case of the
Bingham Executors VS. The Phenix Insur-
auce company Of Brooklyn, \. y, in the
County Court Friday furnished a little
variety from the ordinary court testimony
and OF such q character as to be more in
teresting as the trial progresses.
LawyerJ. J. Enright whose examination
was begun Thursday, was the only witness.
on direct and redirect and by Mr.. Bliss on
cross and re-cross examinations. The
plaintiffs counsel accuse the defend
ants attorneys with misconduct and
vice versa, and pertinent remarks not
infrequently passed between the lawyers.
Fife Cox formerly Whslen, was Bing-
hams housekeeper when the buildings
burned and she is the cause of all the trou-
BILE She discovered the fire and if it was
incendiary she alone probably knows it.
Each party is of the opinion that the other
party has tampercd with her. The plain
tifs claimed in aflilavits which they pro-
duced in an attempt to get the case con-
tinued that j. j. Flynn, in the interest of
the defendant, hired the Cox woman 10 50
to Keesevlle, n. y, paying her $50 and
agreeing to give her $50 or SO more if she
kept away a certain time. Mr.. Enright
testified to this on cross-eXaminatiOn yester-
day and further that Mr. Bliss, MI Dodis,
his associate executor, and himself went -
keeseville together for the purpose of TAX
ing the deposition Of Ehie Coz, who had
preceded them there. Mr.. Enright and Mr..
Dodds had interviews with Mrs. Cox nj
also did Mr. Bliss, but while the latter was
talking with her, they called her
away and after that Mr.. Bliss and Mr.. En-
right Went to dinner. After dinner Mrs, Cox
could NOT he found Mr. Rls, asked MIR.
Enrght if he advised her not TO appear be-
fore the justice Of the peace as arranged
and give her depo,ition. 10 which the Wit
rass said he did NOT. ina toIJ her if She had
nct bean subnn.nood as raonired bv tbe New
Vor,, cour.s .ba was NOT legally ha,nd to
oiya hs,. deTosit;on anI co,lG doas She Iil,ad
about doing 50
NIL, 81 iSo9 in an inta,.viaw Win Nh.
IIard ot tha Citv Hotel .to+e to him thot
ta,, O co-tair sn,u of money ba vonId ,,ut
~ IIorJ in nossession of information wbirb
,yo,,ld n,al,a s,ro tbe success of tb, c,mnonv
in the ca.e His answer wos that no ali
mot in +h,+ yov. Va ,roda ,rouo,i.ions os
sot+lo,,nnt n WI IIar1 ot varions Zines. ha
r.,,o,,Lored taIIin., him tto+ le ,vo.,lJ lis
contir,o thn casa on novmant If n cer.oin
or,o,,,,t of money Ruf where or ,vhap ba
corIJ not sev At the comnletjon of Mr.
Tnripbt's examination Court took a recess