Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1894-06-21
COUNTY COURT.
Case of Charity Ishan Against isaiah Dow
on Trial.

County Court was occupied Wednesday
with the trial of the case of Frank Cassa-
voy against Thomas Reeves. The evidence
was introduced and the arguments to the
jury made when recess was taken until
Thursday. 1t was an action of roplevin
brought to recover a horse. The Burling-
ton Beef company was the real defendant,
Mr. Reeves being only nominaly so.
Immediately upon tn, assembling of
County Court Thursday morning Judge
Rowel charged the jury in the case of
Frank Cussavoy, jr, against Thomas Reeves,
sheriff The jury retired, agreeing in less
than five minutes and returning a verdict
of one cent and costs for the plaintiff.
The case of d. c. Furman of Swnnton VS..
T. F. Mulharnn of this city was the next
called. 1t involved the recovery of
a note for $50 given to Mr.. Fur
man by Mr.. Muharan in July,
1856 Defendant resisted payment, alleg-
ing that the date of the note had been ma
terially altered. The evidence was closed
and j. j. Enright and j. A. Brown made
the opening arguments for their sides to the
jury before noon. At O'Clock NJ f.
Alexander addressed the jury briefly and
MIR. Enright followed him with the closing
plea. The jury retired, being out only a
short time, giving the plaintiff verdict
j. j. Enright appeared for the plaintiff and
NJ. II. Alexander and J. a. Brown for the
defendant. Court adjourned until Monday
at p. IN.
The grand jury reported at p. IN. Fri
day, Judge Rowel having gone to his
home in West Randolph, Judge Nichols pre-
sided. Three true bills were returned and
one was returned as not found Charles
Weed of Essex, against whom an indict-
ment was found on the charge of crminally
assauting a girl under II years Of age, was
in court ami gave bail in tie sum of
5000 for his appearance when wanted.
1t is understood that the other two
| indictments were found against Mrs. Rose
Fournier and Mrs. Ellie b. Whalen who
are now in jail on the charge of murder
They will no doubt be tried at this term Of
court. No bill was found against Jeremiah
Lapan, who has been held in Jail some time
on the charge of larceny, and he was dis
charged Friday afternoon.
| OF the eighteen men composing the grand
jury, Stephen Curtis of Jericho was the old
est, being Il, and f. L. Parsons Of Colches-
ter was the youngest, being l3. The aver
age of their ages was about 50 years.
County Court reconvened at p. m,
Monday. In the case of Charity Ishan
against Isaiah Dow, counsel for the dcfen-
dant asked for a continuance or a reassign-
ment of the case but, after hearing the
| suggestions of the attorneys, the court
thought neither request could be granted
without serious Inconvenience and loss tC
! the plaintiff and ordered the trial Of the
case to proceed. 1t took over an hour tC
empanel the jury. Several of the jurors OF
their wives were related to one of the par
| ties or to their wives while others were
! found to be disqualified. Mr.. McGettricl
made the plaintiffs opening statement tc
the court and jury and MIR. Ballard spoke
of what the defendant expected to prove.
Mrs. Isham sues to recover $4,000 exem
plary damages, alleging that ON June H.
| 1893 she was seriously injured indirectly by
! Mr.. Dow. Mr.. Dow shot dog belonging
to her husband in a schoolhousc yard near
by on that day. The charge only
wounded the dog which ran int,
the house and, it is claimed
jumped ON to Mrs. Isham, who was preg
nant, seriously injuring her. Tn,
defendant claims that he had a right
as II matter of law to kill the
dog because he claims it was sheep-killing
dog; that he intended to shot it dead, anc
is therefore not liable for any of the dog:
acts. Both parties reside in Hinesburgh.
The plaintiff called the defendant to the
stand first His examination related to hi.
movements following his reception of the in
formation that Mr.. lsham dog was goine
toward his pasture which ended BY hi,
shooting the dog. Mr.. Dow testified thai
he followed the dog into bis pasture, neal
where his herd of sheep We're
and he, believing that the dog
was going to chase them, scared i
home, near where Mr. Dow went directly
and shot the dog, but did not kill it, Ii,
saw the canine run into the house. NJ. II
Alexander and F. W. McGettrick of st. Al
bans appear for the plaintiff, and Henr,
Ballard, W. l.. Burnap and d. j. Foster
for the defendant,
In County Court Tuesday the examina
of the defendant in the case of Ishan
against Dow occupied most of the time. IL
left the witness stand about O'Clock, afte
which Mrs Henry Goodro was improved o
as witness by the plaintiff. Shortly be
fore D o'clock court took recess till Thurs
morning.
A WEEK OF CONGRESS.