Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1894-05-10
CHlrrENDEN COUNTY COURT.
Case of Matthew Bngham's Executors
Against Phenix Insurance Company still
on Trial.

Marked progress was made in the trial of
the insurance case in County Court Wednes-
day. Four witnesses were on the stand.
First the examination of Stephen Myers
was completed Then O. 5. Dodds, CO.
executor of Bingham estate, testified. His
examination occupied some four hours. II.
NJ Wilson was the next witness He was
called to testify as to how far the fire had
progressed when he passed the place. The
testimony of Thomas Connors, the fourth
witness of the day, had not been completed
at the adjournment of court
County Court came in promptly at
o clock Thursday. Thomas Connor's eX-
animation was completed and Mrs Richards
was recalled for redirect and further cross
| examination James Livermore and Edward
Houle also testified. When court adjourned
| Mr. Bliss was asking Mrs Cox or Whalon,
some more questions on cross examination
| A. n. Austin of Milton was arrested on
| the charge of o second offence of selling
liquor and was brought before the court
| He gave bail in the sum Of S4OO for his ap
pearanCe when wanted. Sheriff Reeves
searched Austin's premises Thursday, find
ing a quantity of beer. and another charge
of keeping liquor will be filed against him.
JOHN DoIan, who has been in Jail since
| March on the charge of resisting an officer,
|
Sheriff Reeves and Judge Peck and Mr..
| Enright of counsel for the plaintiffs testi-
fed in the insurance case Friday morn
ing. Shortly after o clock Hon. Z. r. Hard
of counsel for the defence went on to the
stand. His direct examination occupied
the time up to the adjournment of court.
Mr.. Hard has been practicing attorney at
this bar for nearly 43 years. He testified
as to an attempt to examine Matthew Bing
ham under Oath in accordance with
the terms of the insurance policy
as TO an interview with j. j. Enright on
| March %. 1893, i'll which Mr. Enright told
him that he CEnright was satisfied his CO.
executor was trying to beat him; that he
wished to get out of the case; that Enright
had information which he could impart
that would insure the success of the de-
fendant company in this suit; that this in
formation he had obtained from Bingham
and Mrs. Whalcn; that Bingham owed him
(Enright a large sum for services and ex-
penses in litigation which Bingham had had;
that if the company would give him En-
right S4OO he would furnish them with that
information. Mr. Hard said that he told
Mr.. Enright in reply that in his opinion the
company did not need any more information
than it already had and that Enright fur
ther stated to him there was no guess work
about the information he had; it was sure
thing: that he told Mr. Enright that he had
no authority to pay or agree TO pay dollar
for the company, but that if Mr.. Enright
had any propositions to make he
could make them to Mr.. Crosby,
the New England agent Of the company.
He further testified that he never made any
offer Of settlement at any time and that all
the statements made by Mr. Enright in his
testimony in regard to his having done so
were utterly and absolutely false. He said
that he had two interviews with Mrs.
Whaen, in which she came to him and sig
nitied her willingness to testify to the truth
in regard to the burning of the buildings
that she intimated her testimony would he
in favor of the company and said that il
ought to pay her something if she did so
that he told her he could not
enter into arrangements to pay her any
thing moro than her legal fees: that il
would not be proper or professional, and
: might be criminal; that he never entered
S into any arrangement with her or anyone
e. else to pay her anything for her testimony
e He incidentally stated that at the time he
made memoranda of his interview with Mr.
4 Enright and of his interviews with Mrs
= Whalen, with which he refreshed his recol
!. lections, and in regard to the settlement o
the claim of Julia A. Richards, the divorced
wife of Bingham.
In County Court Saturday the insuranc,
case occupied the time. Mr.. Hard, in hi
cross examination relating to his interview
= with Mrs. Whalen about her giving he
n deposition, testified that if she would truth
: fully testify to material facts and they wer
II useful to the company, it would be natura
e they should feel grateful for her tender o
u her services.
e Thomas Curry was arraigned on tn,
v charge of assaulting Jep 2. Tillison of Tn
$ derhill He pleaded guilty to the charge
o Curry had no counsel but gave his version
y of the trouble in question to the court him
a self. He said that he was to have gon
: home with girl one evening, but not beint
e on hand on time Tillison, he said, started
to go home with her, although she did no
f.. wish him to do SO When he came the boy
~ who had gathered about laughed at hin
y and he followed after his girl and Tillison
4 fight resulted States Attorney Cush
man gave T'illison's side of the story, say
:, ing that Curry tried to take Tillisons giI
= away from him. Curry was sentenced t.
:, be imprisoned in the House of Correctio
al three months and to pay the costs of prose
| cutiOn.
County Court recOnvened at } o'cloc
Monday afternoon and the trial of the il
90 surance case was continued +. Q. Rev
N nolds being called by the defence gave h
Il testimony Judge Peck of counsel for plail
W ttfs was recalled and questioned in relatio
70 to an affidavit he filed as attorney for Mr.,
,s Whalen in an application to have the cas-
of State VS. Whalen continued
Two new witnesses testified in the inSur
ance case in County Court Tuesday. j. ,
| Flynn testified as to his purchasing the IL