The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1895-12-04
Washington County Court.

Court reconvened at two o'clock Monday
afternoon, Hon. L. II. Thompson presiding
MONTPELIER HARDWARE COMPANY v.
MAY III. SPRINGER, APT.-In the case jury
was empaneled in the early part of the
term. AT that time plaintiff broke down in
its testimony in proving that defendants
deceased husband was her agent and at
torneys OF plaintiff moved for continuance,
claiming surprise, as defendant had con.
Ct ded the agency at the justice trial. De
PENDANTS attorney, f. l.. Laird, claimed
that the concession had been made for pur.
pose OF the justice trial only. The court or
dered that unless plaintiff showed a good
cause for continuance before the close of
the term, judgment should be given de-
PENDANT. The case was called up Monday
afternoon. Several affidavits bearing on
the fact of the agency were read by T. T..
Gordon, attorney for plaintiff. The court
ordered that plaintiff pay to defendant an
attorney fee of $40 and costs of presen
term. rhe jury fee of Sc paid by defend.
ant, was ordered to be refunded, so there
would be no charge to either party for the
jury. The case was continued. I. K. Cor
don was assisted by j. w. Gordon and P.
Lamson, and Mr.. Laird by W. A. Lord.
HIRAM WELLS, ADMIR- OF JAMES PArTER-
SONS ESTATE, v. HENRY ATKISs.-Tnis is
an action of debt on judgment In 1888 a
judgment agains' defendant was obtained
by default for S50S.74 and SPOTS costs. AT
defendant in the court Of insolvency, from
which court defendant afterwards obtained
a discharge. Decision not yet rendered
j. P. Lamson for plaintiff G. w. Wing for
| defendant.
STATE V. WILLIAM MILLER.-For second
offence of selling Intoxicating liquor. The
| Jury was impaneled Monday afternoon.
This case had its origin in liquor raid
made at Barre on the evening of November
| 20, Sheriff o. r. Collins having seized four
cases of beer of Arthur Campbell, and Dep.
uty Sheriff White having seized about fif.
teen bottles of beer of B, Thomas. This
beer Campbell and Thomas both testified
they purchased of Miller. The state pro.
duced John B. Stearns, the instructor in
| chemistry at Burlington University, and his
analysis OF the Thomas beer made il range
| from 228 to 3.17 per cent of alcohol He
| made the Campbell beer range from g "a tC
2.47 per cent of alcohol. He testified that il
was malt liquor, founding his judgment
upon taste and color. Respondent testified
| in bis own behalf He admitted that ht
had a government license as a wholesale
dealer in malt liquor which he had obtained
to avoid possible conflict with the United
States government, as he did not make the
Uno beer. He bought it of the Suffoll
| Brewing Company of Boston. He made
carbonate drinks, but he had no NAL
| liquors, and had been assured that the Unt
beer contained no malt. Fred j Tabor
who is connected with the Suffolk Brewing
Company, testified that the Uno beer con
tanned no malt and was not lager beer
James +, Babcock, a Boston chemist, made
the six samples of the beer seized rang,
from % to 2 48 per cent Of alcohol. From
the soldified ash he found that the bee
Analysed was not malt liquor. States At
torney Stanton and Frank Plumley fol-
State; G. w. Wing, w. A. Lord and I. j
| Deavtt for respondent
STATE v. A. d. BURGESS, APT.-Respond
ent entered plea of guilty Tuesday after
noon of two first offences of selling intoxi
eating liquor at the Avenue House, Barre
He also pleaded guilty to one offence O
keeping. Sentence has not yet been i'm
posed.