Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1896-03-26
WASHINGTON COUNTY COURT.
Several Divorce Cases Hoard-Fish HATCH
cry Casea to be Tricd Snnn.


Several Divorce Cases Hoard-Fish Hatoh-
cry Cases to be Triod Soon.
In tho case of Christian Christensen VS..
Edwin Carleton, apt, before the Wash
ington County Court, being an action Of
debt on an award in which the parties are
from Barre, Judge Ross directed a verdict
for the plaintiff for $3.50 and costs, that
being the amount of the award and inter-
est since it was given, June q, 1885,
Fred Fuller VS.. Jessie Laundry, apt, was
tried Thursday and is an action of
general assumpsit on a conditional lien
note given by the defendant April IA, 1898,
for n chestnut mare. The note was for
$50, payable on demand to Charles V.
Kent or order. Plaintiff purchased the
note last juno, giving a colt and COW in
payment which he valued at about 1925.
Defendant claimed that in April, 1895, he
saw Kent at his farm in Calais and agreed
TO rcturn the mare and give him his choice
of a yearling and a sucking colt and to
pasture them during the summer. Kent
denied having made this trade. The jury
at 3:0j o'clock in the afternoon reported
themselves disagreed and asked for fur
ther instructions.
Montpelier, March 2o.-In the case of
Fuller VS.. Laundry. the case in which the
foreman of the jury, j. S. Wheeler of
Waterbury, died while they were still out,
a continuance was entered this morning.
Ella l.. Bailey vs. Charles A. Bailey
was heard this forenoon. A bill of di-
vorce was granted for adultery. The pc
ttloner was granted the custody of the
minor child. She resides in Montpelier.
Her counsel was S. C. Shurtleff. The de-
fendant. who is out of the State, is a
physician.
Mary a. Sylvester VS.. Frederick NJ. Syl-
vester. an action for divorce, was heard
| this forenoon and the bill was granted for
Il ....et t..N .1KT ffaEr Ylf
decreed to petitioner. She resides in Mont
pelor. Her attorney was S. c. Shurtlen.
The defendant has been absent nine years
and is now said to be in Massachusetts,.
Mary l.. Reed VS.. Harvey Reed, an ac-
tion for divorce. The petitioner resides in
Montpelier. The bill was granted for
doscrtlon. S. c. Shurtleff appeared for
petitioner.
Pamela Mcdonald VS.. L. d. Trow, an
action in chancery, decree of foreclosure
was granted, the time Of redemption being
one year. A notice is to be given of the
assessment. j. p. Lamson appeared for
orator and j. II. Senter for defendant.
In Stillman c. White VS.. the Vermont
Granite company. decree of foreclosure
| was granted, with one year to redeem.
! G.. w. Wing for orator.
| Helen NJ. Worthen VS.. Eusebia A. Far
rand, ct al, a decree of foreclosure was
granted with one year to redeem. S. G.
Shurteff for orator.
ID. Willis Cummins vs. Kate f. Sweeney,
decree of foreclosure granted and timo
of redemption one year. 7. j. Deavitt for
orator
Montpelier, March 23.-The case in re
Hamilton Webster's will, Lucia l.. and
Burton G.. Webster apt, came on for trial
this afternoon in the County Court and is
an appeal from the probate of the will.
| The deceased lived at Barre and left quite
a large estate and is said to have died in
the latter part of November 1895. The
will was executed at the law office of
f. l.. Laird, Dec T. 1892, with Laird, C. a.
Bailey and =. II. IInkley as witnesses.
AS deceased gave only the use of $1,000 to
his son Burton and is the principal ground
for the will being contested and probaN y
Is the reason for the widow, Lucia L..
! joining in the contest, as she by the Will
| has the income of one-third of the estate.
| G. n. Barber of Barre Is the executor or
the will and is the proponent. It is claim
ed by the contestants that deceased did
not nave the capacity to make valid will.
| s. c. Shurteff, +. L. Laird and j. =. Lam
son for proponent, Dillingham;, Huse and
Rowland and w. a. Lord for contestants.
| Montpelier, March 24-In County Court
IN the Hamilton Webster will case the
proponents closed their testimony about
the middle OF this forenoon having intro
! dGccd quite a large number of witnesses
10 prove the sound judgment and capacity
! of deceased. 1t appeared that the estate
left was valued by The appraisers at SS9,-
Loo. The contestants, Burton q. Webster,
the son of the deceased, and the widow.
Lucia l.. Webster. both took the stand and
1t was claimed in their behalf that the
reason given in the will by deceased for
leaving his son Burton only $1,000 in trust
that in the years 1890 and 9l he had given
him $l0,iO0 was not warranted by the
facts ana the violent temper of the de-
ceased ut times was a feature of their
case.
Tho jury were given the case at about
3 O'Clock this afternoon and at 500 o'clock
returned n verdict that the instrument
propounded as purportng 10 be the last
will and testament of Hamilton Webster
was proved and established to be his last
will and testament,
Montpelier, March 25,-In the case Of
Emma Jewett vs. w. c, Peck and Charles
4 H. Dana, trustee, plaintiff obtained a
judgment by default this forenoon against
the principal debtor, The action was
brought in general assumpsit to recover
on a note said to be for about $500 Plain
tiff resides in Nashua, ~ H. and her at
torney is j, L. Lawson. Defendant and
trustee reside in Woodbury. The case was
continued as to the trustee, who is rep
resented by ], II, Senter
In Smith, Whitcomb and Cook VS.. C. II.
Huntbn Granite Co., apt, an action in
general assumpsit on a note and account
iHNplNlHb hbouN Si-oi JNbSiHNiN was icilu-
cred for plaintif. Damages are to be as
sessed by the clerk, The parties are Barre
firms. +, j. Martin for plaintiff. u. W.
Bisbee for defendant
State VS. Fred Forth for an assault upon
Lula jerome, a girl of IL years of age
on Sunday forenoon in the grocery store
of w. II. Farrar on Main street in Mont
pelicr at about l0,S0 o'clock. The respon-
dent was alone in the store when the girl
entered and was clerk at the time. The
girl told a clear story upon the stand.
The respondent testified that he was in
the store for the purpose of mopping It
and denied having made the assault. Tho
arguments are now being made States
Attorney Stanton and j, IL, Senter for the
/. State and +. l.. Laird and w. A. Lord for