Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1896-02-27
UNITED STATES COURT.
Opening of the February Term ut the
Court House Tuesday.

Court House Tuesday.
The February term of the United states
Circuit and District Courts convened
Tuesday morning at 10 o'clock at the court
house in this city. The officers of the
court are: Hon. II. II. Wheeler, Judge;
George Il. johnson, clerk J. IL. senter,
district attorney; e. s. Harris, marshal;
N. s. Stearns and J. A. Kelley deputy
marshals, and j. II. Mmms, reporter.
The grand jury was empanelled as fol-
lows: N. K Brown, II. w. Hall, f. II.
Parker, w. s. Vincent of Burlington; A.
A. Graves of Winouski; j. " s. Mack Of
Shelburne; s. B. Waite and c.. II. Camp
bell of Hyde Park; N. O. Leonard of Fair
fax; C. b. Warren of Northfeld, II. M.
Stearns Patrick Ward and j. Il. Butler
of st. Adams, Warren Clark, II. Fl. Scott
and A. II. Royce of Swanton.
The petit jury is as follows: C. d. Rub
lee of Swanton, G. A. Willston of st.
Adams d. K. Patrick of Hinesburgh, SAT-
ford Fay of Richmond. e. il. Thayer of
Mortified, Donald and f. l.. Smith of
Barre, e. W. Gilman of Marshfeld, f. p
Willard of East Montpelier, Byron Good
win of North Montpelier, l.. b. Brooks,
+. T.. Smith and ID. w. Temple of Mont
peier, George Morse and Willis Bryan of
Waterbury, Henry Brush of Milton, l.. $.
Small of Morrlsville, and Il. IL. Roleau of
Essex junction.
The docket was run through and the
cases were disposed OF as follows: In the
Circuit Court law docket ten cases were
continued, the case of Frances F.. Foster
vs. the Connecticut Mutual Life Insurance
company. was discontinued. and the case
James Finnessey vs.. the Western Union
Telegraph company was dismissed. The
case of Wayne Cobleigh vs.. the Grand
Trunk railway of Canada for an accident
at 4 grade crossing was taken up, jury
was empanelled and dismissed until We'd
nesday. The case of the Glens Falls
National bank VS.. ]. w. Cramton was ta-
ken up and occupied the attention of the
court most of the day. 1t Is an action
of the bank vs.. ]. w. Cramton. a stock
holder of the Vermont Investment and
Guarantee company, doing business in Or
well, to enforce the superadded statutory
liability of the defendant and stockholders
in favor of the plaintiff as a creditor, The
liability was created by the charter and
the question was raised by plea of abatc-
mont of the jurisdiction, charging that the
Circuit Court as a court of Aw could not
| administer the remedy and nat the only
relief for creditors against ,ae stockhold-
ers is n bill of equity FOR e. benefit of
all creditors against all the stockholders
j. C. Baker for plaintiff and Stewart and
| Wilds for defendant.
In tho chancery docket % cases were
| continued; i've are under consideration
of the court; one was left open, and there
will be a hearing in that of r. j.. Foster,
receiver, etc. vs. Il. f. Lincoln, ct ais.
In the District Court Law docket, 81
cases were discontinued and 10 cases
We're continued. In the case of
| United States VS.. Chauncey Arlington
the respondent did not appear and the
bail was accordingly ordered forfeited. In
| the case of United States vs.. a. l.. Miller,
| for smuggling, the respondent was ar
raigned and pleaded not guilty. motion
| for a continuance made by the rcspon-
/ dent was denied. and the case was noted
| for trial.
The first case taken up in the United
States Court yesterday was that of Wayne
| Cobleigh vs.. the Grand Trunk Railway
| company of Canada. This Is a suit 20 re-
cover damages for an injury sustained by
tho plaintiff in consequence of a train OF
the defendants road striking his team as
| he was crossing a highway in the town OF
Stratford, n. H.
The plaintiff lives on the Vermont side
of the river and on the day of the acct
dent, November 10. 1884, was on his way
| from S.ratford to his nome. Some time
| before he approached the crossing he heaiu
| whistle but did not know whore 1t came
| from. A binding snow squall was raging
| and he was unable to see the track At all.
| AS he was very near the track he S'opped
and listened for the whistle ,f any tram
that might be coming, and hearing none
started across the track. Just then he sa "
an express train dashng toward him,
coming down the grade with its own mo-
mentum. The. train struck the wagon,
completely demolshing IT, He had good
grip on che reins and by T~.nging on TO
them was dragged by the horses away
| from the train. He suffered internal IN
juries and was partially paralyzed and his
| hearing is impaired After the accident
he was confined to the mouse for 30 days
and all his powers have been permanently
impaired.
The defcrSant Claims that plaintiff must
have been negligent because the railroad
track for lorg distance was in eight and
with Ordinary observation he could have
seen and avoided the train
Mes0rs Bates and May of st. Johnsbury
appear for the plaintiff and for the de-
PENDANT appear Messrs. Strout and Hight
of Portland, Ne, and Robert L. Chamber
lain of Berlin, y. II. The former are gen
eral collectors for The Grand Trunk Rail-
way company, the natter is cx-speaker OF
the New Hampshire Legislature.
The entire day was taken up with the ex'
: animation of witnesses, which will be con-
; tinued to-day.
+. l.. Fish of Vcrsennes was admitted
as an attorney in the court.