Middlebury register. (Middlebury, Vt.) 1886-1937, 1896-12-04
ADDISON COUNTY COURT.

Hon. James NJ. Tyler of Brattleboro
is the chief Judge aud the assistant
Judges are Hon. Gustavus X. walker OF
Bridport and Hon. Millard F. Barnes OF
Addison. These are the other officers OF
the court RUFUS Wainwright, Esq, of
Middlebury. clerk; G. NJ. Wilds, Esq, |
of Middebury, deputy clerk; Frank l..
Fish. ESQ, of Nergennes, States attor-
ney: Kent w. Merritt of Shoreham,
sheriff, with l3 deputies; Charles 4;
Plnnev of Mddlebury, treasurer ana
Miss f. NJ. Ballou of Rutland. reporter
There was quite number OF mem
bers of the bar present when court cor
vened, including joel {. Baker ana
Gcorse e f. Lawrence of Rutlaud' Danlel
Roberts. Seneca liascltOn, 1'nry Bal
lard, W. II. Bliss, Robert Roberts, W.
l.. Burnap and W. II. Collision of Bur-
Iington. eX-Gov. r. j. Ormsbee of Bran
don. Charles f. Kingsley of Salisbury,
j. W. Page and w. W. Rider of Bristol
and F.. l.. Fish. +. w. Tuttle and James
b. Donaway of Nergennes.
Rev. j.. G.. Goodlng, pastor OF the
local Methodist church, offered the open
ing prayer and Sheriff Merritt then made
the customary pruclamauOns for the
opening of the term.
The petit Jurors were hrst sworn ana
after receiving the customary lnstruc-
tions from the court were excused tlll
afternoon. George +. Peet of Bristol
was absent and Adelbert +, Barnard OF
Lincoln was excused for the term.
When the grand Jury was cmpanelled
il appeared that Elisha b. Clark of Lin
coin was absent. He was reported sick
and +. d. Vernal of Nergennes was
drawn from the court room to MI MS
place. Judge Tyler explained their
duties and the meaning OF their oath
and appointed Hon. Henry H. Williams
of Monkton foreman, We have hitherto
printed the names OF the grand ana
petit jurors.
The general law docket, including the
cases on the Jury calendar, was then
gone through with. The cases on tne
iurv list we're marked as follows: r. .
Porter V. town of Cornwall, Joseph w.
Davis V. Lewis c. Cotey ct al town of
Panton V. Ezra Whitford, A. B. Martin
V. George NJ. Delaney. |. W. Hatch v.
f. w. Gage, appellant, and \. i. Iup-
per V. Alison n. McQuivey, trial; Maria
Deiadon by Gilbert Deiadon V. Howard
Cook and trustee, w. T. Delano, con-
tlnued l.. G. SturteYant V. F. w. Whit
tier, appellant, discontinued; Episcopal
Society, appellant, V. Isaac l.. Eells eli
al. Mary 4. Callahan V. Fred Newton
ct AL. appellants. and Lorette II. Curler
V. +. c. Middlebrook, appellant, left
open; and Frederick Hopper v. Robert
Fulton. appellant. set for the court.
| The Episcopal society case, above men
toned is the famous COnrOe Will case
which was tried once and remanded by
the supreme court for re-trial. 1t is eX
pected that date in the latter part OF
the month will be assigned for the new
trial.
Other entries on the general law dock
ct were as follows: Bank OF Middle
bury V. Oliver Severance, Judgment FOL
plaintiff by default; Calhoun ~ stewart
V. Robert Fulton and trustee, Judgment
by default for plaintiff against the pTin
cipal defendant; the Spaulding ST. Law
renee Boat Co., appellant, V. Robert Full
ton and trustees, f g. Marsh. claimant
Judgment by default against principa
defendant. Pattison Murray's execute
V. Charles f. Merrill ct al. and trustee
Sarah +. Murray, claimant; Samuel ID
O'Bryan V. Quincy Swain, appellant
Mrs. Eunice j. Norton V. G. Henry Nor
ton and trustee. Charles Porter. Smitl
& Piper V. II. c. ChalOner, appellant
! b. Ii. Alden V. Charles b. Hall, appel
, liant; Gail Rosenbaum V. Edwin Il. Clay
4 Myer Jonasson & Co. V. same an
I James &. johnson Il Co. V. same, a. w
e Mead V. Fred II. Ball and trustee, ma
: tional bank of Nergennes V. ii. f.. Sar
; ford and j. W, Martins executors '
o same, all entered discontinued or SCI
T. tied and discontinued. Frank \. Farms
n worth v. William Eastwood, appellan
r Judgment for plaintiff ordered on the n
II port of the referee, e. NJ. Wilds. Fol
i State cases were set for trial and Il
e unusually small number of five diVort
e cases were marked for hearings. viii
the divorce case of Nora q. Lowell
'e Albert c. Lowell was discontinue
Il Several cases were marked for cou
e hearings and considerable numb
Is were continued.
10 1t was thought that the case of y.
y Martin V. George NJ. Delanay wou
10 come to trial in the afternoon, but Il
IN parties and their attorneys got togeth
lie and after an hour and three quarters
rived at an agreement and the case w
accordingly entered settled and disco
tinued. The Messrs. Button were cou
sci for the plaintiff and W. l.. Burn
r. and w. II. Collision of Burlington re
lv resented MIR. Delaney.
is There was no case ready TO come
ed until 8 o'clock Wednesday morning.
From 10 to II o'clock Wednesday fo
5 noon was all the time the court work
ne that day. In the case of +. o. Porter
ay town of Cornwall, on the jury list,
of motion for continuance WAS made a
~, argued on behalf of the plaintiff
at Charles NJ. Wilds. and William IL. b
ey ton opposed it for the defendant TOW
MS Porter is Il physician and two OF tn
nd years ago, when health officer of
ar town of Cornwall, under direction of
lie selectmen of the town he vaccinated
he large number of people and brings t
he suit TO recover pay for his servlc
wn Some persons claim they were vaccina
to against their will, and one OF these,
lis A. Thrall, sued DR.. Porter for dan ag
lis It being claimed that there Is no law
rye compel person to be vaccnated agai
ier his will Law questions in that case
DR.. now pending in the supreme court 1