Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1897-06-10
Windsor County Court.

On account of the pendency OF the gen.
eral term OF the supreme court at Montpe-
lier at the time for the opening of the May
term OF Windsor county court, the latter
was postponed one week. On Tuesday,
the 1st inst, the regular session was con-
vened. After the petit jurors were called,
empaneled and sworn, the docket was
called in its entirety. On the jury calendar
we're twenty six causes set for trial. When
this calendar was called three OF these
were set for hearing by the court; four
were continued by agreement; in three,
motions were made for continuance, two
were entered settled, leaving fourteen of
the original assignment still standing for
the jury. Halt OF these will be disposed
OF otherwise than by trial by the jury.
There will probably be about half a dozen
civil causes tried by jury this term. AS
the first of these is long case il may be
safely predicted that with the state cases
and court issues the term will last pretty
nearly, if not quite, up to the time for the
adjourned general term in July. OF the
court issues eighty-siX are assigned for
hearing and of this number twenty are di-
voree cases.
A divorce case-that Of Josephine VS.. @.
w. French-was heard the first day of the
term; the court was not satisfied in regard
to the sufiiciency OF the evidence and the
cause was continued until the next term.
Fred Arnold for petitioner.
The following is list Of petit jurors
summoned to be in attendance: Andover,
Abraham Rowell; Barnard, Wan. +. Davis;
Bethel, j. X. Williams, ". g. Whitaker;
BridgeRater, II. G.. Vaughan; Cavendish,
Edward A. Collins, Henry A. Clark; Chss-
ter, George II. Wadron; Hartford, VIM.
B. Porter, Frank S. Hewitt; Hartland, Oh
liver Brothers, Jr., A. E. Gibson; Ludlow,
Herman Fullam, Walter w. Fish; Nor
wich, n. \. Johnson; Plymouth, Alba
Royce; Pomiret, Edwin $. Jackman; Read
ing, Henry Gardner; Rochester, Will T..
Tupper, Fred Cshee; Royalton, A. &. Cor
bin; Sharon, Herbert E. Day; Spring
field, Allen j. Brown, Durant j. Boyden;
Stock bridge, Charles 0. Durkee; Wealth
ersfieId, George g. Moore; Weston, Fred
+. Benson; West Windsor, Asa A. Cabot;
Windsor, James Gallon, Samuel H. Rug
giles.
The first cause on the jury calendar was
that Of Allen j. Brown VS.. John Heran.
This was one OF those set to the court. The
next case was that OF VIM. II. Smith VS..
John Parker Bagley, tried year ago, re-
sulting in disagreement OF the jury. The
present trial was begun on Wednesday,
the I'd inst, and by the time court ad
journed on Saturday the plaintiffs case
had just closed and defendants counsel
had made an opening speech outlining the
defence. The case is one known as an ac-
tion of Grim. con. in legal parlsnce. The
plaintiff seeks damages for the seduction
Of his wife and the alienation OF her al
fections by the defendant. Counsel in
the case are, for plaintiff, w B. Z Stick
ney, w. w. Stiekney aud John q. Sar.
gent;,s for defendant, Jas. G.Harvey, Frank
Plumley, VIM. e. Johnson and Gilbert A,
Davis.
On Monday afternoon when the court
reassembled, after the recess taken on Sat-
urday, a complication arose in the case
which brought it TO a sudden stop. 1t
was developed that juror--Wm. T.. Tup-
per, hailing from Rochester-had been
guilty of misconduct in that he had been
talked to by one George Tupper OF Bethel,
cousin of the juror. 1t appeared that
Tupper, the storekeeper OF Bethel, had |
asked Juror Topper il he was on the case,
and how it was going. Tuppar the store
keeper said that he knew the defendant, |
Bagley, and Juror Tupper said be did not |
like Bagley's looks. There was other con- |
versation but the foregoing was the sub
stance OF what was shown TO the court. |
This was sufficient, however, so that neith- /
er side felt like going on with the trial |
under the circumstances. Plaintiffs
counsel moved that Juror Tupper be dis
charged from further consideration OF the |
case. This broke up the panel and 1t was
discharged. The case may be taken up /
later in the term il jury can be secured, |
as both sides seem anxious for trial. But |
having lost the right-of-way the case is
side tracked until the cases following II
have made some progress.
Under the circumstances the court did |
not feel like giving Juror 1upper chrome |
for his faithful services-on the contrary |
he was discharged for the term without
pay.
Defendants counsel did not like to con.
tinue with Juror on the panel who had |
so exposed his views in regard to their |
client. Plaintiffs counsel were suspicious
of the Juror, inasmuch as it was stated |
that Storekeeper George rupper, dealer in |
hardware and stoves, was an intimate
friend OF the defendant, and whatever
was had between Juror Iup- |
per and Storekeeper Tupper was in the
office OF the latter. Hence the stoppage OF
the trial.
On Tuesday morning was taken up the
case of Warren r. Taylor John {. Cool |
idge, an action to recover damages Tor
false Imprisonment. AT this writing this
case is on trial. Plaintiff appearing for
himself; Stickney and Sargent appearing |
for the sfense,