Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1898-10-06
RAILWAY COMPANY BEATEN.
Jury Awards MIR. P1oof Damages of
S1428. 75-wili GO to supreme Court
Again.

traitor, versus the Winoosk and Burling-
ton Horse Railroad company returned Il
verdict for the plaintiff to recover DAM
ages to the amount OF S142S.7j. The fore
man OF the jury was w. c. Blake and
they retired at $3.50 on Wednesday night.
The jury separated at about o'clock and
tho verdict was sealed to be delivered yes
tterday morning The case was once be-
fore tried in County Court when a verdict
was given the defendants. The case then
went to the Supreme Court and was re-
turned again to the lower court. 1t will
so up again to the Supreme Court upon
exceptions by the defendants. The occa-
sion of the action was an accident by
which tho Ploof boy was run over and
killed two years ago.
The next case for trial was that OF
Michael Hanley VS.. Frank l.. Gonyeou
and is for the recovery OF damages occa-
lsioned by Gonyeau, who forced Hanley to
leave his farm after having leased II to
him and allowing him to plant crops and
do other work. The defendant claims that
his action was justified through the con-
dition of the work upon the farm.
The following were empaneled as jury:
u b. Andrews Of Richmond. r. c. Beers
lof Charlotte, Robert Forbes of st. George,
Henry Goodsell of Shelburne, G.. w. Gran
. ger of Milton. NJ. \. Kenyon of Wcstford,
Sanford Marshal OF Williston, B. Il. Nor
rill of Huntington, f. j. Palmer OF Sh"l-
hurne, j. Nj. Rolfc of Colchester. james
Tufndn Oh W flllCOInD Oh
Cnderhil.
The day was given up to the examina-
ton OF witnesses and the case viii proba-
bly, consume the remainder Of the week.
1t is of but little interest. The witnesses
. examined were r. T.. Gonyeau, Michael
: IIanlcy, William Chaplin. G. N. Marsh,
= James Murphy, Frank Yandaw, John Par
kcr, Frank Blake, Irving Whtoomb, Clo-
fus Guyctte, Charles Yandaw and James
Lester. The testimony of all OF these
witnesses related to the condition OF the
farm and crops under discussion and was
OF little interest to the general public.
, The two cases of George Prentiss VS.. the
Merchants Collection Bureau and George
Prontss W.. Reed and Bates Of Essex
Junction have been entered discontinued.
; The case Of Arthur Trombley vs.. II. A.
: Davis and c. j. Ferguson, managers Of
, the Merchants Collection Bureau, stands
for trial at the next term Of court.
The affairs of County Court took an un-
usual turn Friday when as the court
came in after the noon recess an agree
mcnt was announced in the case Of Mich
r acl Hanlay versus Frank +. Gonyelu. The
case had been on trial for u day and n
half and the plaintiffs had just completed
putting in their testimony when the agree
[ mcnt was reached. A consultation OF at
; torneys was held during the morning
when a settlement was not arrived at but
during the noon recess each side made
$ 1t will not be taken from the court docket
Q Until the terms OF the agreement are car
rcd out by the defendant.
The unexpected closing of the Hanley-
/ Gonycau case brought the case OF John
Fanwiclt versus William Ferguson before
the court as the next case and after en-
, parcling jury and the statements of the
r attorneys an adjournment was taken until
/ Saturday morning. The case has to do
with the location of certain outbuildings
which the plaintiff claims injured him by
their being placed at a certain point by
the defendant. The parties are from Will
I liston.
The jury in the case are George Bcecher
OF Essex, w. c. Blake of Milton, ii. G.
Gilbert OF Burlington, A. c. Jedoin OF
c Hinesburgh Abram Marlowe OF Cnderhlll
= l.. Z. Metcalf OF Underhill, NJ. II. Pack
I ard OF Jericho, S. NJ Plat OF Winooski,
@ w. G. Preston OF Jonesvile s. C. Ray OF
G Hinesburgh,>J. T. Sprague Of Huntington
I and +. b. Whipple of Westford.
The case of the State of Vermont YER
sus the Bradford Savings bank and Trust
IL company was disposed of Friday by tho
: entry of judgment for the defendant and
4 exceptions allowed by the plaintiff under
i which the case goes to the Supreme
Court.
The case of Mary Trayan versus S. n
Marsh was entered Friday for trial N
: the next term of court. The action Is for
500 damages for an assault which took
place in Colchester
A hearing was had in the divorce action
= of Carson versus Carson but no decision
was announced.
There was short session of County
t Court Saturday morning, opening al S:SC
c and continuing for two hours, when al
e adjournment was taker until 2 O'Clock
o Monday. The case on trial Is thai
: of John Fenwick vs. William Ferguson
c of Winston. The plaintiff claims injury
to n well and to his premises by the build
ling Of a COW shed In close proximity
There were but two witnesses examined
during the morning. They were Jairu'
o lsham and the plaintiff. Fcnwick. o
these the latter was the most interesting
II and was examined at some length upoi
II both sides regarding the condition o
"a things which led to tho suit.
~ The defendant made the request at ad
:, jouynmcnt that the jury visit the location
70 OF the buildings involved in the litga
| ton.
n County Court resumed its work Mon
. day afternoon at O'Clock with tho cas-
4 OF John Fanwick versus William Fergu
20 son. The defence introduced n few wit
g resse. during the short session
~ County Court began It's work upon TIL
criminal cases Tuesday afternoon ant
- disposed of three prisoners. who wer
~ brought in for sentence during the after
~ noon This class of cases will be dispose,
- of this week and an adjournment will b
NJ taken until after the term OF Suprem
N Court, which begins next week Tuesda,
10 in Montpelier, Is over
"a The trial OF the case of Fanwck versa
40 Ferguson for nuisance in the erection o
- certain outbuildngs near the plaintiff
: house in Wiliston was completed durin
re the morning session and the court CAV
~ the charge to the jury at o'clock.
a verdict was returned finding damages O
" one cent for the plaintiff.
Peter Murren, who forged the name O
ID, c. Barber upon check in July an
passed the check upon John II, Black wa
o arraisned and through his attorney en-
tered a plea of guilty. He was given
m sentence OF three years in Windsor
II Tho Bolton stabbng ARRAY of elcctlo
cs day was disposed OF and James McCab,
o. who stabbed Edward backyard, was Ser
O. fenced to serve a term OF one year in TN
* House of Correction at Rutland.
ed A plea OF not guilty was entered by Wi
a. liam Maple Of Underhll, who was indicte
IA by the grand jury for an assault upo
n Gertrude Cummings. The case stands 70
trial.
SEPTEM BIER WEATHER.