Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1898-09-29
VICTORY FOR CONTESTANTS.
burlington Lawyer Out $4,000 by Yer
diet in barney VIII Case.

The first witness of the day was i. u.
Debcrville, one of the counsel, who testi-
fled to the tracing of some signatures of
the witnesses Of the WILL which had been
used in the trial.
Charles Ransom was upon the stand to
testify to a conversation with Mr.. Barney
deceased and William Lang was called to
relate the incidents of a business transact
ton with Ira Barney.
James Warner testified to a talk he had
with Ira Barney in which he spoke OF his
will
Howard Sinclair was called to relate n
conversation in which Mr. Barney spoke
Of helping some OF his needy relatives.
T.. w. Ward testified to the presentation
OF an order upon the bank for money and
Ormond Cole of Wnoosk testified to the
presentation of an order upon the Winoo-
shi Savings bank.
j. ". Cushman told of n conversation in
which Ira Barney spoke kindly OF some of
his relatives while in the Office of Il. II.
Hard
Or. styles of Essex Centre testified TO
having been the family physician Of the
Barney family and gave statements as to
Mr. Barncy's health.
Mrs. Ellen Barney testified to n visit to
Ira Barncy's house in the summer of %
and his condition and conversation.
benjamin Morris, who watched with
the late Mr. Barney on the last night but
II,
to his condition.
Sheriff Reeves was called to set the time
at which Deacon Ripley left Vermont and
Clark Briggs was called to relate u con-
versation which Charles Y. Barney had
In his office with Mrs. Beach.
This closed the evidence and an adjourn
meht was taken.
The arguments Friday morning were
opened by -. j. Foster. lie was followed
by Attorneys Brown and Bliss for the
contestants and the arguments were
closed by Attorney lIasclton for tho pro-
ponents. Mr.. HBselton did not close until
after o'clock, and the judge announced
an adjournment until O'Clock for sup
per. Upon rcassembling the charge to the
jury was given by Judge Ross. It occu-
pied 20 minutes and at it's close the jury
retired in charge of Deputy Sheriff La
vclle.
Tho case of Ene a. White VS.. I. y.
Chase, an action to recover on judgment.
was entered for trial Friday.
The Barney will case. which has en-
gagged the attention Of County Court for
just II week closed Saturday forenoon
Ghcn the jury brought in n
The twelve men werc worn with an all
night vigil in the interests Of justice.
They came in little before o'clock
Saturday morning and waited until the
arrival OF Judge Ross. when they asked
that parts of the testimony of the Wit
nessos to the will be read. and then re-
tired. About half an hour after retiring
they returned their verdict This would
Indicate that the question was decided
upon the legality Of the execution OF the
instrument. 1t Is understood that the
Jury stood to against the will upon the
first ballot and during the night reached
. to and then II to l. The juryman who
held out longest is reported to have been
Abraham Marlowc of tnderhill. This
disposition Of the case removes from the
hands OF Charles T. Barney something
like $1,000. The estate will be divided be-
tween eight lecal heirs of which Truman
Barney, the father of Charles T. Barney,
is one.
\ Jury was emparclod in tho next
case which Is that OF Louis rloof. admin
istrator vs. the Winooski and BURLINGTON
Horse Railroad company. The action is
"a suit to recover damages for the death
OF the Ploof boy during fair week two
years ago. The boy was run over by the
cars while at play on Pine street.
A judgment for the defendant was rond-
cred in a former trial in Septcmber. 1887
Tho case was taken before tho Sunrcmr
Court and returned with Judgment re-
vcrscd The attorney. are Hard. Drbcr-
willie and Hasalton for the plaintiffs and
Whittcmore and Brown and Macon Der
for tho defendants.
The jury empancled Saturday morning
is composed of George BceChcr OF Essex.
w. G.. Blake of Milton, II. c. Gilbert Of
Burlington. w. b. Han OF Bolton. Hiram
Isham of Williston, A. c. Jcdoin Of Hines
burgh, NJ. A. Kenyon and l.. B. Whlpple
of Wcstrord, l.. =, Metcalf of J'ndcrhill
NJ. II. Packard of Jericho, +. *. Pray OF
Essex and j. II. Sprague OF HUNTINGTON
Chittendcn County Court hogan its third
weeks work Monday afternoon at
o'clock with the opening of the trial of
tho case of Ploof versus the Winooski and
! burlington Horse Railroad company. A
/ Jury i'm the cnye was cmnancllad Sotur.
day morning Nj A. Eanvon of Wcstford
was excused and his place filled by W. O.
Preston of Bolton
The case of Louis Ploor administrators
versus the Winooskl and burlington Horse
3 Railroad cornpnny is a suit ia recover
damages for the killing of Mr. ploof's son
nv the cars en- pine street durinr tho
week of the fair two wears ago. II was
| tried i'm County Court and wont to ma
supreme Court whore il was returned to
| the lower court. At the former trial a
verdict was plvcn to tho defendonts The
| nlnIrtIffs claim thot At tho limo or ms
| ncci,;ont tho oar wn. running ~, n d,rr..-
ous rate OF specd and that tho notormnn
was negligent I'm his porformnrcc of duty
Several witnesses vyrro examined dur-
ing the arternoon. David Levin n how of
! a. testified TO tho hir,h rotc Of snrcd
/ maintained bv the car ana said thai no
heard no gong sounded. He was upon tho
street when the accifcn occurred
Dr T. T,rocoue wa n,,csd imam
tho stand 10 testIfv as to tho sncod NJ
| which tro oar n,escd hin, while dr,vin p,
| from tho fair rrounds HIS horse was
| frightened
! Noses yctt oleo tcstinod that tho car
vas runninr AT n rand rate and he hoard
no gonr sounded
/