Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-03-23
VERDICT FOR HUNT e. co.
Nelson Bacon Cannot Recover Money Paid
For Iiunor-- Daley senterced.

Nelson Bacon Cannot Recover Money Paid
For Liquor--Daicy senterced.
The jury disagreed Thursday in the
ol II. j. Severance, administrators VS.. the
Hartford Life Insurance company, an aC-
ton to recover $1,000 which was the amount
Of policy upon the lie of Mrs. Eva Sew
GRANGE OF LsseA, deceased. They Were
busy from 1913 Il. m, TO after in the al
tcrnOon in its consideration. The jury
stood IL to / in favor of the plaintiff recov-
ering the amount of the policy with inter-
est for seven months, or sl035. The jury
panel wero discharged until Monday at
ternoon at o'clock.
The business OF the session was resumed
at 9o'clock Thursday morning and Attor-
hty Haselton closed the arguments for
the plaintiff in the insurance case. The
charge of Judge TAFT followed and the
case was given to the jury. The case OF
Powell IL Powell VS.. The First National
Bank of Concord, \. H., which has been
set for trial and supposed to be for the
jury calendar. was then announced to be
with tho court and another jury case was
thus disposed of. The case Of Samuel Sa-
want VS.. the Porter Screen company was
called up and Attorney Burnap presented
an affidavit of the physician of Edward
Couchant that he was unable to appear
in court, being i'll with nervous prostra-
ton. Attorney Foster, for the plaintiff,
announced that they also depended upon
this witness IN the cIsu aLf that they
were in constant communication with
him. He added that it hal been arranged
to have a closed carriage to tring the wit
ness to court and he would be ready when
the case was tried.
The State docket was called and several
cases disposed of by nolle prosequt
or discontinuance. In the case OF
the state VS.. William Langlois,
~
which Intoxicating liquor was involved
u plea of guilty was entered and fine of
$40 imposed. The following were nolle
pressed; state VS.. John Sheehan, intoxica-
ton; State VS.. Ernest MERCER. breach of
peace; State VS.. Nellie Scott, apt, liquor;
state vs.. william Blondin, breach of
peace; State VS.. Edward Blondin, breach
of peace.
The case Of State VS.. Anna Heartthrow,
apt, liquor, and State VS.. Wilbur =.
Norwood. nuisance werenot brought for
ward and therefore stand for trial. state
VS.. George Wiley, breach of the peace;
State VS.. NJ. c. Powers, keeping pharmacy
without licensed clerk: State VS.. Michael
Callahan, liquor and State VS.. ]. II. May,
liquor
The wei! remembered case of S. p. Sake
VS.. w. J. Van Patten, ct ais, Is announced
for trial by the court. The cases of c. W.
Willis VS.. l.. A. Drew and Philomene
German VS.. Louis German, petition for
support are discontinued. Judgment on
verdict is entered in Barnes VS.. Mcneil
and Sturdevant. John j. Flynn, admins
traitor VS. City of Burlington is discontin-
ued. Non-suit for want Of bail was en-
tered Thursday in Louis Lav!gne vs.. Gym
thia De Graf and Louis Lavigne VS.. Jo-
/ scph De Graft.
The case of Nelson Bacon VS. +. w
Hunt & Co, of Boston was thu business
q. ff,,,, -
Court Monday Afternoon at o'clock
The case is an action brought by the plain-
utr Bacon to recover from Hunt Il Co
$j7S, as money paid by Bacon to the do
PENDANTS for liquor, on the ground that
the sale was illegal under the Vermont
law. Points are sk.l.fully con
tested on both sides. II. ,
Peck and W. L. Burnap appear for bacor
and u. j. Foster and Seneca Haselton re-
present the interests of Hunt & Co. The
defendants hold that of the 1913, winch Is
claimed, S401li was sold under contract
which has been held to be legal in a sui
between the same parties with the position
of plaintiff and defendant reversed at The
last september term of court, when the
company recovered a judgment of abou
$500 on this ground the court excluded
testimony in support of the plaintiff
claim OF the remainder which Bacon
seeks to recover, $2V9.G0 is claimed 20 nave
been for ale and porter sold in the orlSind
packages as imported The balance q
1855 it is claimed is for barrel q
whiskey and a barrel of GIN the contGac
for which was made in Massachusetts an'
therefore is not u violation of Vernon
laws and it also claimed that these goods
were sold and delivered in the origna
package.
The plaintiffs counsel examined j. w
Gabrielle of Randolph, who Represented
Hunt & Co., in the sale, If one was made
the plaintiff Bacon and his clerk at tina
time. Fred Burritt The defendant
examined only ID. +. Hunt of h. w. Huh
8, Co
The jury in the case are Albert II. Bal
of Charlotte, +. b. Smith of Westford, j.
r. Russell of Essex, James Il. Russell o
Burlington. Levi A. Cushman or rndcr
hill, f.. A. Bowles of Burlington, O. 6. AT
wood of Bolton, +. II. Macomber of Shel
burne Leonard b. Willard of Burlington
Underhill and A. n. Stevens of Richmond
c. A. Jimmo of St. George, f.. j. Corse G
The sessions of County Court held Tues
day were without much interest excep
to those directly involved in the matter
under consideration. The case of Nelso
Bacon VS.. f. w Hunt x Co., an actlo
brought to recover money paid for liquor
which was begun Monday afternoon, wa
completed and the arguments made h.
Attorneys Peck, Foster, Haselton an
Burnap. The case went to the jury short
ly before 8 o'clock and at the adjourn
ment of court they had not agreed upon
verdict
, Upon the reopening of County Cour
yesterday morning at o'clock the Jur
in the case OF Nelson Bacon vs.. f.
: Hunt & CO., OF Boston appeared with
verdict for the defendants which had bee
: arrived at on the evening previous an
sealed. In this case 1t will be remembers
the plaintiff sought to recover amount
paid by him TO Hunt & Co. for liquors o
the ground that the contract for the liquo
was made in this State and illegal. At tn
= last term of court in September case
= which the positions of plaintiffs and de
= PENDANT were reversed. in an action 10 &c
2 cover for liquor, a verdict was given IL
, Hunt & Co. The jury were "A considerable
4 period in arriving al this verdict, havin