Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-09-14
COUNTY COURT.
BUSINESS DONE AT THE FIRST WEEK
OF THE SEPTEMBER TERM.
Case OF savant VS.. Porter Screen Manu-.
featuring Company Continued-ver.
diet for Plaintiff in Russell VS..
Rood-Bniley VS.. johnson Now
on Trial.

The Chttenden County Court, which
opened on Wednesday. settled down 70
business Thursday with the trial of the
case of Samuel Savant versus the Porter
Screen Manufacturing company of Wi
nooski. The suit is an action brought to
recover damages from an accident in
which Savant, while in tho employ of the
defendant company, lost two fingers from
his right hand. A jury wac empaneled on
Wednesday afternoon and tho cxamina-
ton Of the defendant opened. This ok
animation was completed on the part of
the defence during the morning ession
and DR. II. II. Lewis, the plaintiffs faith
err, brother and two fellow workmen were
called to testify as to the circumstances
OF the accident and the boys suffering
from It,
The plaintiffs have In court a miniature
working model of the saw, designed to
show wherein II was defective and exact
ly how the accident occurred. The prose-
cuticn claim that the boy was sent to work
at the saw without having been properly
instructed ana that the saw was not In
good condition or sufficiently protected.
Shortly after the opening of the after
noon session an objection was iuterposed 10
the Introduction of the evidence by the
plaintiffs attorneys to show that the saw
should have been and was not protected
by a suitable guard. The plaintiff moved
to amend his declaration and the court 70,
tired, returning later and ruling that the
leave asked should be given. The plaintiff
rested shortly after and the defendants
moved for the verdict on the ground that
the case was not sufficiently established.
he arguments were made and the court
adjourned to make a ruling Friday morn
ing.
only a small amount of work was ac-
complished in the county court Friday
and the afternoon session was adjourned
early to allow the considera /Jn by the
court of question upon the Introduction
of evidence in the case OF j. w Russell
VS.. c. A. Rood, opened a short time after
rcaSse milling in the afternoon. In this
case the suit is brought to recover on a
promissory note for 81. 30 given by the de.
PENDANT to the International Seed Co., in
payment for some oats sold to him in
January, '93, at his home in Colchester
The oats were represented by the agent
as an imported variety of special value
and OF kind which would not rust Ten
bushels were purchased from a sample
and IT is claimed in defense that the oats
were not like the sample and not what was
claimed for them. The following jury was
empaneled: \. \ Hall of Bolton, Henry
Bates and George II. Fay Of Richmond, G.
u. Wright, l.. n. Peck and L. S. Hebb of
this city, B. c. Martin of Hinesburgh b.
f. Brown and w. +. Ferguson Of Willis
ton, |. F. Hobart of Westford, c. H. Hay
den of Jericho, and Frank Blakeley of col
chester. Mr.. Blakeley, Mr.. Hebb and Mr.
ferguson were excused and Henry McNau
of Westford. Earl Bartlett of Undcrhill
and {. '. Newton of Colchester substitu-
ted. At the opening of the evidence a L.
gal question arose and recess was taken
until Saturday morning at Q o'clock
The morning session was occupied with
the consideration of the case of Samuel
Savant vs.. The Porter Screen Nanufac-
turing CO., of Winooski heard the previous
day. The plaintiffs were allowed to amend
their declaration by striking out that por-
ton relating to the kicking of the saw by
which the injury was claimed to have
been done to the plaintiff. 1t was then
held that the case was not sufficient to go
before the jury and it was continued the
defendants asking that they be allowed
their costs upon which there has yet been
no ruling by the court.
The case of Charles Dorr VS. joseph
Lonzo. the first case upon the Jury calen-
dar, has been settled and discontinued
The attorneys We're V. A. Billiard and H.
n. Deavitt
hearing was held at 80 before Judge
Rowell upon the request of Powell &. Pow
ell attorneys for Henry Lewis & Co.. If
Philadelphia for a release of the attach
ment made in the suit of the Burlington q
iinesburgh Railroad Co, against them.
The attachment was made upon several
cars OF steel rails owned by the Lewis Co,
now in this city and is for SIS 900 the
amount of damages claimed by the Bur
linTton n Hincsburgh company in the
suit VS.. Lewis & Co. After considerable
argument the Lewis company were allow
ed to give bonds and the attachment Will
be released upon their arrival.
There was a short session OF County
Court Saturday morning, after which an
adjournment was taken Lu,il Monday
afternoOn and the jury excused until that
time. In the case OF '. w. Russell VS. <.
a. Rood the court ruled that the case
sould not go 10 the Jury and verdict
was ordered for the plaintiff II was held
that the statute provided that IN actions
between the original parties the defend-
ant may plead partial failurecf con5ilera-
ticn. In the case in question the suit was
not between the original parties. the note.
for the collection OF which suit was
brought. having been transferred trcrr the
International Seed company to j. W Rus
sell. The defendant pleaded partial fai-
Lure of consideration. The note was for
$3.50.
There was half hour session of County
Court Monday afternoon. which sssem-
bled at O'Clock after a recess over sun
day. The case of Eugene Mead versus Ed
ward NJ Barlow was set for hearing but
when the case was called. II. f. Brown.
who had been engaged TO represent the
defendant, stated that he wrote his client
TO come 90 this city on Saturday night or
on Sunday morning and that Monday
morning he received a telegram SAYING:
Too Ill to come. VIII send doctors certl-
fcate Tomorrow IL not better" He also
said that he wired for the certificate but
had not received it. Henry Ballard attor-
ney for Mead, objected to the continuance
unless 1t Nas necessary but after con-
ference the case was continued the de-
fendant to bear the costs of the Continu-
auce.
The case Of w y. Hall vs.. o. ]. Hos
ford was taken from the jury and placed
upon the court calendar.
The case of g. s Blodgett VS. j. w
Page is expected to be settled
The cases foo trial by jury are fast dis-
appearing in one way and another and ,his
calendar Will soon be flushed Probably
the longest case now set for trial hy Jury
is that Of Alexander b. FraSer's Will.
Henry Bohannon, who is charged With
rape and whose case Is being investigated
10y the grand jury. secured new bail of
5000 which was entered.
County Court was occupied Tuesday
with the case of Sam Lamport and Max
Samuelson VS.. Thomas Reeves, which had
reached the arguments of the attorneys
when an adjournment was taken. 1t is
alleged that in December 1895 Lamport
and Samuelson took a mortgage Of the
stock OF goods Of Harris Block, then doing
business on Main street. Later in the
month the goods were attached by Sheriff
Reeves on writ in favor of the assngeos
of the Burlington Shoe company the
claim of the plaintiffs being that the mort
gage was without consideration and void
nTh iS