Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-03-16
COUNTY COURT.
Case Of Severance, Adniristrator, VS..
Hartford Life Insurance CO. ION Trial


before the adjournment of court Friday
evening. The case was that of Bertha G. /,
Barnes vs. Sarah Mcneil and Gaines N. |
Sturdevant, all of this city, in an action
to recover $3.50 damages for trespass. The
suit grows out of the renting of a room in
the house of the defendant by the plaintiff
from which IL Is claimed her furniture and
belongings were elected without cause by
the two defendants. The house where the
trouble occurred is that opposite the How
ard Relief building on Pearl street. The
trouble occurred last summer and Miss
Barnes, who Is a music teacher, claims
damages by reason of her ejectment.
o. G. Atwood of Bolton, a. l.. Barrows
of Burlington O. H. Brown of Jericho, L.
J. Corse of Underhil, Lyman Hill of Hunt
ington, c, a. Jimmo Of st. George, Frank
II. Macomber of St George, II. H. Reed Of
Shelburne, A. r. Stevens of Richmond,
Lawrence Swnger of Huntington, and l..
y. Crane of Burlington were selected as
jurymen.
| The plaintiff summoned as witnesses
. Bertha G. Barnes the plaintiff, Sarah Nc
Neil and Gaines n. Sturdevant the de-
PENDANTS, Henry Barnes, the plaintiffs
father Or. 5. Wager and Chief OF Police
Smith. The defendants examined Attor-
ney Burnap, Ralph McCarty and defend
ant Sturdevant. Mrs. Sturdevant was
, not allowed to testify.
At the close of the plaintiffs case the
defendants entered a motion to direct
verdict. which was overruled. The exam
nation Of witnesses was closed late in
the afternoon and an adjournment was tax
On, after the opening argument had been
made by j. II. Macomber. Brown and
Macomber appear for the plaintiff and w.
, I. Burnap and Seneca Haselton for the
defence.
The case Of McKannon Bros. vs. Spoon
. err and trustee has been settled and dis
continued and removes another case from
the jury list.
. The cases of the state vs. Langlois, the
state vs. G. l.. Campbell and the State VS..
Albert Biscarnais, appeals have been en-
tered in County Court The first two are
liquor cases and the last a. breach of the
peace case. The case of Fred Welinger
VS.. Ernest Houssmann an action to re-
cover q book account. an appeal from JUS
tice court, has also been entered.
County Court reoonvened Monday af-
ternoon at 2 O'Clock and Judge TAFT at
once charged the jury in the case Of Der
tina G. Barnes VS.. Sarah Mcneil ond
Gaines n. Sturdevant which had be en-
q completed with this exception on Satur-
o day forenoon. The jury retired at 215 and
II remained out until almost o'clock. when
they returned verdict for the plaintiff
to recover damages in the amount of sl2.
y ana were excused until Monday at 9
= o'clock. The case was action of tres
VI pass to recover damages by the plaintiff
6 for having been forcibly excluded from
y rooms leased by her of the defendants on
e Pearl street.
$ The case of Walter T.. Ring, apt, vs. AL
Yah c. Rings estate is removed from the
. jury to the court calendar The case OF
IT Eugene Mead VS.. Edward NJ. Barlow is
d continued are the ejectment suits OF
IL l.. r. Morgan VS.. Fannie d. johnson and
y Fannie d. johnson, VS.. E. T.. Morgan.
le The case on trial Tuesday was that OF
,e f. j. Severance, administrator, vs.. the
IL Hartford 70 in
l. action to secure the payment of the val
p lie of 5000 policy upon the life of Eva
l. Severance Of Essex, who died i'll April
* 1898. The attorneys for the plaintiffs are
'e u. j. Foster and Seneca Haselton while
y G. +. Hogan of St. Adams appears for the
insurance company.
IL The following were chosen as jury
Il Albert II. Ball of Charlotte Henry A
Re Bixby of South Burlin ston, Albert Bliss
of Wlliston. L. A. Bowles of Burlington
e, Levi A. Gushing of Underhill NJ. L. Doug
n lass of Colchester G.. A. Edwards oil
is Richmond. Ira Hawley of Jericho, Tira:
Isham of Williston, Albert Killam Of Bur
SO lngton, George Prentbss of Milton anc
st Frank e. Smith of Westford.
II. \ discussion between the attorneys a
le the opening of the case over the right o
e the admins traitor to bring a suit of thu
in character appearing led to a recess Of /
~ minutes, during which authorities Wer'
I'd sought and presented to the judge wh'
er held that the suit was properly brough
and the case proceeded.
is The plaintiffs introduced only the let
m ters of administration for the administra
As tor of the estate of Mrs. Severance anC
1t the insurance policy after which they rest
Mt ed and the defence used the remainder o
st the day in the examination OF the follow
y ing witnesses: Robert McCannon, job
MT and Henry Noonan. Mr. and Mrs. W. $
Brigham, Mrs. Abhie Nichols and Dr. G
M Ferrin of ESSEX and Della De Forg
of Colchester. The defence in the case il
that Mrs. Severance obtained the insur
ance policy issued to her under pretens
he of conditions of health which she had NJ
right to make and that she was at tn
H. time the policy was issued already feelin
the effects of a lung difficulty. They ais
n. maintain that she grew worse after tn
policy was issued and died from the effect
r. Of disease with which she was affecte
when the contract of the policy was mad
o. and therefore 1t was fradulently obtained
The two cases of Charles p, and Georg
II, w. Stevens of Bolton VS.. L. A. Wedge II
an action of assumpsit and the same i
cd the chancery docket are entered settle
and is continued. In the latter case til
.al entry is discontinued by consent of tn
an parties without an accounting of the r.
ceiver in court and without costs. Jane
N W. Brock Of Montpelier has been appoint
cd receiver.
N The case in county court in which e. J
Severance, administrator, seeks to recoV
h. er the amount of the 5000 insurance poll
mt ~ VI ~ fN" Sc' q '''No' itOi'i INC ii'
ford Life insurance company, occupie
IN. the entire day yesterday. The defence
which had previously used no witnesse.
IN. simply placing in evidence the insuranc
policy and the letters of administration
in used several witnesses in the morning an
early portion Of the afternoon. The wit
~. nesses examined in rebuttal were Mr.. an
" Mrs. !. T. Story, John Severance, the fl
"A ther of the deceased woman, Edwin SEX
crance the plaintiff, L. j. BiXby, Or. {
a. NJ. Ferrn and Dr. W. W. Styles. Tn
burden of the evidence introduced was
IL refute the testimony of the defence to tn
effect that Mrs Sverance's health wa
IN poor at the time the policy was issue
and that she knew She was not in goo
IN health.
Oneof the incidents of the day cam
ie shortly after the noon recess when ID
Styles was examined by Attorney e.
Hogan for the insurance company.
his questions Mr., Hogan suggested 10 ID
,ca Styles that he was AN interested witnes
e,, which was admitted. He then asked II
tle witness If he had not refused to talk abol
of the case with Hogan to which DR.. Styl,
DID answered yes nut was not HlioWeu
nd explain LOT Wnal reason tpoh 'ne exam
av nation of the witness by Mr.. Foster
nj was shown that Mr., Hogan approache
yer the witness in the lawyers room at moo
NJ and used lanGugage OF an intimidat tin
.le character, telling him that it would /