Middlebury register. (Middlebury, Vt.) 1886-1937, 1900-12-07
THE COUNTY COURT.

stay behind and collect bills owing him,
but that he would Join her soon in Min
neapois and they would then 90 on to
Denver to make their home. Mrs. Drake
waited for him in Minneapolis until she
grew weary of waiting, but he never
came. Finally she retured to Vermont,
coming to Middleburv and going hence
to Cornwall. Mr.. Drake was still in
Burlington and considerable correspond
ence passed betw them, but he never
made her home nor lived with her
again, Meanwhile she has supported
herself by sewing at Cornwall and in
st. Johnsbury. When Drake went into
business in Burlington his wife, who
was also his step sister, let him have
$500 TO help along, and she helped to
furnish their home, but she never got
back any of the money nor any of that
for which her furniture was sold. a. V.
Spalding of Burlington appeared for Mrs.
Drake and no defense was made by the
husband. The decision was reserved.
Shortly after o'clock a recess was
taken to Wednesday morning at 9 o'clock
There was a large array of legal talent
present during the day. Among the out
of-town lawyers on hand were II. w.
Moloney and F. ii. Button of Rutland,
Hon. f. j. Ormsbee and j. w. Atwell of
Brandon, +. l.. Fish and F. w. futile of
Vergennes, j. w. Page, w. w. Rider
ana G. l.. Hasseltne of Bristol. and Hon.
Henry Ballard, Senator K. +. Brown
and A. V. Spalding of Burlington.
When court came IN Wednesday morn
ing the case of Frank w. Delva V. James
W. Peck was called on, and, as the first
Jury trial of the term, was begun at 9 80
o'clock. The first twelve men called
were accepted as the jury and the case
was promptly proceeded with. taking up
the whole time of the court for the day
and then not being completed. Lawyer
LaFleur of Middlebury appeared for the
plaintiff and Judge Bliss of Middlebury
| for the defense.
The case grows out of the purchase of
horse by the plaintiff from the defend
ant, and is brought to recover 5000
damages. On the 2Sth of June last
Delva, whose home is In Charleston, n.
H., where he is engaged in numbering,
was over this way looking for a driving
horse, and learning that MIR. Peck had
one that might do he drove 70 the latter's
place in West Cornwall to see il. He
looked the animal over and rode behind
it hitched up double, the horse not being
broken to drive single. Peck asked $40
for the horse, but finally agreed to sell
him for SlGj and Delva agreed to take
him at that price, claiming on the stand
that Peck said the horse was sound, per-
feet and all right. He paid $40 down,
and the next day Peck brought the horse
to Middlebury and delivered it at the
Pierce House barn. Whereupon the
plaintiff gave Peck check for the bal
ance of the price. Delva took the train
south the same day, leaving the horse in
charge of Charles Robbins, well known
hereabouts as brt aker and trainer of
colts.
Delva did not see the horse again for
about six weeks, when he returned to
Mlddlebury and found, as he alleges,
that the horse had one hip knocked
down, was somewhat lame at times in
the left hind leg, and stepped shorter on
that leg than on the other. Later it
cropped out in the testimony that there
was small SPAWN on the hook of the