Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1900-06-14
Windsor County Court.

The present term, which commenced its
session on the 9th. will not be Of long du.
ration. Judge Munson is presiding ana
though this is not the regular term FOR
the attendance OF a grand Jury a special
one was summoned to consider the matter
OF the killing OF Deputy sheriff Geo. w
Hoffman by the ShaWs on the sttemut to
arrest them when fugitive Jail breakers.
The condition OF the younger Shaw is
Improving and ii is quite probable trial
VIII De had at the present term. No
counsel mas as yet been assigned to de-
fend the respondents, but il is UNDER
stood that the leader OF the Windsor
county bar, not to say OF the state bar.
Mr.. VIM. b. {. Stickney OF Bethel, will be
appointed 10 assist States Attorney j. g.
Sargent in the prosecution.
The special grand Jury as summoned
was composed OF the following mem
q. h. Upper, Bethel; Andrew j. Phinney,
Bridgewater; E. g. White, Cavendish
Chas. A. Allen, Chester; Chas. ID. Hazen.
Hartford; F. r. ellison, Hartland: Fred
Thompson, Ludlow; Francis +. Spear,
Norwich; Simeon n. King, Plymouth;
oliver G.. Bugbee, Pomiret; Ernest Will
kins, Reading; Geo. X. Taggart, Royal
ton; Granville 5. Derby, Springfield:
James j. Parker, Sharon; c. Frank Al
drich, Weathersield; Edward Ruggles,
| windsor; Cyprian 5. Worcester, West
/ windsor; Edwin {. Emmous, Woodstock
Two OF these were excused, Messrs. Top
per OF Bethel and White OF Cavendisn,
and their places were filled by calling two
talismen.
On Friday morning the special grand
/ jury made its report, consisting OF five
true bills and two not found. Ii is
understood that four OF these bills are
against the two Shaws, one for jan break
ing and one for murder, in eacn case.
The civil docket contained about 80
entries OF cases assigned for jury trial,
/ divided up in the four first days OF the
term, from the 5th TO Friday, the sth, in.
! elusive. Pursuant 10 the present practice,
! the whole Of the court calendar was called
+ on the first day OF the term, Il general
+ ~ happens that when any case on the
I first days assignment is tried sc strength
ems the docket and other cases are tried.
4 The reverse is also true, when the cases
I on the list set for the first day fall
+ through, the rest follow suit. The first
I case on me list was fully expected to Ue
I tried but the day before court convened
I this case was settled. II was that OF
+ Spencer vs.. the estate OF DR.. Sperry, and
grew out Of an alleged malpractice 10 set.
ting a fractured and dislocated ankle Of
T Mrs. Spencer. Her case was tried last
+ term, and she secured n small verdict.
/ The present case was in favor OF her hus-
/ band based on the same claims. The IN
+ suspected disposition OF the case disHr-
ranged the docket and on the first call all
/ the entries were disposed OF until the
/ first one on the list for Thursday, the 9TH,
! which was the contest over the Will OF the
/ late Edmund McCabe OF Hartland, who
died last year.
In the afternoon OF the first day the
petit jurors were called and sworn and
charged by Judge Munson. The follow
ing IL d list OF those called for service as
trial jurors -:
Homer g. Allen, Sharon; Edison g.
Austin, Windsor; J. II. Beckwith, Bethel
Henry A. Bond, Chester; Edward j.
Blanchard, Plymouth; II. {. Benson,
Royalton; Lund X. Barney, Springfield
Fred Nj. Chase, Barnard; Owen A. Cobol
Bridgewater; Ambrose b. Currier, Nor
wich; Fred L. Feltt, Andover; Charles W.
Graves, Barnard; John +. HRgHr, stock
bridge Fred'k W. Marsh, Chester; h. h.
Miller, Hsrtand; Frank W. Martin, Lud'
low; James "a. MARTIN, Springfield; {. L.
Martin, Weathersfield; John Pinneyi
Ludlow; j. Alstine Parmenter, Rochester;
/ A. A. Soper, Bethel; John r. seaver,
/ Cavendish; George b. Spencer, Windsori
/ Orville Nj. Tinkham. pomfret; Romano
J X. Taylor, Weston; Edmond NJ. Thomas,
+ West Windsor; Chas. j. Udall, Hartford
/ Harvey Vaughan, Woodstock; Moses H..
I West, Hartford; Burt wilkins, Reading
There being no case for trial on Wednes-
day the Jurors were excused until Thurs
day morning when the McCabe case was
taken up. Messrs. J. {. Enright and w
b. C. Stickuey appeared for the pro-
moments OF the will and VIM. Batchelder
and VIM. T.. johnson for contestants.
Edmund McCabe in making his Will IN
1895 left e, 600 to his wife and the balance
o! his estate, valued at 5000 or slO,OO0, 10
other relatives, cutting of his son, owen
MeCabe, with five dollars. The SON
Owen, and his mother are contesting the
validity OF the will on the usual GROUNDS
OF undue influence and want OF mental
capacity, the last named being mainly re-
lied upon. Before the old gentleman
made the will be had an examination oy
Dr. Goss OF Hartford as 10 mental capac-
ity. The doctor testified that in his
opinion McCabe was of sound and dis
posing mind and memory. Other W.T.
pesses also testified TO like opinion, IN
GLIDING DR.. Henry Boyntoni VINO eA-
amined Mr.. McCabe in 1897, shout year
after the execution OF the will.
The evidence on the part OF the contest
ants tended TO show that shortly before
the will was executed, OF about that tlhiei
Mr.. McCaDe had a stroke OF paralysis,
which somewhat shattered his MIND ana
memory that he would forget VINO peo-
pie were that he should know and was APP
pareptly lost and bewildered in localities
he had known intimately for forty years
that he would meet man whom be
should know and would ask him now
such man was getting on. naming the
very man he was conversing with,
When the recess came ON saturday
Owen McCabe was on the stand and was
being examined by Mr.. Batchelder.
Ths case was resumed Monday sitter
noon with the cross examination OF the
contestant, Owen F. McCabe.
Town Health Items.
Sick folks. who are afflicted with bad