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

same leg. The plaintiff went to Mr..
Peck and told him he wanted him TO
make it right by taking back the horse
and paying him back his money. This
Peck refused to do, but said he would
give him Sl25 for the horse if he was all
right. Delva replied TO this that he
would rather let some one else have the
horse for SO than to sell it back to Peck
for SIPS. This closed the negotiations for
settlement, and suit was promptly
brought, the horse still being in the care
of MIR. Robbins.
The plaintiffs side of the case was ALI
got in by the middle of the afternoon.
Judge Bliss then made motion that the
plaiutitl be non.suited. as the plaintiffs
own witnesses had not furnished any
proof of the main complaint, namely:
that the horse had had a hip knocked
down, and there was therefore variance
between the declaration and the evidence.
After brief arguments by Judge Bliss
and Mr.. LaFleur the motion was over
ruled, and the Introduction of testimony
for the defense was begun.
The defense denies in toto that there
was anything wrong with the horse at
the time of the sale and delivery and put
in testimony to that effect during the
remainder of the afternoon. About 20
witnesses in all were put on the stand
for the two sides. and the testimony was
not all in when at > 10 o'clock a recess
was taken to the usual hour on Thursday
morning, with the understanding that the
defense have a right to have an expert
make an examination of the horse during
the forenoon, but not in the presence or
sight of the jury.
| The trial of Delva VS.. Peck was con-
/ Iax rifh H..
| PENDANT Peek on the witness stand. Mr..
Peck's testimony was practically a com
plete denial of all the claims of the plain
tiff as to unsoundness in the horse at the
time of the sale. Defendant testified
that he told Delva that the hose was
sound and perfect so far as he knew, and
! that he haf never noticed the least thing
wrong about him. He also asserted that
he lad seen evidence of ill-treatment
while the horse was in the hands of Mr..
Robbins. The testimony for the de-
Tense had not been concluded when the
court took a recess for dinner, at which
time our report for the week closes.
The grand jury came into court at
l0:l5 o'clock yesterday morning and re
ported for the first and last time. No
cases had been brought before them and
no bills, true or otherwise, were found
lney lOunu tne scnOOi moneys IN lne
different towns to have been properly
handled, and the public cemeteries to be
in satisfactory condition. They recon-
mended that, for the safe keeping of
ugly prisoners and the protection of the
Tailor, a steel partition be erected in the
interior of the Jail from floor to ceiling,
cutting of light cells at the south side
from the rest and leaving corridor on
the north side. They further reported
that they found no evidence of the
illegal sale of Intoxicating liquors nor
of the existence of even single bucket
shop in the county. The grand jury
were then discharged for the term,
From the outlook 8 t the time of going TO
press, 1t seems reasonably certain that
the term will last the rest of this week
and probably two or three days at least
/ of next week.