Middlebury register. (Middlebury, Vt.) 1886-1937, 1900-12-14
THE COUNTY COURT.
Second Week Taken UP by Minor Case
Divorces Predominating.

When our report closed last week the
case of Frank w. Delva VS.. James w.
Peck, to recoved 5000 damages for false
warranty in the sale of horse. was on
trial The testimony was all got in by
3 o'clock Thursday afternoon. There
was some expert testimony from veteri-
nary surgeons for each side, the great
question to be decided being whether or
not the horse in question was sound at
the time of the sale and delivery. On
this point there was considerable contra
dictory evidence and the verdict guessers
seemed to be all at sea. The arguments
to the Jury occupied the remainder of the
afternoon session, Mr.. LaFleur speaking
over an hour for the plaintiff and Judge
Bliss following with Il fifty minutes plea
for the defense. The closing argument
of Mr.. LaFleur was only fifteen minutes
long and at its conclusion recess was
taken at 5:l5 until o'clock the next
morning.
During lull in the proceedings in this
case a motion was made by Mr.. Ballard
for the plaintiff for continuance in the
case of j. w. Page VS.. Leona Dickinson,
which was the second case assigned for
trial by jury, on account of the inability
to be here of material witness. The
motion was not opposed by b. "A. Hunt
of Randolph, attorney for the defense, but
he thought the continuance should only
be granted on torms as to the plaintiff.
and the case was so continued, the terms
being that the defendant should pay the
costs of this term, pay the plaintiff So
and take no costs for the term in case of
ultimate prevailing in the suit.
Friday morning the jury were given
the charge in the Delva- Peck case, Judge
Munson's remarks occupying thirty min
utes. The charge was a clear and con
else exposition of the law of warrantie~ -
as applicable TO this case, and at i-s con
cluson the jury at 80 o'clock retired
to consider their verdict. They were out
all the rest of the forenoon, but came In
again shortly before 3 o'clock and an
nounced an agreement. The verdict was
that the defendant was guilty in manner
and form as charged and that the plain
tiff recover $50 damaged aud his costs.
The amount called for in the verdict was
paid the same day and the case is there
fore taken of from the court docket. Il :
there can be no appeal after the pay
ment.
As soon as the jury had gone out in
the above case the divorce case of George
Riley vs.. Mary Riley was ordered dis
missed without prejudice and the case of
State VS.. William Lamore. charged on
| information with a breach of the peace,
was assigned for trial al o'clock Mon
day afternoon. Then after waiting for
the arriy al of the morning trains iif
second jury trial was got under way
This was Clara \ Steadman vs.. CiintUd
| BOstwck, suit for damages for has
tardy. 1t took until II o'clock to get a
| jury and before that had been effected
the regular panel was exhausted and tC
fl j up the box two men were drawn from
the court room, they being +. II Clay
and George G.. Walker, both of Middle
bury. When this jury had been com
pleted the jurors not on duty were eX
cused until p. M. on Monday, as were
also those on the panel then out as soor
as they had rendered their verdict.
Henry Ballard, assisted by w. w
Rider of Bristol, appeared for Miss Stead
man, and Bostwick was represented by
former States Attorney Frank l.. Fist
of Vergennes and d. j. Foster of Bur
lingtOn. This array of counsel pOrtendeC
hot legal battle and the result was tha
the court room was pretty well filled III
during the rest of the week.
The plaintiffs testimony in chief was
completed about the middle of the after
noon Friday and the evidence for the
defendant was then begun. For the de
fense two young men and one young
woman denied emphatically and poin
blank the plaintiffs evidence. The cast
took up all Friday afternoon and was
again on all of Saturday forenoon, Bost
wick being the last witness in his owl
behalf. The defendants testimony wa
completed at IL :45 O'Clock Saturday fore
noon, and as the attorneys for the plain
tiff were not then prepared to put in the
Continued on fourth pdge.)