The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1901-07-31
MOTION FOR NEW TRIAL

Arguments for and against the motion for
o new trial in the case OF / III. p. Rowell
against the estate of W. @. Lewis we're be-
gun in Washington County court on Tuesday
afternoon and completed Wednesday.
This case was tried at the March term and
resulted In a verdict for the plaintiff to re-
cover on two notes, with interest, about
$1,000.
rhe motion for a new trial, made by II.
A. Huse and G.. W. Wing, counsel for the
defend ant estate, is based on the claim OF
new discovered evidence regarding one of
the notes that figured in the trial. The az
fidavit Of II. K. Dawley, one Of the city
listers, was submitted In this affidavit 1t
was stated that the plaintiff Rowell told
Dawley he supposed the note was out
lawed. H. A. Huse made an argument IL
support OF the motion Tuesday afternoon.
when court convened Wednesday, T.
X. Gordon, senior counsel for the plaintiff,
mlde an argument against granting the
motion.
Mr.. Gordon was followed by J. w. Cor
don in opp lsitlon to the motion for new
trial and by George w. Wing in its support
The court then retired to consider the cAse.
j. g. Wing, counsel for petitioner, called
up the petition of Mrs. Lucius Good win,
for custody Of her minor child, daughter
three years old. Before she married Mr..
Goodwin the petitioner was divorced from
w. r. Dana OF Waitsfeld who now has the
care and Gus ody of the child
The case of j. S. Viles against the Barre
| and Montpelier Traction aud Power Com
pany, to recover for power furnished in
July and August 1899, was set for hearing
| Wedne, d W. r. A. Hoar COUNSEL for the
| defendant, company, asked for contiu-
uance until Wednesday, August Z, because
OF the fact that W. B. c. Stickney OF Beth
el, his associate counsel, could not b3
present today.
j, 2, Lamson, counsel for Mr.. Vies, in
sisted that the case be heard at this time.
| He said this was the sixth time the case
! had been set for trial, aud they had been
put off several times for this same reason,
Mr.. Stickney's inability to be present. The
court again retired to consider this matter.
A TEN porary order was issued, giviug
Mrs. Lucius S. Goodwin custody of her
minor child this to be without prejudice TO
| future proceedings.
The case of j S. Viles ag ainst the cleo
trio railroad company was continued to the
September term
The petition for divorce in the contested
case OF James Ingram against Jessie l. In
gram for willful desertion was dismissed.
The court found that there was no deser-
ton in the beginning and never had been.
Exceptions by j. W. Gordon counsel fol-
| petitioner.
The motion for new trial in the case Of
l. I'll. p, Rowell against the estate of w. @.
| Lewis was overruled, both on the ground
| Of newly discovered evidence and that the
possibly have been found by the jury under
the charge Of the court. Judgment on
verdict, exceptions by G. w. Wing, coun-
sci for defendant.
The court Wednesday announced III
finding of fact in the evidences introduced
| on Tuesday on the petition for new tria
ia the forgery case of State against Dono
van. The court found, in substance
that the States attorney played cards
with the jurors three or more times
but always In the presence OF one
or more officers of the court. The cour
also failed to find that the States at
torney did anything to influence any juror
in the discharge OF his d1ty. Arguments
were made upon these findings late Wed
nesday afternoon.
After 1t had been decided Wednesday az
ternoon that the motion for new trial To-
j. p. Donovan, on grounds repeatedly
stated, should be disposed OF in the lowe
court, instead OF taking 1t direct to Supreme
Court, as Judge Watson suggested the,
might, arguments were commenced on thu
findings of the court In this case, as pub
lished on Wednesday The opening argu
ment was made by j. W. Gordon. Mr.
Hoar commenced his argument Wednesda,
evening and completed itThursday morning
Mr.. Hoar was followed by r. l., Laird
who is associated with Mr.. Hosr in thi
matter. The closing argument was mad
by T. K. Gordon.
Judge Watson announced that deci
sion on the motion for new trial will b
rendered Monday afternoon, at tw
O'Clock, and court was ad burned to tina
tims.