Middlebury register. (Middlebury, Vt.) 1886-1937, 1901-06-07
/THE COUNTY COURT.



Week for Adjustment.
The June term of the Addison county
court was begun at the court house at
2 p. m. Tuesday, instead of in the fore
noon, as Is customary. Chief Justice
Taft is presiding in place of Judge Start,
who was assigned, but is prevented by
illness from attending. The assistant
Judges are Hon. II. d. Branch of Orwell
and Hon. B. NJ. Collins of Ferrisburg.
The opening prayer by Rev. Thomas
Simms was gem of its kind. Proclama-
tions of the opening of court and for the
attendance of the petit jury were then
pronounced by Sheriff Chapman and
work was begun.
First was the call of the court Jury
list upon which there were found but
four for trial, the rest being disposed
of by continuance or otherwise. The
whole docket was then called and forty
four cases marked for trial or hearing.
No work being ready for the court, a
recess was taken at 3 80 until a. M,
Wednesday morning.
On the convening of the court
Wednesday morning, John K. Vinton
and Francis V. Lamb of Granville were
arraigned for illegal fishing. Deputy
Fish and Game Commissioner Ramsey
had watched these gentlemen, and not
content when he had discovered them in
possession of fifteen understood trout, he
permitted them to 60 on until, as alleged
in the information, they had bagged one
hundred and fifty-seven. The two re-
spondents entered pleas of guilty to the
charge generally and were fined twenty
five dollars each. without costs, which
was promptly paid. The court laconic-
ally inquired what step had been taken
with the commissioner, and being in
formed that there had been none, he
later, in passing the sentence, remarked
that the penalty imposed on the two men
in court and the rest of the possible
punishment would be reserved for the
commissioner himself. when caught.
The case of Slas G. Randall of Provi-
dence, Il. l., against Emma B. Vail of
Weybridge was then begun and a Jury
was quickly empanelled. 1t was an
action of assumpsit to recover a sum of
money plaintiff claimed to have loaned
defendant several years ago to enable
her TO redeem a decree of foreclosure on
her parents property, which has since
come into her ownership. Her defence
was that the advance was not loan,
but the largest of several gifts which
Mr.. Randall, an afiectionate uncle, had
given her, favorlte niece. He had
lived with her in Worcester; Mass. be-
fore he went to Providence and she re-
turned to Vermont, and excepting $3.50
she had let him have at one time,
nothing was ever paid on the alleged
debt of over $1,000 until the statute of
limitations was about TO run, when he
brought suit Just before the last De-
cember team of court. There was no
note, mortgage or other written evidence
not even memorandum-in the case,
and it hinged altogether on verbal
statements of the two parties and the
evidence of l.. NJ. Bingham. The Jury
took the case at II :l5 a. M, and at , 40
p. m. rendered verdict in favor of the
plaintiff, the recovery being for Sl3Sl Is
with costs. Ira II. LaFleur represented
the plaintiff and the defense was con-
Quoted by Donoway e Davis, the last
named member of the firm facing a Jury
for the first time In county court and
handling himself quite handsomely.
After the noon recess came the case of
Joseph Dumas against Lewis Balm, an
action for damages for an assault alleg-
ed to have been made upon Dumas by
Balm on the l4th day of July last in Lin
coin, where both reside. The men had
trouble about a right of way which
Balm claimed over the land of Dumas,
and the latter nailed up set of bars
through which 1t would be necessary to
pass in order to cross the others land
and reach his own. Their wordy argu-
ments and exchange of epthets did not
settle the matter or reconcile them, so
they had personal encounter OF ply
steal violence. Dumas claims that he
was set upon by Balm and so severely
injured that he has never recovered nor
been able to work since, and now sues
for $4,000 damages. The plaintiff, his
little grandson 10 years of age, DR..
F. C. Phelps of Vergennes, the justice
before whom Balm appeared the Monday
after the fracas and paid fine of 81 and
costs on account of the affair on a plea
of guilty after self-entered complaint,
plaintiffs daughter who nursed and
bathed him for long period after the
scrap and several others testified for the
prosecution. Plaintiffs case rested at
lOo'clock yesterday Thursday morning.
and the defence was promptly begun.//
DEAFNESS CANNOT BE CURED
by local apphcationsSss they cannot reach
the diseased portion of the ear. There Is only
one way 10 cure deafness, and that is by con
| stitutional remedies. Deafness is caused by
i an intamed condition of the mucOus lining