Middlebury register. (Middlebury, Vt.) 1886-1937, 1901-12-06
ADDISoN COUNTY COURT.



Twitchell V. M. s. Carr was taken up
and judgment given for the plaintiff by
default. 1t had been expected that the
case OF VIM. Arthur Marcelle by his next
friend V. Rutland Railroad Co. would be
the first one on trial, but after negotia-
tions between the counsel the case was
settled and taken out of court, the plain
tiff being given $500 and all his costs, in
Guiding counsel fees. The basis of this
case was the injury Of young Marcelle 10
the freight yard 10 Middlebury last Jan
uary. He was new brakeman and
owing to not having been properly In.
structed IN the workings of the new au-
tomato brakes got the first finger OF his
right hand and half of the second finger
cut off, while the thumb was badly
crushed. Judge w. II. Bliss of Middle
bury and Butler & Moloney of Rutland
were Narcotics counsel, and F. Fl. But
ton of Rutland appeared in behalf of the
railroad company.
AS no case was ready to be brought on
the court at :45 o'clock took a recess
until o'clock Wednesday morning.
The absence from court on the first
day Of two Middlebury attorneys who
have died since the June term was gen.
orally noted, they being Hon. L. d. Ell.
dredge and James E. Stapeton.
The first trial of the term was got I'M
der way Wednesday forenoon at 10
o'clock. 1t was the bastardy case of
Anna May Kimberley v. Chauncey
Alderman, the town of Orwell bringing
the case through Overseer of the Poor
H. ID. Branch. The plaintiff, Miss Kim
berley, told her story on the stand.
Judge Branch of Orwell also testified for
the plaintiff. The defense consisted in a
fiat denial of the main charge and an
effort to show that some one else was re-
spOnsible. Mrs. Bazie, Ackerman's sis
ter, Charles Fenton of Glens Falls, and
the defendant himself were put on the
stand for the defense. One Lyman
Chandler was called but did not respond,
and in resting its case the defense re-
served the right to call Chandler next
day if he made his appearance. The
plaintiff was called again in rebuttal,
but before she had gone far with her
story the court at 3 o'clock took a recess
to 8 o'clock Thursday morning. Miss
Kimberley did go far enough, however
to deny point blank the truth of about
all the important points brought out for
the defense. The case had taken up the
entire day uninterruptedly, with the
prospect that it would occupy at leas,
half day more. The counsel were F. l.
Fish of Vergennes for the plaintiff and
Judge Bliss of Middlebury, assisted by
Frank II. Thomas of Mlddlebury, fol
Alderman, and there was some pretty
strenuous work on each side in the course
of the day. The character of the testi
mony was for the most part such as tt
make it unprintable in family paper
like the REGISTER.
Work was resumed Thursday morning
promptly at 8 o'clock, with Miss Kim
berley again on the stand in rebuttal
She again denied the truth of Fenton's
testimony and was excused within
couple of minutes. Then Mrs. Bazie wa
recalled. In response to two or tire,
questions she contradictPd the previou;
witness emphatically on essential points
The defense again wanted Lyman Chand
Ter and stated that he was expected or
the s :56 train from the south, which wa
reported to be half an hour late. Judg
Watson, however, said that the witnes
wanted was already "a hours late, ant
as there was no good reason to suppos,
that he would be here on that train n
did not think he would be justified il
holding the case open on the strength o
hat L.
on the train; and the defense then restt
their case. The arguments were at one
begun and were all very. brief. Mr.. Fisl
opened for the young woman plaintiff
and was followed for the defense b,
Frank w. Thomas. Judge Bliss thel
made the closing plea for young Acker
man and Mr.. Fish again spoke brief
and closed the case. Judge Watson
charge was clear and short, taking VI
only 10 minutes, and the jury retire,
to consider their verdict at 10 :55 O'Clock
They did not come back into cour
before the noon recess and had no
brought in any verdict as we close GU
report.
After a recess of 20 minutes anothe
case was at once taken up and jury wa
speedily empannelled. The case was tina
of Edison Tart's administrators v. Bristo
Electric Light Co., George l.. IIasseltin
of Bristol and Mr.. Fish representing tn
plaintiff and Judge Bliss and w. b. Dun
ton, of Rice & Dunton of Rutland, az
pearng for the defendant company
This case is brought by the widow @
I Edison Tart to recover damages frOt
the Electric Light company for the deaf
4 of her husband, who was killed while /
their employ, negligence being alleged o
the part of the company.
The grand jury have been hard at wor
since they took up their labors Tuesda
) afternoon and have plenty of work bt
fore them to occupy their time for tn
remainder Of the week at least The
I have not yet brought In any indictment
The case of Nelson Jones of Shorehau
/ who is under $1,000 bonds on a charge {
An attemDt to procure an abortion