Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-03-06
COUNTY COURT IN SESSION
March Term Opened in This City
Yesterday.
Some Casee Continued and Q Large
Number Set for Trial-Farr
vs.. Briggs Estate First
Taken Up.

The March term OF Chittenden County
Court opened yesterday morning at the
county court house. with Judge w. Il.
Stafford of st. Johnsbury presiding Prayer
was offered by Rev. G.. Glenn Atkins, after
which the usual proclamation was made
by Sheriff Reeves.
The entire morning was devoted to call
ing the docket. including the jury calen-
dar. a large number of cases we're contn-
ued. several were settled and discontinued
and few were passed. Nearly 40 attor
neys were present ut the opening session.
When the jury calendar was called there
were - cases set for trial, there were IL in
which there will probably be no trial, two
transferred to the court calendar. three
continued and one found to be entered by
mistake.
In the case of II. w. Allen & Co. VS.. Isa-
belle NJ. Barlow, there was motion for
continuance by the defendant on the
round that she was sick and unable to
attend court. Attorney NJ. L. Powell said
that the case had been continued several
times on the same ground and he thought
the matter should be settled. He did not
wish to cause Mrs. Barlow any inconven-
fence but there is a question whether she
will ever he able to attend court and he
thought her deposition should be taken and
the case closed. An affidavit from DR.. L.
NJ. Bingham showing the physical condi-
ton OF the defendant was presented to the
court by Attorney II. Il. Brown. A contin-
uance was finally granted under the condi-
tons that the case be tried at the next
term of court, when, IL Mrs. Barlow is
unable to be present, her deposition will be
taken.
In the case of Joshua r. Lyon VS..
Thomas Mitchell there was a motion for
continuance by the defendant on the
ground that DR.. L. NJ. Bingham. one OF
their principal witnesses, is In California
kcfore court adjourns. Objection was
made by the plaintiffs counsel, but the
case was finally continued, the defendant
waving objections to the taking OF a de-
position Of Orange Farweil, another wit
ness.
| in the case of Augusta L. Brown vs..
James Snyder, there was no appearance
on the part of the defendant and judgment
was rendered for the plaintiff by default.
\ motion for Judgment was made by the
plaintiff in the case of Charles F1eury vs..
Frank Cassavoy, but it was denied and the
case continued
There was motion to have the case of
Alice Cain, apt. VS. John w. Hayes estate
tricilen from the docket but it was with
IOrawn and the case stands for trial
In the case of Walter l.. Ring vs.. Moses
| T.. Shortsleeves, apt, there was motion
for dismissal by Attorney Leary for thu
defendant upon the grounds that the jus
| lice of the lower court had acted rs cuun-
SCI for the plaintiff up to the time OF
trial This was denied by Attorney Ma
combor for the plaintiff. No action in re
gard to the case was taken.
| The case of John s. wilkins. admr VS.
| W. w. Brock and l.. X. Rossele an ac-
ton brought for malpractice and tres
pass. whereby it is claimed Mrs. wilkins
met her death, was set for trial yesterday
| but question was raised by Attorney
| a Rowland q
taken in Waitsheld by the plaintiff from
/ an important witness. Mr.. Rowland
claimed that he and his associates in tn
case were unable to cross-examine the
witness when the deposition was taker
and they asked to be allowed that priv.
! ilege. The court gave the plaintiffs at
torrays an option of allowing the case tC
! be continued, the defendant paying al
costs of taking the deposition up TO dat
or of having the case set for hearing next
MONDAY, the deposition being taken in the
meantime the defendant paying the cost.
Of taking the last deposition. No decision
/ was reached last night as to which course
would be adopted.
In the case of George L. Foster VS.. j
l.. Dcrway, apt. the plea was withdraw
and 4 Judgment of the account by an au
dtor ordered.
In the case of Ayers G Brown VS.. Ed.
ward Brunell, judgment was rendered for
the plaintiff by default.
Judge NJ A. Bingham was appointed au
dtor in the case of George w. Kennedy
VS.. Edward G. Smith. An order was gver
that bail of $50 be furnished within 10 day.
and that specifications be filed before Sat
urday.
The following cases on the jury calendar
were set for trial: Willis V. Farr VS.
George c. l}riggs's Est; John s. Wilkins
admr, vs.. W. W. Brock and L. NJ. ROssele
I Alice Cain, apt VIZ. John w. Hayess est.
Peter Frank VS.. Frank y. Clifford MAJ
i. Powell VS.. II. Fl. Bishop. apt; r.. b
! Hall q Co, apis. VS.. W. II. 5. Whitcomb
! I7ridget Smulns VS. John Ryan; Nj II
Rosenberg and NJ. G. Rosenberg VS.. Ar
thur T.. Clement; Willie Robinson, by H. f.
apt. vs.. Nathan Block; Estate Margaret
Kennedy. apt. VS.. r. j. kelley's estate
| Peter Sheeran VS.. Burlington 81 Hines
burgh r. r Co.; p c. Dodge VS.. The In
land Advertising CO., apt; Charles Il
Thayer VS.. X. b. Walker, apt: w. ]. Gotta
! admr VS.. Shepard & Morse Lumber Co.
NetJa Marcus. apt. VS.. S, II. Miller: Mol
Vina Snecal VS.. Medor Lasor: IL. X. vii.
der vs.. Town of Swanton, apt. Arthur
! II. Clement VS.. NJ. II. and NJ q. Rosen.
| berg; The G. S. Blodgett Co. VS.. George
NJ. Dolany; The Henry Martin Brick Ma
chine Mfg. Co. VS.. the Drury Brick and
Tile Co. Mccormick Harvesting Machin,
| Co., apt. VS.. /. b. Whitcomb; h Spear &
| Son VS.. N. A. Johns. apt.
The cases settled and discontinued were
as follows; John j. Enright vs.. T. IIowes
& Co; r, L. Flagg VS.. Samuel f. Pope
discontinued because of the death of plain
tiff, A. J. Markham vs. Knott & Closson
w. G +. Flanders vs.. julius NJ. Greene
c. H. Stevens VS.. J. w. T'ruax: w, L.
White VS.. Arthur Stevens; Menecke & Co
vs. II. A. Woodbury..
or the cases on the divorce docket that
of Julia Saltus VS.. William II. Saltus is
the only one discontinued.
At the afternoon session the petit jury
was called. There is no grand jury for
tins term Of court. The jurors are as fol
lows:
Bolton-GeorGc Sabins.
Burlington James Truman, NJ. II. Bald
win, James L. Bradley, a. ID. Pease, +. d
Clifford.
Charotte-John Il. Spear, j. III. Thorp.
Colchester-H. w. Brown, c. ii. Ship
man, A. A. Graves.
Essex-W. $. Fletcher, T. It. Bates, II
r.. Han
Hinesburgh-M. ], Finney. J. w. Spauld