Middlebury register. (Middlebury, Vt.) 1886-1937, 1902-12-05

with which to contest the ease, and that
she had thus secured 500, this being the
express purpose for which the order
was made.
When these matters had been got out
of the way the first jury trial of the
term was begun, shortly after 10 o'clock,
and jury was quickly secured. The
case is Il f. Brown VS. Woodward and
French. Brown lives in Orwell, Nj. ii.
Woodwar in Ludlow and Robert E.
French in Whiting. The plaintiff claims
that the defendants were partners in
buying and selling live stock, and that
in October two years ago he SOLD TO
French lot of sheep for the sum of
SlS7 80, $40 of which was paid down
and the remaining $l77 80 of which has
never been paid, and for the recovery Of
the latter amount, with interest and
costs, this suit was brought.
No question is made by the defense
of the claim that the plaintiff had never
had his pay, and French, who appears to
be nominal defendant only, admitted
the purchase of the sheep and that they
had never been paid for. French is
understood to be a poor man, whereas,
on the other hand, Woodward is I'M
derstOud to be a man of means and
able to pay the full amount of the
claim. The defense denied the partner
ship totally. and Woodward testified that
he had had French purchase live stock
for him and had always paid him, and
that he had lost from $1,000 TO $1,000 in his
total transactions with French. He
also asserted that while he may have had
the Brown sheep he had got them from
French and had paid him for them, and
that at that time he had never seen
Brown nor had any dealings with him.
There were some curious complications
and much tangled evidence in the case, land
it appeared that two checks for S62O each,
which had been deposited by Woodward
to the credit of French in the National
bank of Brandon, and which were drawn
on the Ludlow bank, went to protest, as
did several checks drawn against them
on the Brandon bank by French. How.
ever, it turned out that later Woodward
paid up the amount of his two protested
checks, although Brown did not succeed
in getting his $l77 80 out of the proceeds
of them or from any other source.
The plaintiff rested his case ut O'Clock
and Mr.. Bliss, who, with Mr.. EN-
cry, of Ludlow, appeared for the de-
Tense, or rather for defendant Wood
ward, moved that the case against
Woodward be dismissed on the ground
that no partnership had been shown
to exist between Woodward and French
by the plaintiffs own evidence. Mr.
MolOney, who represented the plaintiii
opposed this motion, and claimed thai
the existence of complete general part
nership had been proven Judge Has
selton denied the motion, and after {
brief recess the defendant Woodward
. took the stand in his own behalf. His
testimony occupied the remainder Of
the afternoon session, and at . 10 O'Clock
recess was taken to the usual hou
Thursday morning.
l When the court came in yesterday
r morning an hour was taken up with tn
Introduction of rebuttal evidence In tn
r sheep. deal case, and at 10 o'clock Mr.
= Moloney began the opening argument I,
the Jury for plaintiff Brown. Mr.. Molo
a ney talked for half an hour and made
+. strong plea for his side of the case
a After brief intermission, he was FOL
b. lowed by S. +. Emery for defendan
S Woodward, who used ano. her half hour
Y Judge Bliss closed the case for the de
, Tense by an able argument of 20 minute:
e duration, and Mr.. Moloney used up tn
o remainder of the forenoon session wit
r the concluding plea for the plaintiff, bu
+ did not finish until after dinner. Judg
z Haselton gave the charge to the Jury a
g the afternoon session and the case Is nov
b in their hands for consideration.
# The next and only remaining civil cas-
t for trial on the jury calendar is that O
S the Trustee of Frank Babino's estate '
r John Douglass, which Is assigned to b
!, begun this friday morning. Mr.. Fis
e of Vergennes and Mr.. Ferguson of Bur
n lington are the attorneys for the plain
S tiff and defendant respectively.