News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1903-06-24
LamoiIle County Court.

The HOrner Will case was given to
the jury Wednesday afternoon last
and after celebrating or the same
an agreement was reached at about
ten p. m. The jury appeared in
court Thursday at 10 a. m. and rem
dered verdict THAT the instrument
in question was not the last will and
testament of Maria Horner, and find
for the contestants their costs" An
appeal was taken and the case will
go to the Supreme court. The case
was long one, occupying the atten-
ton of the court several days. 1t
was closely contested and attracted
many spectators.
Thursday morning the case of Eli
Cutler VS.. w. H. Buchanan OF Barre
was taken up and the following jury
empannelled: Geo. H. Newton, Geo
Dillingham;, E. c. Wells, Geo. M.
Towne, o. G. Houghton, ]. M. Nc
Allister, c. H. Story, A. M. Russ,
Oscar Sherwin, c. E. Whitcomb,
Henry H. Nye, Chas. Holbrook.
This case was an action brought by
Cutler to recover pay for services
rendered in taking care of man
named Drew, who was found injured
one night in December, 1896 near
the home of Cutler. Aid was sum-
moned and Buchanan, who was the
city constable, had the injured man
taken to Cutters home and, as Cut
Ter stated, Drew said that he would
see that he was paid for his trouble.
Drew was kept at Cutters several
weeks and bill of $87.5 so presented
to Buchanan, who refused to pay,
denying that he had made any such
agreement. Drew was an Odd Eel
low and an effort was made to have
the lodge to ~which-he belonged pay
it, but the matter was not settled by
that body, it having been represented
to them that the firm of Page & Drew
who had been in trade had an ac-
count of $50 or $50 against Cutler
and had given him credit for services
rendered him. Cutler denied this,
saying that he had paid the firm
cash on account at different periods.
Powers & Cheney appeared for Cut
ler Scott and Gordon of Barre and
R. W. Hulburd of Hyde Park for Bu-
chanan. The jury was given thee case
Friday afternoon and agreed on a
verdict that evening. Saturday
morning they appeared in court and
gave Cutler his full claim, $S7 so and
his costs. After this verdict was an
nounced court took a recess until
Monday afternoon at 2 o'clock.
Upon the re-assembling of court
Monday afternoon the case of M. H.
Gibbs VS.. George Gale was taken up.
This is suit for civil damages andis
brought by Gibbs to recover $4,000
for damages inflicted by Gale upon
Roland Gibbs, aged 10 years. twill
be remembered that this is in connec-
ton with the shooting by Gale at a
party of boys in bathing at Stowe a
couple ofyears ago. One of the boys,
Fisk, was killed and young Gibbs
was struck by some shot, which his
father claims has seriously injured
him. John H. Senter of Montpelier
and Powers & Cheney appeared for
Gibbs and r. w. Hulburd for Gale.
The jury was composed of B. w.
Guyer, F. A. Griswold, Chas. Hol-
brook, w. H. Hodges, D. N. Hutchins,
P. A. Holenbeck, A. M. Russ, c. P.
Robbins, F. p Twiss,, &c. Wells, o.
6. Houghton, Oscar Sherw win
Several witnesses were examined,
including Drs. Barrows, Grout, New
ton and Morgan. The case occupied
the attention of thecourt until about
five O'Clock Tuesday afternoon, when
it was given to the jury, who in
short time brought in a verdict of
$34S for plaintiff.
The next case for trial, Ellen East
man VS.. Clarence Foss, North Hyde
Park parties, is bastardy case. 1t
was called Wednesday morning and
the following jury drawn: Jonas
Harrington, E. c. Wells, F. P. Twiss,
Oscar Sherwin, E. G. Wilson, Chas.
Holbrook, D. N. Hutchins, Chandler
Watts, L. S. Collins, D. c. Spaulding,
A. M, Russ, Jas. McAllister. States