Middlebury register. (Middlebury, Vt.) 1886-1937, 1903-06-05
JUNE TERM.
CONTINUED from Page ~


Hannah Mcbride VS.. Francis Mcbride
was discontinued on account of the death
of the petitioner, as was also the suit for
a separate maintenance of Lucy j. Hunt
VS.. John Hunt The usual large num-
Der of cases on the general docket were
entered continued while in the following
cases the entries were settled and discon-
tinued j. II. Norton VS.. E. S. Marsh;
appellants f. II. Bailey VS.. f. ID. Thomp-
son, appellant and trustee; Sandwich
Manufacturing Co. VS.. X. w. Field ct al,
and trustees; Lizzie b. McRory VS. Daniel
Regan, and Fox, Fultz & Co. VS.. Arthur
Trudell and trustee.
Two cases were transferred from county
court to the probate court, and these
were Aurilla S. Smiths administrator,
appellant, VS.. Chandler S. Johnson's es-
tate. and in re Charlotte NJ. Haven,
Nichols estate VS.. Charles S. Haven ct al,
appellants ; and the entry in each was:
| Discontinued as per stipulatlOnS on file
and to be certified to the probate court
Upon the completion of the calling of
the docket at 1890 o'clock a recess was
taken to 2 p. m, the court having been
in session exactly one hour.
The afternoon session was another
brief one. lasting only from O'Clock to
1915. The panel of petit jurors was
called and the jurymen were sworn.
Judge Watson gave the jurors the usual
general instructions in regard to the
meaning of the oath they had taken and
admonished them on the matter of tardi-
ness and delaying the proceedings of the
Court. He told them that the sessions
of the Court would be from until -
o'clock in the forenoon and that they
would be expected to be on hand prompt
| " at the time for opening Court
The case of E. O. Porter VS.. the town
of Cornwall was taken up briefly on a
motion by Judge William II. Bliss of
Middlebury for the defendant town that
the case be referred. and after some
talk on the matter by Judge Bliss and
by Frank w. Thomas of Middlebury for
the plaintiff it was agreed among counsel
to refer the case to joel G. Baker. This
was ordered and the case continued. In
this case the plaintiff, who is a widely
known physician, sues to recover for his
services in vacCinating a large number
of poor persons in Cornwall some 8 or 10
by the direction of the seectmen of that
town.
The first jury trial of the term was he
gun at 2:30 o'clock, but did not proceed
far before the adjournment. The case
was that of Caleb NJ. lockwood vs..
Orlo :. Dodds and it was an action to
recover damages for false imprisonment.
Messrs. V. \. Billiard and Il. E. Brown
of Burlington representing the plaintiff
and h. c. Mower of Burlington and T.. c.
Russell of Middlebury appearing for the
defense. A jury was quickly empaneIl-
ed. twelve of the first thirteen men
drawn being accepted. Lawyer Bullard
then made to the jury a brief statement
of the plaintiffs claims. He explained
that lockwood, who now resides in
Monkton. and Dodds were formerly resi-
dents of Burlington and that in Decem-
Der, 1898, lockwood was confined in
1.-The Chittenden county Jail on a certified
execution in favor of Dodds, the amount
being about $l12. lockwood remained
in confinement until the following Feb
ruary, when the amount of the eXecu-
ton was paid. But the plaintiff was
not released from the Jail at that time
nor for several weeks thereafter, and
for the time so unlawfully detained in
Jail the plaintiff asked for damages for
false imprisonment Attorney Mower
next stated the grounds of the defense
He asserted that in 1897 Dodds brought
an eiectment suit against lockwood in
the city court of Burlington and pre-
vailed in the suit. as he did also later in
the Chittenden county court, to which
lockwood carried the case on appeal.
The amount of damages and costs now
brought in against lockwood figured up
to about $50 and as there did not appear
to be any prospect of payment by Rock
wood the certified execution was taken
out and the present plaintiff, then the
defendant, was imprisoned
; Work was resumed promptly Wedncs-
day morning. and a motion for contin-
uance on the part of the defense was
! make by George T.. Lawrence of Rut-
land in the case of Francis Downs and
wife VS. Lizzie r.. Turner ct al and trus-
, tee which had been set for the jury, on
the ground of his own i'll health. Re
quest granted and ad damum raised to
$1,000
The case of lockwood vs. Dodds begun
Tuesday afternoon, was resumed and Its
consideration took up practically all of
2 the day. The testimoney was closed
| by o'clock and the arguments to the
jury We're Immediately begun, each side
being limited to half an hour. Mr..
+ Brown made the first plea for Plaintiff
a lockwood and was followed by Mr..
, Russell for Defendant Dodds. This was
. Mr. Russell's maiden plea in the county
court, and considering the time at his
disposal and the nature of his cause he
acquitted himself very creditably. Mr.
; Mower followed on the same side and
= was in turn followed by Mr.. Bullard,
> who made the closing arguments for the
plaintiff, concluding at 5:05 O'Clock.
Judge Watson then gave the case to the
y Jury in brief but lucid charge, and at
5;i5 o'clock "A recess was taken to the
usual hour on Thursday morning,
Thursday morning the jury in the
= ROckwood-Dodd case came in with a
sealed verdict in favor of the plaintiff
They found defendant Dodds guilty as
= charged in the writ and awarded Plain
tiff lockwood $50 damages and his costs
e Numerous exceptions were taken 10y
the defense during the trial, but it is
j hardly likely that the case will be
a carried up to the Supreme court
+ The second jury trial of the term was
at once got under way, the case being
4 one of bastardy and entitled Emma
!. Richards vs. Joseph White. Both parties