Middlebury register. (Middlebury, Vt.) 1886-1937, 1903-06-12
COUNTY COURT.
Important Cases Decided at the June 4
Term.

i
time of the court for the remainder of
the week. On account of the fact that
all the questions propounded to the COM
planning witness had to be first written
by counsel and then answered by her in
writing, her testimony took up great
deal of time, and it was 10 o'clock Friday
morning when her evidence was COM
pleted and the defense was begun.
Aside from the defendants positive
denial of the paternity of the child the
defense consisted of an effort to show
by the attending physician, DR.. E. O.
Porter, that the child was nearly fully
developed nine months child at BIRTH
and that the plaintiffs testimony in
regard to dates was therefore untrue
and that the defendant could not have
fathered the child at the date given
by implication that another man was
the father of the child.
Both were married men. White with
wel-grown grandchildren. and there
were consequently criminal aspects of
the case which in the future might
make matters decidedly serious and
unpleasant for some one.
1t was 4:20 o'clock Friday afternoon
when the rebuttal evidence was closed,
and that had taken up only 10 minutes
Judge Bliss Immediately moved that
the case he taken from the jury and
verdict for the defendant ordered on the
ground that the testimony of the COM
planning witness as to the main phase of
the case had not been cOrroborated
Judge Watson, with few explanatory
remarks. overruled the motion and the
argument was begun.
The defense had made an attempt to
have the child exhibited in court to give
the Jury a chance to see whom it most
resembled, but this was not permitted
although the child, boy. had been
about the court house for the past two
or three days.
Ira II. Latleur made the opening plea
for the plaintiff, each side being limited
to one hour, and closed at 5:l5 o'clock
Friday evening, when Il recess was taken
until Saturday morning when Judge
Bliss and w. II. Davis argued the case
for the defense, using up between them
only 80 minutes of their allotted hour.
Mr.. LaFleur then closed the argument
in an address of 20 minutes and Judge
Watson gave the case to the jury in IA
charge of less than five minutes. The
jury were out less than - minutes and
at about 1920 o'clock came in with
verdict, prOnouncing Defendant White
guilty OF the charge set up in the writ,
and thus stamping him the father of the
child. The amount of damages in such
cases Is fixed by the court. The
present intention of Whites counsel
Is to carry the case up to the Supreme
Court
1t was announced by LAWYER LaFleur
Friday morning that the case of Della
Stone ". Archie Lamorder, another
bastardy case. was settled and would be
discontinued. The case of Stoddard 5.
Martin vs.. Michael Mack. appellant.
which had been referred to Frank L.
Fish. was restored to the jury calendar
and given the right of way. as Mr. Fish
had so many engagements that he could
not attend to it, and the reference was
therefore stricken off.
Shortly before II o'clock Saturday
forenoon the court took a recess until
, o'clock Monday afternoon. with three
cases remaining for trial on the Jury
calendar, and that of Sturtevant vs..
Mccullough to come on first if the
Martin vs. Mack case should not be
ready upon tine opening of court.
Court reassemhled at , o'clock Monday
afternoon after the Sunday recess and a
couple of hours were spent in going over
the open cases on the dOckets once more
and the hearing Of one petitioner for
divorce. 1t was announced that the
case Of Stoddard S. Martin vs.. Michael
Mack, appellant. which stood first for
the jury. had been settled and it was
entered discontinued. The two remain-
ing cases on the jury list, namely, L. c.
Sturtevant vs.. j. g. Mccullough and
Henry L. Wood VS.. Hiram Stratton.
appellant. were found TO be not ready
for trial and they We're passed over, with
a prospect in each of no trial during the
term.
The case of Joseph Battell vs.. Wilbur
+. Hanks was taken from the jury cal
endar and set for the court.
The criminal docket was next taken
up and the cases thereon disposed of as
follows: State VS.. Herbert Poland, on
information for adultery growing out of
the Smith Davis, Dora Cushman man
slaughter case, continued State VS..
Marshall S. Broughton for bigamy, in
which case the bonds were called, for
feited and paid at previous term, con-
tinued; State vs.. Harriet Hepburn,
State VS.. Lizzie Goodale and State VS..
Henry Scoot all of whom are in the
care of the probation officer, continued: (:
State vs.. Minnie Fleming. also in the
care of the probation officers. continued
and not to be brought forward; State VS..
VIM. w. Booth ct al, on scire facias,
with the court; State VS.. Bert Rickert,
information for perjury; respondent be-
yond jurisdiction, bail called and for
feited at "a previous term. continued: !:
State VS.. Arthur Steele, grand larceny,
bail previously called and forfeited, re-
spondent supposed to be somewhere in
Massachusetts,, held open; the two cases
of State vs.. James b. Donoway, held
open, Judge Bliss stating that they
ought to be mol pressed, but left open
until the arrival of Joel g. Baker of
Rutland, who was appointed TO prose
cute; State vs.. Emma Waterman,
adultery, left open on request of Mr.
Fish who wanted time to procure