Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-10-29
Case of E. F. Brownell VS.. P. j.
Russell Has Been Set
for Trial.
SEVERAL CASES SETTLED
Probable RutIaud's Famous Labor Case
VIII Not he Argued This Tcrm-
Judge EIaseltOn Prevented from
Appearing in Court by
Illness.

Montpelier, Oct N.--The October term
of supreme court opened at ten O'CLOCK
this morning In the supreme court room
at the State House. Chief Judge Rowen
presiding, and Il full bench win the eX-
ception of Judge Haselton. Prayer was
offered by the Rev. Lucius f. Reed and
proclamation was made by Sheriff Evans
Among the attorneys present from out
side Washington county were: W. Is. I.
Stickney and NJ. NJ. Wilson OF Bethel;
w. w. Stickney of Ludlow; l.. Z. Slack,
Harry Blodgett and f. II. Thompson of
St. Johnsbury: e. A. Sowles. A. a. Hall.
9. y. Hogan. c. w. Writer'S and Willard
Harrington of St. Adams; r. w. Taft.
j. J. Enright and ]. L. Cushman OF Bur
lIngton: o. NJ. Barber of Bennington;
II. il. Powers of Morrisville; j. il. Mar
tin and L. l.. Waterman of Bratteboro,
J. y. Denison of Randolph; joan Young.
George L. Young, j. W. Redmond. +. f..
Alfred. L. A. Cook ana +. c. Williams
of Newport; A. G. Austin of HiSnSate.
j. L. Pickett of Bradford, VI. T. Graham
Of Craftsbury; w. II. Taylor and h. T..
Billiard of Hardwick. S. L. Pingrce of
Hartford; j. X. Batchclder Of Arlington:
j. *. Darling and II. *. Darling of
Chelsea; Emmett McFeeters OF Enos-
burgh Fails; D. 5. Conant of Bradford;
i. w, Baldwin of Barton.
The docket vas called and the number
of cases set for Learing would indicate
= term of at least four weeks in length.
The following Cnittendcn county cases
were set for hearing: John j. Mondhan
VS.. Edward T. Monahan, bill and lnJunc-
ton; John II. Parker VS.. Mckanuan
ihuthers & CO., assvmpst; bva of
Essex vs.. town of Jericho, dssumpslt;
Edward +. Brownell VS.. Patrick j. Rus
sell, quo warranto; State vs.. Walter b.
Dodge.
In the Chlttenden county divorce case
of Prentiss =. Dodge vs.. Nelia NJ Dodge.
the judgment of the lower court dis
missing the pei,ior was affirmed.
The Chttenden county cases continued
are Shepard 4 Morse Lumber company
VS.. Eli Il. Holbrook and others; HonDra
Wright VS.. John j. Finn; Ella l.. Berkeley
VS. George c. Berkeley; in re Rufus l..
Brown.
The following were entered settled and
discontinued: Emma S. Richards VS.. Jo-
seph White, bastardy, from Addison
county. George w. Clark. administrator,
vs. Boston & Maine railroad. from Or
leans county; John NJ. Allen VS.. town of
Lyndon. book account. from Caledonia
county: 7. +. Doyle VS.. George Cald-
beck. general assumpsit. from Caledonia
county: State VS.. L. w. Eastman, keep
ms house of i'll fame from Caledonia
county.
In the Rutland county case of Daniel
F. Peabody VS.. Harry NJ. Bates and
Henry O. Edison. trover, the judgment of
the county court was affirmed. The same
disposition was made of the Windham
county case of Oscar y. Guildfoil vs..
OBrien & Shcehan, p, w. Clement and
Butler and Moloney, trustees.
Decisions were read in two cases. The
first was by Chief Judge Rowell in the
Caledonia county case of James n. Bell
and others VS.. the Vermont division of
the Portland and Ogdensburg railroad.
which has been on the docket since 1880.
IeCree reversed and cause remanded. In
tic trcspass case of George H. Davis VS.
William j. Moyles. from Windham coun-
ty, judgment of the lower court was re-
vcrscd and cause remanded. Opinion by
judge Watson.
BY agreement of counsel the Essex
county case of Grand Trunk Railway Co
vs.. Marshall II. Davis, petition for a new
trial, was the first argued this forenoon.
This was a petition for a new trial on
the ground that the case was discussed
before some of the jury outside the court
room. In ESSEX county court last March
Davis was awarded a verdict of 900 dam
ages for injuries received In an accident
j. W. Chamberlain appeared for plaintiff I;
Redmond e Cook for the defendant.
1t is doubtful if the Rutland county case
of the F. Il. Patch Manufa curing com
pauy VS.. Protection Lodge. No. 216 Inter-
national Association OF MGchinistS of
Rutland, will be tried this term as the
exceptions have not yet been filed
f. ". Eastman of st. JohnSbury, who
was sentenced last June to not less than
two years and six months nor more than
four years in the House of Correction at
Rutland for conviction of keeping a
house of i'll fame at the Avenue House,
st. Johnsbury, was brought in this af-
ternoon by Sheriff Sulloway of st. Johns
bury Eastman was not represented by
counsel but he waived any exceptions in
his case and was ordered to be COM
mttcd to serve his sentence. The costs OF
prosecution charged against Eastman are
S3i7.
The arguments are now in progress in
the Bennington county case, in re, will
of Nahum r Wheelock, Ella Burgess
apt. prepayment. Loie Smith and Mabel
Iifman contestants. Barber and Darling
Archibald and Waterman ana Martin APP
pear for the proponents, Batchelder and
Rates and w. h. Sheldon for the con-
teStants