Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1903-03-09
COUNTY COURT.

The Orleans county court opened
at 10 a. m. Wednesday March 4th.
The Hon. John II. Watson, Judge pre-
siding; the Hon. III. @. Cleveland, the
Hon. William F. Clark, assistant
judges; Henry B. Cushman, clerk;
Frank E. Miles, deputy clerk. High
Sheriff Miles being ill, Deputy Sheriff
Wallace Wakefield acted instead.
Albert W. Farman, states attorney
and Margaret E. Chestnut, reporter,
were in attendance. Prayer was
offered by Rev. w. @. Newell of the
Methodist church.
The following nine cases stand for
trial by jury: George w. Clark.
Admr. vs.. Boston & Maine Railroad
Co; George A. Rash, Admr. VS.. Bos-
ton & Maine Railroad Co.; III. g..
Ruiter, collector of taxes for village
of Charleston, vs.. village of Barton
and trustees; D. M. Bean vs.. A. w.
Woodwork ct. al, apt; @. A. Bar
rows VS.. n. II. Drew, apt; W. Buell.
VS.. E. Richardson; Peter Martin vs.
Ephraim Norway; May Bronson VS..
Town of Coventry; David l.. Wiley
VS.. Boston & Maine Railroad 90.
The Albany land case of Clark vs..
Gallagher has been continued. The
case of Laflam VS.. the Missisquoi Pulp
Co. has been settled. There are also
thirteen divorce cases set for hearing.
The term will undoubtedly be long
one.
AS the iuries were not called until
Thursday morning the court disposed
oftwo divorce cases Wednesday after
noon. In the case of Grace l. K night
". Chas. A. knight a divorce was
granted for wilful desertion and
petitioner granted leave to resume
her maiden name; Young & Young
for petitioner.
In the case of Cora A. Prime ".
Merrill F. Prime, a divorce was
granted for intolerable severity.
Alimony of $3.50 and large portion
of the personal property given Mrs.
was granted the petitioner according
to agreement of parties, children to
remain in custody of father; Young &
Young and w. M. Wright for the
petitioner; F. W. Baldwin and W. w.
Miles for the petitionee.
The case of Geo. w. Clark, Admr.
taken up Thursday morning. This is
/
the Boston & Maine Railroad by G.
| w. Clark, Admir-, to recover damages
for the death of his son Alvah Clark.
The declaration in this case alleges
that the plaintiffs son was, on the
10th day of July, 1902, about eight
o'clock in the evening, struck by the
defendants engine on the crossing in
the village of Barton Landing and
| -. I~;I1a1 The 1oir olosxoe
to recover on the grounds of negli-
gence on the part of the defendant
company in not erecting gates or
ing safe for public travel. Thursday
| was taken up in drawing jury, dis
| cussing points of law and Offering
| preliminary evidence in regard to
the crossing in question and it's sur
roundings. The jury in this case is a
struck jury.
| friday The plaintiff has ne arly
finished his case, having examined in
all eleven witnesses at the present
time. The testimony has been almost
wholly regarding the surroundings o.
the place of the accident, THE place
where the train finally came to stop
and as to whether or not danger
signal was sounded, and the position
of the train when such signal wal
given. The father of the deceased
was called and testified as to tn,
boys services at home, laying foun
dation thereby for damages. Thu
defendant upon ross-examinatior
offered to show that the boy had no
been as much of help as woult
seem from the direct examination, OF
account of having had one or tw'
collisions with other teams, and tn
father obliged in consequence to pa,
damages; but the court exclu ded thi
evidence and the defendant tool
exception to the exclusion.