Middlebury register. (Middlebury, Vt.) 1886-1937, 1903-12-04
COUNTY COURT.
Dec. Term Opens Tuesday. Short
Term Probable.

The December term of the Addison
county Court opened in the court house
in Middlebury on Tuesday forenoon De-
cember at II o'clock, with Hon. James
M. Tyler of Brattleboro as Chief Judge
and Hon. B. w. Collins of Ferrisburgh
and Hon. A. w. Foote of Cornwall as
assistant Judges. The remaining officers
of the court are Thad. M. Chapman of
Middlebury, Sheriff, with fourteen dep
uty sheriffs; Rufus Wainwright of Mid
dlebury, clerk James b. Donoway of
Middlebury, States Attorney; Charles E.
Pinney of Middlebury, treasurer; Miss
Ella NJ. Ballou of Rutland, stenographer;
and A. w. Dickens of Middlebury, pro-
baton officer.
There was good-sized delegation of
out of town lawyers present after the
train came in from the South, and
among them were F. w. McGettrick of
st. Albans; George E. Lawrence and
Thomas w. Moloney of Rutland; Henry
Ballard, j. E. Cushman, w. F. Ferguson,
C. w. Brownell, R. E. Brown and E. G.
Mower, of Burlington; F. L. Fish and
F. w. Tuttle of Vergennes; Wallace w.
Rider and j. w. Page of Bristol; H. H.
Powers of Morrsville and Charles F.
Kingsley of Salisbury.
Rev. Thomas Simms, pastor of the
Middlebury Congregational church
offered the opening prayer and the pro-
clamations for the opening of court and
the convening of the Grand Jury were
then made by Deputy Sheriff William
II. Cobb of Middlebury; Sheriff Chap
man being temporarily absent. 1t was
found that several of the members of the
Grand Jury panel had not arrived and
the administering of the oath to that
body was deferred to the afternoon
session. Moses B. Cove of Lincoln was
absent and excused for the term and
and Gideon d. Miner of Middlebury was
drawn from the court room to serve in
his stead. At this point proceedings
were suspended to await the arrival of
the Ills train from the south, which
came in nearly half an hour late and it
was quarter of twelve when work was
resumed.
The Jury Calendar was first called off
and the cases variously disposed of.
Five cases were marked for trial, as
follows: Francis Downs and wife VS..
Lizzie r. Turner ct al. and trustee;
Henry c. Wood VS.. Hiram Stratton,
appellant: w. A. Claflin appellant, vs.
A. ID. Willard & Co. and trustee; Will
liam S. Wright, appellant VS.. Levi G.
Sturtevant. Esther Davis administrator
VS.. Henry c. Davis, appellant; them
Town of New Haven, appellant, VS..
town of Cornwall, and Gordon II. Sprigg
VS.. the Rutland Railroad were held
open. Motions for continuance We're
made but not heard by the defendant in
b. w. Collins VS.. Wilbur Field, appel
liant and by the proponent in the case In
re will of Adela G. Pond, L. Allison
Webster, appellant, Bion Wilson ct al,
contestants. 1t was voted that the plac-
! ing of the case of The Westinghouse Co.
VS. c. H. Bowers and trustees on jury
calendar was mis-entry, the case hav-
ing hitherto been referred to Frank l..
Fish. Bert A. Atkins VS.. Paul Robinson
appellant and trustee, was entered set
tied and discontinued, and the now fam
| GUS case VI L. u. otuIltNdnl VS.. u. W.
Mccullough, the excellent governor of
this state was marked discontinued and
SO disappears from the docket, which it
has adorned since last December. Stur-
tevant's case VS.. The Burlington Free
Press Association was marked with the
court, but this case will eventually pro-
badly go the way of the other. In
the probate appeal case of Executor of
Loren w. Loukes will VS.. Ella Crown
ingshield ct al, appellants, an entry was
agreed upon by counsel to the effect that
the will proposed is the last will and
testement of Loukes and case referred
back to the probate court. F. w. Tuttle
represented the plaintiff and F. l.. Fish the
defense. This disposed of the jury cal.
endar for the time being.
The court calendar was next called
over and number of gases were marked
for hearings and several were left open
for the present. These two were entered
settled and discontinued; 7. Kidder, ap
pellant, VS.. George Hodges and Joseph
Battell VS.. Wilbur Z. Hawks; and al
1912 o'clock recess was taken to p m
g, a.. "a