Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-12-09
Addison County Court.


after 10 o'clock a. M, with these officers:
Hon. Henry r. Start of Bakersfield,
chief Judge; Hon. a. w. Foote of Corn
wall and Hon. Z. A. Field of Addison,
assistant Judges; Rufus Wainwright of
Middlebury, clerk Leroy G. Russell of
Middlebury, states attorney; Olin A.
Smith of Addison, sheriff, with IA
deputies; Charles E. Pinney of Middle
bury, treasurer; Miss Ella M. Ballou of
Rutland, reporter; and A. w. Dickens of
Middlebury, probation officer. The
deputy sheriffs appointed by Sheriff
Smith are: VIM. H. Cobb and Thad M.
Chapman of Middlebury; E. N. Hemen-
way of Granville, John H. Beane of
Lincoln, E. H. Palmer, of Monkton, VIM.
il C. Hack of Orwell; Henry P. Fisher of
Vergennes, Fred E. Rowley of New
Haven, Joel V. Carpenter of Starksboro,
Stoddard B. Martin of Ferrisburgh, Frank
C. Dyer of West Salisbury, Geo. S. Farr,
Bristol, and VIM. L. Wheeler of Bridport.
Messrs. Fisher, Farr and Wheeler are
new appointees, all the others having
served before.
The opening prayer was offered by Rev.
w. H. Washburne, pastor of the Metho-
dist church of Middlebury, and the jury
calendar and general court docket were
then read over for entries. On the jury
calendar these cases were marked for
trial: DR.. E. O. Porter VS. the Town of
Cornwall; in re will of Adeia G. Pond.
L. Alison Webster, appellant, Bion
Wilson and others, contestants; Pearl
Doty VS. Charles w. Norton; Goodsell
Greenoughs Guardian, appellant, VS. the
Bristol Railroad Co.; in re Guardians
Account of Josiah Cowles, guardian of E.
d. Hall, insane, Francis M. Palmer,
appellant; Michael j. Fitzpatrick, ad-
minstrator, vs. James B. Tully; Button
& Button VS. the Middlebury Electric Co.;
Frank N. Hill VS. Margaret Garland.
The Vermont Farm Machine Co. VS.
Henry T. Fish, appellant, was settled and
discontinued. Frank S. Lavarn VS. F. E.
Foote and H. E. Sanford was continued.
In Edward Higgins VS. G. E. Bates ct al,
which is the Cornwall automobile case, a
defendants Later the motion was
argued by Russell w. Taft of Burlington
for the motion and by w. H. Bliss of
Middlebury against, and the case was
| ordered continued at the expense of the
defendants.
Most of the cases on the general docket
were continued. Antoine Gregoine VS.
Eugene Leonard was marked for trial
by the Court. Lyman G. Peters VS. Mary
E, Peters, petition to annul marriage.
was discontinued. Alice G. Barnes VS.
Moses Vincent was set for the Court.
Louise G. tGarapee) Thorp, by her next
friend. A. w. Dickins VS. George Thorp,
was discontinued, as was Frank n. Hill
VS. John Gilmour. Only a few divorce
cases were entered for hearings and the
large batch of old criminal cases were
passed for the time. These three cases
on the chancery docket had been settled
and were entered discontinued: Harriet
A. Stone VS. the Congregational Society
of Ferrisburgh; Trustees of the same
Society VS. Harriet A. Hare and Eunice
j. Norton VS. Burton w. Norton ct al.
After brief hearings on motions recess
was taken at II 80.
AT the afternoon session the panels of
grand and petit jurors were called and
sworn and given the usual instructions
by the Court. We have already printed
the names of the petit jurors summoned.
Those called to serve as grand jurors
were the following: Ezra Smith of
Addison, George L. Towner of Bridport,
Wilbur G. Bingham of Bristol, Benja
min F. Casey of Cornwall, Orville c.
Field of Ferrsburgh, Hiram r. Perry of
Hancock, charles A. Klnsley of Lincoln,
John E. Weeks of Middlebury, Edward
H.. Palmer of Monkton, Charles S. Dana
of New Haven, Henry E. Hack of Orwell,
Lyman S. Kent of Panton, George l..
Young of Ripton, Edgar N. Bissell Of
Shoreham, John W. Dyke of Starksboro,
George F. Young of Vergennes, w. C.
Sturtevant of Weybridge and John @.
Stickney of Whiting. Mr.. Smith of
Addison was too late to answer roll-call
and George E. Russell of MiddebuIy
was called from the court room to fill his
place. The Court then gave them their
instructions and appointed Judge John
E. Weeks of Middlebury their foreman.
Deputy Sheriff HI. P. Fisher was sworn
to have them in charge and they at once
retired to their room to take up theiI
labors. When the petit jurors, all of
whom were present, had received their
instructions a recess was taken to We'd
nesday morning at 8 o'clock.
There was not much doing Wednesday
forenoon, but the first trial of the term
was begun shortly before the noon recess.
The case is entitled in re Adelia C. Ponds
will. l.. Alison Webster, appellant; Bion
| Wilson ct al, contestants. 1t will be
remembered that this case was begun
and considerable progress made in its
trial but then broke down at the last
June term and was continued on
terms as to the contestants. Briefly,
the story of the case is this In
May, 1908, the testatrix, Adelia C.
Pond, an aged widow, died at her home
in Whiting, having two days previously
made a will giving all her property, the
amount of which is problematical to
Judge Asa II. Hubbard, who had long
been her friend and man of business, for
his use during his life time, the remain