Middlebury register. (Middlebury, Vt.) 1886-1937, 1905-06-23
COUNTY COURT.
LARGE VOLUME OF BUSINESS
DISPOSED OF.


On account of the pressure Of other
important matters upon our columns |
part of the report of the proceedings |
in county coult had to be omitted. At
the time of closing our report the case |
of Mary j, Pond vs.. Adelia G. Ponds |
executor to recover for six wears SER
vice to Adella {. Pond, was on trial |
The testimony in this case was con-
cluded shortly before II o'clock on
Wednesday and the arguments were
completed by 3 o'clock p. M, each side
having been limited to an hour and
half. James B. Donoway of Middle
bury, made the opening plea for the
plaintiff and was followed by w. H.
Davis of Middlebury, for the defense.
! T. w. Moloney of Rutland came next on
the same side and Frank L. Fish of
Vergennes closed for the plaintiff in
the afternoon. The arguments were
strong ones and were listened to with
close attention.
Judge Watson took up about half
an hour in his charge to the jury
which was extremely clear and forcible.
With careful utterance the court ex-
planned to the jury that under the law
and the evidence the plaintiff, Mary
Jane Pond was entitled to recover, if
entitled to recover anything, either two
dollars or two dollars and a half per
week for the six years claimed which
| . 4 al,
any, to have been with interest from
the conclusion of the first of the six
years and her costs The jury returned
into court in about 40 minutes with
a verdict for the plaintiff to recover
the full amount claimed at the rate
of 50. so per week and her costs The
amount given her, exclusive of costs,
totalling up to S79S.72. Judge Hubbard
was practically, though not nominally,
the defendant in the case and the
verdict, with the lawyers fees, will
probably wipe out about all of the
assets of the estate of Adela c. Pond,
which according to her will in Judge
Hubbard's favor sustained in this court
at the last December hearing and sub
sequent developments figured up to
about $4,000. The case was hard and
ably fought, and it is somewhat doubt
full about its being carried up to the
higher court.
States Attorney Russell was a pretty
busy man during the week and shortly
before the noon recess on Tuesday he
had bunch of five prisoners brought
into court to plead to informations pre-
viously filed. The cases with the Of
fences alleged, were as follows: State
VS.. Joseph Rivers of Middlebury, adul-
terry; State VS.. Cora Dickinson, wife
of Grin Dickinson of Middlebury, adul
terry, and alleged particeps criminis with
Rivers; State VS.. Don Henry Davis,
supposed to be from Malta, forgery
State VS.. Fred A. Bailey Of Ferrisburgh,
breach of the peace, and State vs. Del
bert d. Burns of Ripton, cruelty to
child. Each of these respondents plead
ed not guilty to the particular offences
charged and in consideration of the
financial incapacity of Rivers, Mrs.
Dickinson and Bailey counsel was as
signed for them at the expense of the
State. Charles |. Button of Middlebury
being assigned in each case.
The trial of the case against Joseph
Rivers was got started at 4:30 o'clock
in the afternoon after the jury in the
Pond case had gone out to consider
their verdict; and at the conclusion of
the testimony of one witness, who was
Mrs Joseph Rivers, wife of the respond
ent, the court at $40 o'clock took a
recess to the usual hour on Thursday
morning.
During the forenoon Wednesday the
States Attorney filed an information
against Harry Mccormick, alleging Jail
breaking.
The case against Joseph Rivers took
up all the time of the court until the
middle of the afternoon Thursday all
the jurors not engaged on the case
, being excluded from the court room
during its trial in case they should be
called upon to sit in the companion
. case against Cora Dickinson. Mr.. But
ton enlisted the assistance of Mr.. Davis
in the defense. When the evidence
for the prosecution closed the case
suddenly broke down and under advice
q of counsel respondent Rivers withdrew
|, his plea of not guilty and entered a
a plea of guilty. Mrs. Cora Dickinson
a was later brought in and also changed
\ her plea from not guilty to guilty.
Sentence was not pronounced in either
case.
The case against Don Henry Davis
charged with forging the name of j.
W. Ketcham, a United States prisoner
j, in the county jail, to check for one