Middlebury register. (Middlebury, Vt.) 1886-1937, 1905-12-08

| Indu NJ. chapman OF MluuleDury, prODal
There were not as many lawyers
from out of town present at the opening
as is usually the case. Those who were
on hand were: F. L. Fish and F. w.
Tuttle of Vergennes, Henry Ballard
j. E. Cushman and Rufus f. Brown
of Burlington, w. w. Rider, j. w
Page and A. C. Benedict of Bristol, Ex..
Gov. E. j. Ormsbee of Brandon was in
at the afternoon session.
After prayer by Rev. Thomas Simms,
pastor of the Middlebury Congregational
church, Sheriff Smith made the custom
| airy proclamation convening the court
and the cases on the jury calender were
then called off by the clerk and were
disposed of temporarily or otherwise as
follows w. j. White VS.. Elizabeth
Caswell, misentry, marked not for
trial; Myra Lee VS.. the Central Vermont
Railroad company, settlement announced
and marked not for trial; in re will
of Isabella Tulley, Edward NJ Tulley
and others, contestants, and appellants,
negotiations for settlement pending;
Paul Shackett VS.. George w. Wilcox,
appellant, trial; w. G. Sprague's admin
istrators VS.. George H. Bostwick, first
marked doubtful, then set for trial and
placed at the heel of the docket; c.. w.
Rivers and son VS.. Peter and Alice
Lafayette, appellants, settled and dis
continued; Mary i. Nash, appellants,
VS.. Louis Lamorder's administrator, set
for trial and assigned for the first case
on Wednesday morning; Amos Wether-
bees executor VS.. Charles H. Reese,
trial. town of Ripton vs.. town of Bran.
don, pauper case, trial; j. II. Church
vs.. 7. II. Eaton, appellant, trial. for
this case a motion for continuance was
filed and in the afternoon it was argued
by Ira II. LaFleur of Middlebury, in
favor and by William H. Davis of Mid
dlebury, in opposition and was over
ruled by the court. This left six cases
standing for trial, all of them under
stood to be short ones and none of them
The forenoon session lasted just 20
minutes and at 10 80 o'clock a recess
was taken to 2 p. m.
Immediately upon the re-assembling
of court in the afternoon the Grand
Jurors were called and sworn. Their
names have already appeared in the
Register. -Four members of the panel
were not present to answer to their
names, illness being understood to he
the cause of absence in each case. The
absentees were: George Z. Wilson of
Granville, j, G. Swinington of Leicester,
G. II. Stone of Monkton and Kent W.
Merritt of Shoreham. BY direction of
the court Sheriff Smith drew the follow
from among the audience to fill up the
panel Fred NJ Foot of Middlebury, j.
O. Walker of Ferrisburg, Edward j.
Mathews of Middlebury and .Edrick
Adams of Panton. Judge Powers gave
the Grand Jurors the regulation instruc-
tions in regard to the meaning of their
oath and named Wallace N. Hill of
Starksboro for foreman. The Grand
Jury at once retired to take up their
work, There are only four prisoners in
Jail whose cases are to be investigated
and there was not much of an outlook
for a long session of that body.
The petit jurors were next called and
sworn and given brief instructions.
John r. Vnton of Granville was the
only member of the panel who was not
present to answer to his name. After
getting their instructions the petit jurors
were excused until w ednesday morning.
After hearing and disposing of the
motion for continuance in the Church
VS.. Eaton case and finding no other
business ready to be taken up the court
at 3:l5 O'Clock took recess to o'clock
I Wednesday morning.
The settlement of the railroad case
will tend materially to abbreviate the
term, A companion case growing out
of the same accident, which occurred
near Cambridge junction a couple of
years ago was tried in the Lamoile
county court last June and took up the
time of the court for IL days. In the
case here Myra Lee, wife of Henry Lee of
this town sued for $4,000 damages for
injuries received in that accident Her
attorneys were Thomas w. Moloney and
Judge F, NJ. Butler of Rutland and the
railroad was represented by G. w.
Writers of st. Albans and Frank l.. Fish
of Vergennes. Mr.. Fish was the only
one of these counsels who was present