Middlebury register. (Middlebury, Vt.) 1886-1937, 1906-06-08
COUNTY COURT~
JUNE TERM OPENED TUES
DAY BY JUDGE MILES.
The First Session Given to Routine
Work of Reading the Court
Doekaf

!
Tuesday forenoon with these officers /:
Hon. Willard w. Miles of st. Johns
bury, chief judge; Hon. Abram w.
Foote of Cornwall and Hon. E. A. Field
of Panton, assistant judges: Leroy C.
Russell of Middlebury, States attorney;
Rufus Wainwright of Middlebury, clerk;
Olin A. Smith of Addison. sheriff and
probation officer; Charles E. Pinney of
Middlebury, treasurer; and Miss Ella NJ.
Balou of Rutland, official reporter.
There were not so many out-of-town
lawyers present at the opening as there
usually are. Among those in court dur
ing the day were; A. C. Benedict, w.
w. Rider, and J. w. Page of Bristol
Hamilton S. Peck and j. E. Cushman
of Burlington; F. w. Tuttle and Frank
L. Fish of Vergennes, and George E.
Lawrence of Rutland.
The opening prayer was offered by
Rev. George R. Stair, pastor of the Bap-
tist church of Middlebury, and the proc
lamation for the opening of the court
was then made by Sheriff Smith. On
account of the absence of so many of
the lawyers interested in the various
cases, the reading of the general docket
was deferred and the jury list was
called. Seven of the ten cases on this
calendar were marked for trial, as fol.
lows: Amos Witherbee's executor VS..
Charles H. Reese; Town of Ripton VS..
! Town of Brandon: Edward A. Jenney
VS.. E. A. Hier; in re will of Caroline
w. Rogers, John G. Adams and others,
contestants and appellants: B. G. GUM
don VS.. Ralph Purinton, appellant in re
will of Louis 7. Collette, Robert Collette
and others, contestants and appellants:
and Charles Mack VS.. the Sterling Marble
| Company. appellant. The case of Brad
ford j. Smith VS.. Mary A. Smiths es-
tate was entered discontinued, having
been settled out of court. In the case
of White River Valley Electric Railroad
company and Frank E. Paige, receiver,
VS.. town of Hancock in which a motion
for continuance was on file the attorneys
on both sides were not present and the
case was left open. The case of Cynthia
A. Mead. administrative, VS.. Fred A.
Owen, after hearing in the afternoon
session on a motion for a Judgment
forthwith for the plaintiff was also set
for trial, the court denying the motion
after some deliberation. This motion
was argued for by w. H. Davis of Mid
dlebury and against by h. S. Peck
Burlington and Frank L. Fish of Yer
gennes.
The morning session lasted only
quarter of an hour and the afternoon
session lasted only for an hour and
twenty minutes. Except for the ar
guments in the Mead VS.. Owen case,
nothing was done at the afternoon ses-
sion but the calling and swearing in of
the jurors, all of whom responded to the
roll call except William r. Warner of
vergennes. The Register has hitherto
published list of the jurors.
At 3:2O o'clock a recess was taken
until o'clock Wednesday morning with
the case of Town of Ripton VS.. Town
of Brandon assigned for trial at 8 o'clock
Wednesday morning. The instructions
of Judge Miles to the jurors were quite
comprehensive covering practically every
feature of their oath.
The first case brought on for trial
was that of the town of Ripton VS.. the
town of Brandon in which there are
several nice questions of law as we'll
as few questions of fact. The case
originated in the illness of one Charles
A. Robins at Ripton in FEBRUARY 1905
Mr.. Robins was treated by three physi-
clans, Drs. White, Farmer and Martin
of Middlebury and was operated on by
DR.. Martin for a bowel complaint in
the presence of the other physicians
The town of Ripton is claiming 1924
for medical services, care by a trained
nurse and incidentals. The town of
Brandon is fighting the case on the
grounds that Mr.. Bobins was never a
legal resident of Brandon under the
pauper laws and that even if he had
been he had property enough to pay all
of the necessary expenses of his illness,
so that he was not a panper in the town
of Ripton. Messrs. j. E. Cushman of
Burlington are conducting the case for
Ripton and Judge w. H. Bliss of Middle
bury is taking the laboring oar for Bran
don, assisting former Governor E. j.
Ormsbee. The case is still on trial as
we go to press and is likely to take
up the rest of the time of the court
until the adjournment over Sunday.
The criminal business for the term
will be very small from the present
outlook, but 1t is probable that the eight
civic cases set for trial will make
term of at least three weeks. There
are two contested will cases standing
for hearing and such cases are usually
long drawn out in county court trials.