Middlebury register. (Middlebury, Vt.) 1886-1937, 1907-06-28

the bag abandoned by Walter. He in
sisted that he had been at work helping
to repair threshing machine on the
other side of Dead Creek and after COM
pleting his work he saw Walter in the
boat and got the latter torow him across.
Jerome's father and mother testified for
him Tuesday morning and the arguments
to the jury were then made. States At
torney Russell arguing for Jerome's con-
viction and Charles l. Button for his ac-
quittal. Judge Taylor's charge was
brief, as the pleas had been, and the case
went to the jury at 1920 o'clock. An
hour later they came in again for furth-
er instructions. At 2:30 in the afternoon
they once more filed into court and an
nounced their inability to agree. The
court sent them back to try it again and
they struggled with the case until 4
o'clock, when they again reported dis
agreement, and this time they were dis
charged from further consideration of
the case. Jerome was released from
custody on his own recognisance.
At the morning session decisions were
handed down in two divorce cases heard
last week. The first was Josie Clapper
VS.. Wallace Clapper. These young peo-
pie passed their brief married life at New
Haven Mills. Some four years ago the
husband left abruptly and has not since
been back at the Mills. Salisbury was
his last known place of abode. The bill
was granted for wilful desertion, and
Mrs. Jlapper was given leave to resume
| her maiden name of Josie Carl. Charles
l. Button represented the petitioner and
there was no appearance for the hus-
band.
The second case was Emora E. Sterling
VS.. Maud Sterling. These were Gran.
vile parties, and the bill was granted
for adultery. Ira H. LaFleur was coun-
sci for the petitioner and there was no
defense.
James Ella of Lincoln came into court
Tuesday forenoon, and, retracting a
former plea of not guilty, pleaded guilty
to an information charging him with a
breach of the peace in threatening his
wife. Ella was sentenced to serve not
more than two years and not less than
one year and six months in the House of
Correction. This sentence was suspended
and the respondent was placed in charge
of the probation officer
Tuesday afternoon another civil Jury
trial was begun. The case is Michael
Carnage VS.. Joseph Angler. Last year
these parties lived next neighbors at New
Haven Mills and Carnage employed
Angler to do some haying and other farm
work for him on shares There seems to
have been considerable trouble about the
division of the crops and finally on Feb
ruary last, as is alleged by the plaintiff,
Angler assaulted Carnage and gave him a
severe beating, cutting him in several
places on the face and head and necessi-
tating the attendance of physician.
Hence this suit, in which the damages
were placed at $4,000. Davis and Russell
were the plaintiffs attorneys and l. H.
Latleur and Frank l.. Fish represented
the defendant.
The testimony for the plaintiff was all
day morning the plaintiff rested and the
introduction Of evidence for the defend
ant was at once begun. 1t was claimed
for the defense that Plaintiff Carnage
was in general a quarrelsome and even
dangerous man; and in particular that
he was the aggressor and struck the first
blow in the fracas in which he received
the injuries for which he seeks to recover
damages; and furthermore, that Defend
ant Angler did nothing more than he
was PRIVILEGED to do as a matter of self.
defense.
The case was on all day Wednesday
and again Thursday, and the rebuttal
testimony had not all been got in when
our report closes. 1t is probable that the
case will be completed today.
Thursday morning the case of Frank
j. Hubbard VS.. the Rutland Railroad
Co., was set for trial next after consider
able contention as to right of way be-
tween that case and the case of George p.