Middlebury register. (Middlebury, Vt.) 1886-1937, 1907-12-27
ADDISON COUNTY COURT.

In the case OF In re Caroline w. Rogers
will, John @. Adams and other contest
ants and appellants, which came to
close last week Thursday after two
weeks trial, day and half were taken
up with the pleas to the jury and they
were all able and strong ones. F. w.
Tuttle of Vergennes opened the argu-
ment for the validity Of the will proposed
for allowance and was followed by
Charles l. Button of Middlebury for the
contestants on Wednesday forenoon.
Mr.. Buttons address to the jury was
generally commented upon as an espec-
tally good one for so young lawyer.
Judge Bliss for the contestants and
Frank L. Fish for the proponent used up
the greater part of the afternoon session
and it was nearly six o'clock when Judge
Miles completed his charge to the jury;
and it must have been a densely dull
Juror who could not understand the
courts exposition of the law as applied
to the evidence in the case.
The jury struggled all right with this
case and when they came iuto court
Thursday morning after taking an airing
around town they looked, or some of
them did, little the worse for wear.
Their foreman reported a disagreement
and Judge Miles, after calling their at
tention to the importance of the case
and the desirability of an agreement,
sent them out again to try it over. Just
before the noon recess the jury came
back into court again and the foreman
announced that they were hopelessly di-
vided, whereupon they were discharged
| from further consideration of the case.
1t is understood that the jury stood eight
for breaking the will and four for sus.
tanning it, whereas in the former trial a
year ago last June, the jury had agreed
that the document offered was the last
will and testament of Caroline w. Rogers.
What will become of this very import
ant case in the future is probematical.
Since the jury did not agree it cannot
well be again taken up to the Supreme
court, and third trial or compromise
are the only alternatives in sight.
The case of j. E. Cowles VS.. Josiah E.
Cowles, administrator, was started
Thursday forenoon. In this case. the
parties to which belong in New Haven,
the plaintiff sought to recover some $1400
or $500 from his fathers estate for care
of his father and expenditures made in
paying his debts, etc, in the last year or
two of his life James B. Donoway of
Middlebury was the attorney for the
plaintiff and Davis & Russell of Middle
bury represented the administrator.
The case was gotten to the jury Satur-
day forenoon after the pleas and the
charge of the court. 1t was 2 40 that
afternoon when the jury came in again
and reported verdict for the plaintiff,
that he recover 1915 and his costs, and a
recess was then taken to 2 o'clock p. m.
on Monday, December 30. to which time
all the jurors not engaged on the case
had previously been excused. The
Cowles case will surely go up to the
Supreme court.
Before resuming this case Friday af-
ternoon a batch of respondents was
brought in to respond to the charges
against them. They were Edward Can
ton of Bristol, charged with selling in
| toXicating liquor contrary to law. lie
pleaded not guilty. Leon Culver and
Frederick Curran of East Middlebury,
to information against them for larceny.
Culver said mot guilty" to both. Cur
ran pleaded guilty to one charge and not
guilty to the other. Fred Whittemore,
Matte Laddy and Hattie Rider of Lin
coin were charged with adultery and
they each in turn said not guilty. In
the case of Stephen Hallock of Bristol,
who was indicted for an assault with in
tent to kill upon one Amos Dumas of
Bristol, the charge was changed to sim
pie assault, to which the prisoner plead
ed guilty, and he was fined $50 and
costs. Frank Wissell of Granville. in
dicted for adultery, pleaded not guilty
and was put under $1,000 bonds, which
he has not yet been able to procure.
The first case standing open for trial
when the court recommence Monday af-
ternoon is that of Isaac w. Hatch, ap.
pellant, vs.. Nellie G. Barnard's admins
traitor.