Middlebury register. (Middlebury, Vt.) 1886-1937, 1907-12-06
ADolsON COUNTY COURT.


son County opened in the court house in
Middlebury at 1915 o'clock Tuesday fore
noon. Hon. Willard w. Miles OF Barton
is the presiding judge and the assistant
judges are Hon. e. A. Field of Panton
and Hon. Frank G. DYER OF West Sails
bury. The other officers of the court
are: Rufus Wainwright of Middlebury,
clerk Olin A. Smith of Addison, sheriff,
with fifteen deputies; Leroy G. Russell of
Middlebury, States Attorney; Charles E.
Pinney Of Middlebury, treasurer; Olin A.
Smith Of Addison, probation officer; Miss
Ella NJ. Ballou of Rutland, Photographic
reporter.
There were not 80 many out t-of-town
lawyers present as usual at the opening
of the court, although several important
cases were expected to come on. Among
the attorneys present from abroad were
p. M. Melden of Rutland, Hamilton S.
Peck and Rufus G.. Brown of Burlington,
Frank l.. Fish and F. w. Tuttle of Yer
gennes, w. w. Rider of Bristol and F. L.
Harman of Vergennes.
Rev. George r. Stair made the opening
prayer, after which Sheriff Olin A. Smith
made the usual proclamation for the
opening of the court, under the instruc-
ton of Judge Miles.
The cases on the jury calendar were
next called off and were marked as fol-
lows: Ben Vincent VS.. Luther Varney,
appellant, continued. Town of Ripton vs.
Town of Brandon, trial and set to the
heel of the civil jury docket; In re will of
Caroline W. Rogers, John S. Adams, ct
al, appellants and contestant, trial; j. S.
Cowles VS.. Josiah Cowles, administrator,
appellant, trial; Isaac w Hatch, appel
liant vs. Nellie G.. Barnard's administra-
tor, trial; William Meain VS.. Frank g.
Lavarn, trial; Noah Lathrop VS.. Frank
G. Lavarn, trial; Chester A. Broughn by
his next friend VS.. L. o. Allen, trial;
Raymond Mumley vs.. Rutland Railroad
company, trial, and set after the Ripton-
Brandon case; Columbus Smith VS.. the
Rutland Railroad Company, settled and
ulSCOIltlnueu LIE case vi w lllldtl VI
Butterfield VS.. James Eubar was also
entered as settled and discontinued.
On the court calendar the cases of Ste
phen w. Gregory, appellant vs.. Byron
Howard and Sally Howard VS.. Stephen
w. Gregory were entered for trial at the
next term or a nOn-suit in each case, at
that time. Only three divorce cases
were set for trial, the attorneys in the
other cases not being in court. In the
case of j. II. Donnelley vs. j. H. McKan-
non the entry was settled and discon-
tinued. In these two cases judgment by
default was given for the plaintiffs, the
clerk to assess the amount; Isaac Shapiro
va. Jacob Shapiro. appellant. and George
F. Dudley vs. William Wheeler. The
cases of Ford Capen VS.. George H. and
Jennie NJ Churchill and Felix Bodette
VS.. Henry E. Bodette were set for trial.
Tuesday afternoon the jurymen on
both panels were called and sworn. OF
the grand jurors summoned all were
present but Frank H. Hill of Starksboro,
and Charles G. Seeley of Middlebury
was drawn from the court room by
Sheriff Smith to take his place. Ex-
Judge Abram w. Foote of Cornwall was
appointed their foreman and Judge Miles
gave them the customary instruction.
They then retired to take up their duties
in charge of Deputy Sheriff Harry E.
Sanford of Cornwall.
All of the thirty two petit jurors sum-
moned were present with the exception
of Charles T. Parker of Vergennes. Judge
Miles gave them instructions according
to law, and then excused them until nine
o'clock "Wednesday morning
The first jury case of the term was got
under way at 1l:l5 o'clock Wednesday
forenoon. The case is that of In re will
of Caroline w. Rogers, John Q. Adams
ct al, contestants and appellants. The
case has been tried once before in this
county and comes back on remand
from the Supreme Court. 1t is likely
that the case will take up all the time of
the court until at least the middle of
next week. F. L. Fish of Vergennes is
the leading counsel for the proponents of
the will and Judge w. H. Bliss of Mid
dlebury is taking the leading part for the
contestants.