Middlebury register. (Middlebury, Vt.) 1886-1937, 1907-06-14

Oatherine brydla, Hattie j. IOrey ct al.
contesting appellants, the contest was
Withdrawn and the will sustained after a
brief hearing on the question of proof of
execution, and the case was certified
back to the probate court. F. w. Tut
tie OF Vergennes was the attorney for the
proponents of the will and Frank L.
Fish of the same city represented the
contestants.
AT three o'clock the second jury trial
was got under way. 1t was G. L. Le-
Boef VS.. L. F. Benton, both parties be-
longing in Vergennes, in which LeBoeuf
claimed Si92 for ice furnished and work
done for the defendant.
In this case the plaintiff sued to recover
S192 from the defendant for supplies fur
nished and team work during haying last
season. Both parties are well-known
residents of Vergennes and LeBoeuf is
an extensive contractor and builder.
Defendant Benton claimed that he never
contracted with LeBoeuf to do his hay
ing but that his trade was made with
John LeBoufe, the plaintiffs son, who
should be the rightful plaintiff if there
was any cause of action. 1t was also
claimed that much of the hay was
ruined from the time and way in which
it was got in, and on this ground an offset
was put in for more than double the
amount of the plaintiffs claim. On the
other side it was contended that John
LeBoeuf acted simply as the agent of his
father, that therefore Charles LeBoeuf
was the proper plaintiff and that the hay
ing was done strictly according to agree
ment.
The testimony was all got in by A 80
o'clock Tuesday afternoon and the re-
mainder of the session was taken up with
plea for the plaintiff by F. L. S. Har-
man of Vergennes. 1t was Mr.. Har.
mans first argument in county court and
was a very creditable effort. We'd
nesday forenoon was taken up with pleas
for the defense by Charles l. Button and
Judge Bliss of Middlebury and for the
plaintiff by Frank L. Fish of Vergennes.
Judge Taylor gave the case to the jury
in an able charge of forty minutes dura.
tion and at ll:40 o'clock they retired to
consider their verdict. They were in
their seats when court opened in the
afternoon and returned verdict for the
plaintiff to recover Sl71.95 damages and
his costs. The case will be appealed to
the Supreme court, it is understood.
Kate Ploof, the alleged party of the
other part in the Ferrisburgh adultery
case, hereinbefore mentioned, was next
arraigned in court and entered very
strenuous plea of not guilty to the infor-
nation against her. The woman had no
counsel and was taken back to Jail, her
bail having been surrendered. The case
will come up later for final disposi-
ton.
The third jury trial was started at 3
o'clock Wednesday afternoon, the case
being Jacob Canton VS.. F. Landon 81
Son, all Bristol parties. The Landons
keep sales stable and Canton alleges
that in January last he purchased horse
from them which they warranted to be
"all right" but which subsequently
turned out to be blind. Consequently Can
ton asks for damages of $100 or 50. The
case did not make much progress Wednes-
day as only the plaintiffs testimony was
taken. There being no other witnesses
on hand, a recess was taken at o'clock
for the day.
The case came on again at the ring of
the bell at o'clock Thursday morning
and took up the greater part of the fore
noon. with various intervals occasioned
by the absence of witnesses for the
plaintiff. Finally at little before II
o'clock a motion was made by Lawyer
Davis of Middlebury that the plaintiff be
non-suted. Mr.. Davis and l.. c. Russell
being the attorneys for the defence.
The motion was strongly fought by Judge
Bliss and the argument was lively on
both sides. After taking ample time to
consider the matter the court agreed
among themselves and granted the nom
suit. Whether or not the plaintiff will
later on institute new suit, as he has a
legal right to do, is matter of doubt.
A recess was taken until o'clock p. M,
Immediately after the disposition of this
dase. with the prospect of getting another
civil jury trial under way in the after
noon.