Middlebury register. (Middlebury, Vt.) 1886-1937, 1908-01-03
ADDISON COUNTY COURT.

After a recess of nine days the work Of
the county court was taken up again on
Monday afternoon and entries were
made in number of cases. In the case
of Louis Morris there was hearing on a
demurrer filed by F. w. futile in behalf
of the defense and Mr.. futile argued the
motion at length. Rufus E. Brown of
Burlington argued in opposition to the
motion, which was finally overruled and
the case was marked for hearing by
the court. There being no case ready
for trial. after an hours session recess
was taken until Tuesday morning at the
usual hour.
The case of Isaac w. Hatch appellant,
VS.. Nellie G. Barnards' administrator
was got under way the first thing Tues.
day forenoon. This suit was brought TO
the year 1904 by Mrs. Barnard, who was
the plaintiffs daughter, and aggregating
1866. Mrs. Barnard was one of the un.
fortunate victims of the railroad disaster
at Vergennes on the first day of Decem-
Der, 1906, and ex-Judge Moses B. Cove of
Lincoln. where she resided, is the adj
ministrator of her estate. 1t seems that
in the year 1904 Mr.. Hatch was running
hotel at Queen City Park, Burlington,
and his daughter at the same time car
ried on a grocery store at the park, leas-
ing the premises from her father. The
plaintiff claimed that the notes given
were to cover rent and money loaned and
deducting payments endorsed a balance
of S777.9l was claimed. The defense
claimed that the notes were invalid for
lack of consideration, but conceded that
there was SIS due for rent, so that there
must anyhow be verdict for the plain
tiff. Mr.. Hatch formerly lived in Lin
coin but is now resident of Richmond
and at the time of her death Mrs Bar
nard was conducting small general
store in Bristol.
Rufus Z. Brown of Burlington and
Judge w. H. Bliss of Middlebury ap-
peared for the plaintiff, while Davis and
Russell of Middlebury had charge of the
interests of the defense, The plaintiff s
attorneys introduced the notes in uues-
ton and Immediately thereafter rested
their case. The remainder of the day
Tuesday was taken up with the testi-
mony of witnesses for the defense and
the evidence was all got in before the
evening adjournment.
Wednesday forenoon was taken up
with the arguments to the jury, Mr..
Brown opening for the plaintiff and he
being followed by Mr.. Russell and he in
turn by Mr.. Davis for the defense. Judge
Bliss made the closing plea for the plain
tiff and finished at II o'clock, when a
recess was taken to o'clock Thursday
morning, as a number of the jurymen on
the case expressed desire to attend
the annual meeting and banquet of
the Addison County Agricultural society
that afternoon. The court attended that
meeting in body, judges, jurors and
all, and had one of the pleasantest times
in their lives.
Thursday morning work was resumed
on the Hatch case and Judge Miles gave
his charge to the jury
Judge Miles took up only 90 minutes
in his charge to the jury and they re-
tired at 8 :25 o'clock to consider theil
verdict. They did not come in again un.
til after the noon recess.
After this jury went out there was
nothing done at the forenoon session
The case of E. G.. Piper VS.. the Rutland
Railroad company was docketed to come
next, but the witnesses failed to get
their trains, so that the case was moi
started until the afternoon session. Fur
Their consideration of it must be deferred
until next week.
Later-The jury in the administrator
case of Isaac w. Hatch vs.. Nellie G.. Bar
nard returned at 1:30 with verdict fol-
plaintiff to recover $3.50 and costs. The
case which was on trial since Monday
was hard fought.