Middlebury register. (Middlebury, Vt.) 1886-1937, 1908-06-19
ADDISON COUNTY COURT.

The case of H. c.. Potter VS. 1. N. Chase
and trustee, the Brandon National bank
was on trial when our report closed last
week. Plaintiff Potter is a well-knowu
horseman in this county and has resided
mostly in Middlebury but now makes his
home In New Haven. Defendant Chase
Is another well-known horseman. Defen-
dant had kept several of Potter's horses
at his place for long periods and having
trained some of them, as he claimed.
1t was claimed on the part of the plain
tiff that he had loaned Chase large sums
of money at different times and that he
was entitled to recover for horse Kremp-
ster, which had to be killed as the result
OF an accident received while in the keep
ing of Chase, but for which accident
Chase disclalmed all responsibility. In
the fall of 1906 the defendant took his
trottlng horse Advancer on the Western
circuit and MIR. Potter accompanied him
from Montreal to Libertyville, O., Mil
waukee, Wis, and other places, and on
this circuit Advancer won first money in
two SoOO0 purses, part of which the plain
till claimed ought to 90 HIM. He also
claimed to have loaned Chase $500 at two
different times while on this trip, IN ad-
dltlon to his large previous loans. Chase
denied having had one of these $500 loans
and claimed a large Offset for keeping
and training Potter's horses at Brandon.
Although 1t was pretty well mixed up
mess, and the case took nearly a week in
its trial.
The testimony was completed Thurs
day morning and the remainder of the
day was taken up with the arguments to
the jury and Judge Powers charge.
James B. Donoway of Middlebury opened
the case to the jury for the plaintiff and
was followed by V. A. Bullard and R. E.
Brown, both of Burlington, for the de-
fense, Judge w. II. Bliss of Middlebury
made the closing plea for the plaintiff, ,
and the arguments were all strong ones.
Judge Powers gave the case to the jury
in an admirable half hours charge Just
at the closing of the day Thursday, and
upon the opening of the court Friday
morning the jury were in their seats with
verdict. 1t was for the plaintiff to re-
cover $4O6 and his costs. This verdict is
not satisfactory to either side, and prob
ably the last has not yet been heard of
the case.
Thursday afternoon one Oliver Lowell
of Orwell was in court and pleaded guilty
to an Information charging him with a
breach OF peace. Lowell pleaded guilty
and was fined $40 and costs. He paid
up and was discharged.
A. L. Needham VS. the Boston and
Nam railroad came up. In this case the
plaintiff Needham sued to recover for
damages claimed to have been sustained
by the negligence of the defendant COM
pany in failing to get two of his ship
ments of livestock to tine Watertown
BrlQhtOn bot in for ha ,lor
market days, one shipment having been
made November 90, 1906, and the other
May IA, 1907 The defence denied the
alleged negligence and disclaimed res
possibility for Needhams loss on his stock,
which he claimed to have had to hold
over an extra week in each case and to
have been occasioned great loss by the
expense of so holding and by the necces-
sary deterioration of the stock. George
A. Weston of Bellows Falls and James
b. Donoway of Middlebury represented
the railroad, while plaintiff Needham
was represented by Davis and Russell of
Middlebury. The taking of the testimo-
ny for the plaintiff consumed the time of
the court until Saturday noon, when a
recess was taken until 2 o'clock Monday
afternoon.
Inc Needham case was resumed upon
the re-convening of court on Monday and
the evidence was not all in until Wednes-
day forenoon. The defense put in a large
quantity of testimony from the trainmen
who had charge of the two trains, other
officials office records. etc, to maintain
their contention that the railroad COM
pany was not responsible for any loss Mr..
Needham may have sustained.
Tuesday afternoon Judge Powers
handed down judgements in the follow
ing divorce cases, which had been heard
at odd times during the term:
Olive L. Carlisle VS. James Carlisle; bill
granted for wilful desertion. and custody
OF minor child, Cecil Miller, dereed to
the petitioner; John j. Enright of Bur
lington represented the petitioner, and
there was no defense.
Samuel d. Champine VS. Ruby Bur-
roughs Cnampine; bill granted for adul,
terry Charles l. Button of Middlebury
appeared for Mr.. Champine and no de-
fense was offered.
Herbert Grace VS. Edith l.. Grace; bill
granted for wilful desertion, and CUSTODY
of minor child, Nina, decreed to the pc
titioner. Charles II. Kingsley of Sails
bury was counsel for Grace and once
more there was no defense.