Middlebury register. (Middlebury, Vt.) 1886-1937, 1909-06-04
? COUNTY COURT.N
Inc Term Opened Tuesday. Ind.
cations are for a Short Term.

The June term of the superior court
for Addison county opened in the court
house at 1925 o'clock Tuesday forenoon
with Hon. Fred M. Butler of Rutland as
chief judge and Hon. Frank G. Dyer of
West Salisbury and Hon. Chas. s. Dana
Of New Haven as assistant judges. The
other officers of the court are: Rufus
Wainwright of Middlebury clerk. Frank
w. futile of Vergennes States attorney,
Miss Ella M. Ballou of Rutland phono-
grapher, Charles E. Pinney of Middle
bury treasurer, DIN A. Smith of Addi-
son sheriff and probation officer, with Il
deputy sheriffs. The opening prayer
was made by Rev. Charles H. Dickinson,
D. D., pastor of the Congregational
church of this village, after which the
proclamation of the converting of court
was made by Sheriff Smith.
The out of town attorneys present at
the opening were: v. A. Bullard, j. E.
Cushmsn, Rufus e. Brown and J. w.
Page of Burlington, Charles F. Kingsley
of Salisbury, w. A. Atwell of Brandon,
Jasper G. Page, Murray Bourne ard
A. C. Benedict of Bristol, States Attor-
ney Frank W. Tuttle and Frank L. Fish
of Vergennes. The jury calendar was
read over and the following cases set for
trial: Patrick Simon VS.. s. w. Hindes
and II. II. Hickok, Myron Kelsey VS..
James R. Grace, apt, Joseph w. Trudo
VS.. w. H. Cardell, Kate Cramer VS..
Leona F. Scranton, the Lincoln Lumber
Co. vs.. Joseph and Lewis Odett, apts,
Henry and Thomas Calvin VS. Frank
Donor, apt. The other cases on the
jury calendar were passed temporarily
except those of Rose and Frank Eubar
vs. Joseph Dumas, which was continued
by agreement, and Milo S. DEMO, ad-
ministrator of the estate of Robert M.
DEMO vs.. The town of Ferrisburgh, in
which Judge Butler is disqualified as
having been counsel and in regard to
which case Judge Butler said that he
had written to Chief Judge w. w. Miles
to get an exchange so that some other
judge could come here to try that case
during the term. The court calendar was
gone over and six cases were passed over
except that of w. P. Callahan and Com
pany vs. G. o. Larrow, which was enter
ed settled and discontinued. At II
o'clock the court took recess to p. m.
At that time the petit jurors were called
on and sworn and Judge Butler gave
them very strong instructions as to their
duties, especially of their keeping silent
regarding cases on trial or to come to
trial. All of the thirty-six members of
the jury panel answered to their names
except Silas w. Jewett of Cornwall,
who came il, later. The five following
members were excused for cause: Gibson
Perkins of Addison, William Shattuck
of Monkton, Daniel C. Bent of Ripton,
George S. Ayers of Salisbury and Frank
Barrows of Vergennes.
AS there was no case ready for trial
Tuesday afternoon the court, after doing
some more work on the docket, at 3
o'clock adjourned until 8 a. M. Wednes-
day. The cases disposed of in the mean
time were as follows, except those con.
tinued under the rules: w. E. Perlev
VS.. j. S. Clark and Rutland railroad
company, trustee, apt, settled and dis
continued: Joseph Battell VS.. L. j. Rob
inson, settled and discontinued; Arson
j. Brown VS.. Eugene Manus, settled and
discontinued; Thomas r. Noonan's ad.
ministrator vs.. Martin Fuller, settled
and discontinued Seven divorce cases
were set for hearing and two discontin-
ued. The criminal docket is yet to be
called up and is not of much conse-
quence so far for this term. There are
only two prisoners in Jail who have any
thing to do in this term of court
The case set for trial Wednesday morn.
ing was that of Joseph w. Trudo VS..
w. H. Cardell, but as the plaintiff was
not present at the opening, recess was
taken until 1870. These parties live in
Bristol, where the plaintiff formerly
worked for the defendant a year ago last
August, when he was kicked by a vi
cious horse owned by the defendant and
badly injured, for which injuries he
brought suit to recover damages. Dur.
ing the noon recess the case was settled
out of court.
1t was found that the civil Jury cal
endar was in a chaotic condition, the
case of H. G. Potter VS.. l. N. Chase
having been continued by agreement
and some other cases transferred from
the jury calendar to the court calendar,
leaving only two or three cases at most
to be tried by jury. The jurors were
then excused until o'clock Thursday
morning.
The time of the court Thursday was
taken up by the case of Henry and
Thomas Calvin VS.. Frank Doner, apt.
This is a case in which the Galvins sue
to recover pay for some hay which the
defendant cut on their land