Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-03-23
VERDICT FOR PHYSICIAN
Jury Says DR.. Clark Can Recover
S132 from g. A. Yale.
Family Disagreement Aired
In County Court When Father
sues son on Account of
prCmissory Note.

County court opened Tuesday morning
| with n motion by the defendant In the
ca7e of Frederick T.. clark VS. Charles
! y. Yale. that the court direct n verdict
in favor of the defendant upon the
grounds that the representations claimed
| to have been falsely made by the de-
| PENDANT were not I'm writing, as is rc-
| CURED by The statute of frauds and that
| the possession of tho deed to real estate
| In question by Charles A. Yale was not
| shown prior to the death of Moses Yale.
| The jury was excused and the motion
| fully argued by +. NJ Horton for the de-
PENDANT and G. I. Cowles and V. A.
| Billiard for tho plaintiff. The court over
ruled the motion and both parties rested,
in the legal and not the literal sense of
| the word, for the arguments then began
| and the sluicc gates of oratory were
opened. and the goddess Of justice. with
her scales. newly discovered on the
| transom over the main entrance to the
| court room since the latter was washed
prior to the opening Of court swaycd
| backward and forward in response 10
the reverberations Of contentious legal
voices S. Il. Moulton opened for the
plaintiff. followed by Mr.. Horton for the
| defendant. and MI Billiard closed for tho
plaintiff. and II It is true that a PERSONS
left car tuglcs when some one absent
| is saying nice things about them. and
vice versa. then it must he true that the
defendant, in sunny California felt con-
! siderable Of a tineling in his right ear,
because his conduct was referred to by
Mr. Billiard with considerable frankness,
| After fifteen minute charge by the
court. the jury retired at 1l:i5, Sidney
| Warren Of Nilliston havinE hoon appoint
ed foreman. They reported at two o'clock
with a verdict for the plaintiff for the
| fun amount Of his claim, $500 1t Is
understood that the defendant will take
the case to the supreme court.
FATHER vs.. son.
A case was then taken up that caused
the chonlc sitters I'm tho rear of the
room to sit up for time. The plaintiff is
Clcophas Grandboia ara the defendant is
his son, Alfred Grauihois both residents
of Winooskl. Cleouhas was apparently
cold-hlooded proposition, as Re wore a
sweater and kept his overcOat on, not
withstanding the fact that the court room
was at the statutory temperature Of SO
degrees Alfred. his son, on the other
hand wore q summer suit with n distinct
t. audible stripe in the pattern. As may
! ave perhaps been inferred they are both
French. The attorneys are II. + Wolcott
for the plaintiff. and J. j. Enright and
Il. Z Brown for the defendant. The ac-
ton is one Of trover for the conversion
Ct a promissory note.
Neither of the parties being able to
speak English an interpreter became a
necessity. The interpreter suggested by
the plaintiffs counsel, not being vlrtuous
enough to meet the standard yet by the
defendants counsel, was rejected and
volunteers called for. Colonel Mimms
the court stenographer volunteered sotto
yoce. and gave the attorneys a sample Of
French conversation, but was rot taken
seriously by counsel. who suspected his
knowledge Of the language to be confined
to the proverbs in the back of Wehstor's
Unabridged Finally well-dressed and
eat appearing young man from Winooski
was pressed into service the defendant
was called to the witness stand and the
confusion began. Until the Judge took
hand tho room sounded as If meeting Of
in session. When a system Of procedure
as between tho examining counsel. the
witness, the Interpreter and the stenog-
rapher had been evolved, and the number
Of persons talking at once had been re-
Guccd to not more than two, the dis
traoted expression of Colonel Mmms be-
gan to wear away and the jury worc given
t. understand that Alfred hsd received
from his father the gift Of house in
Winooski. by deed dated January
"a. 1907 on which occasion b. and his
wife gave mOrtCaCe hack to Cleo
phas to secure a thousand dollar note.
The mortgage was later discharged
by Clcophas and the note handed back
to Alfred, who refused 10 give it up
again on demand, but handed it to his
attorney. Mr.. Enright. Alfred also
testified that he never made the state
ment that he was going to soil out,
pocket the money and "Eetthehcll"
out Of Winooski. The defendants
contention is that his father gave him
tho mortgage and note, rather than
pay taxes on II.
The plaintiff, Cleophas Grandbois.
was next called His version Of tho
transaction differed, in that the reason
given by him for surrenderIng the
note was that Alfred agreed to care
for him in sickness, ana to surrender
the note on demand. At any rate, Al
fred did not deliver the note. when
demanded. and the point in Issue Is
whether there really was Il string tied
to the note or not
Emma Bordo and Philias Graudbois
also testified, but their testimony was
ruled out. excepting testimony by
Emma that Alfred was present a the
wedding Of Philas. who is his brother
and by Philas, that Alfred lived on
St Peter street, neither of which facts
had any tendency to confuse the fury.
In the criminal case 81 state vs.
James =. polan, CharEcd with assault,
referred to last week, In whlch Do'an
pointed a gun at his better half. and
which was deferred pending an april
cation to have Dolan put on PROBATION.
a short hearing was had after court
adjourned for the day. Mr.. Dolan
appeared before the court To- give them
any information they might desire.
and to urge the placing Of her husband
on probation. Tho court took the
matter under advsement