Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-03-23
DISAGREEMENT OF JURY
Unable to Agree on Merits Of
Convey Rogers Suit.
Gases In County Court Failing Like
Nincpins. As the Jury Calendar
Is Reviewed from Time to
Time.

County court opened Thursday morning
With a review of the jury calendar, which
Vas likewise reviewed at intervals dur
Ing the day, on each of which occasions
he cases went down like nncpins. George
]. Ziegler & Co. vs.. Gladstone Bros. ants,
was marked no trial, and humorous other
eases were passed. including tho Powell
Woodbury. cases, which latter will prob
ably be specially assigned later, when
II can be learned at Just what time J W.
Redmond Of Newport, who IS oe counsel
for Mr.. Powell. can be present
The case of Coyey VS.. Rogers was then
resumed. The defense continued putting
in testimony. first calling ths plaintiff
for a few minutes cross-examina ion,
after which Mrs. Anna Flint Of North
lnderhill, former neighbor ~ the par
ties, testified as 70 various statements
made to her by the plaintlff to the effect
that she had to be saving. because she
had nothing except what she gained from
tho sale OF the farm produce
The next witness recalled October IL,
1893, at the Chicago Worlds fair, his namc
being Columbus Day. He testified along
similar lines and IN particular paid high
tribute to the plaintiffs abilities az "A
cook, the force OF which ne weakened
somewhat by volunteering the nforma-
ton that ne could eat most anything
Mrs. Lois Rogers was then called. She
s a sister-in-aw o. the parties, and testi-
led that the plaintiff told her in CONVEX
ts1on that she, the plaintiff, was not
setting anything for her services except
The proceeds of the farm produce that she
iold from time to time. ON crOss-exami-
tation she further testified that the plain
iff said she did not expect anything. a
act which had but just at tha- moment
occurred 10 the witness. 1t also tran
tpired that the defendant. Marshall Rog
YRS, had decided the farm to tn witness
and her husband in consideration OF their
teeping house for him, the decd to take
fleet on his death, and had also assisted
her In the purchase of n piano. Mrs.
Nogers was not witness AT the previous
trial, although at the time living in IN
ierhill
The defense rested at this point, and
,fter the plaintiff had testified briefly in
rebuttal OF the last three witnesses, the
evidence was closed. The deferSe made
motion for verdict at the close of the
evidence, but the court overrulod the mo-
ion and granted the defendant an OK
.eption. Three arguments were made be-
ore the noon adjournment, the first by
iulge Palmer in behalf of thu plaintiff
followed by Messrs Billiard and Brown
ior the defendant. Judge Palmer closed
FOR the plaintiff at the opening of the
tfternoon session, after which Judge But
or delivered an exhaustive and compre-
lensive charge to the jury, occupying
ibout three-quarters of an hour. Herald
stevens of Burlington was appointed fore
man of the jury. This is a new wrinkle
md Is in accordance with an act passed at
the last session Of the Legislature. pre-
Ylous to which each jury elccte its own
brennan. The Jury retired at $50 and
same in al i:56 reporting a disagreement
Not desiring any further instructions
from the court, they were again sent out
'or further dcliheratou. after which court
'ook adjournment until nine Friday
morning.