Middlebury register. (Middlebury, Vt.) 1886-1937, 1911-06-16
COUNTY COURT.
a Number of Cases Disposed CT
Durinq the Week

tlnued, thus appreciably reducing the
amount of work ahead No business
whatever was transacted in open court
on Friday and at noon all the jurors
were excused until oclock on Monday
afternoon. Negotiations for settlement
IN several cases were pending during
the day, with the result that the case of
Ernest Goss, appellant, VS. Edward A.
Burt was settled and taken off the Jury
calendar and out of court. The case
was tried by jury a year ago and re-
suited in verdict in favor of the
defendant, but upon an appeal to the
Supreme court error was found and the
case ordered back for retrial. In the
terms of settlement, which are not
made public, the plaintiff was allowed
small sum for damages and his costs,
and the case was reported settled and
discontinued. A similar entry was made
in the companion case of Henry Merritt.
appellant, VS. Edward A. Burt, which
was on the court calendar and which
was settled on similar terms. This
disposes of all the cases growing out of
deplorable affair, as the case of Ruth
! COmstock against the same defendant
had previously been discontinued. L. C.
Russell of Middlebury represented the
plaintiff and Charles |. Button of Mid
dlebury the defendant in all of these
cases.
Saturday forenoon the divorce case of
Agnes Mabel Tracy VS. James NJ. Tracy,
both of Middlebury, was partially
heard and has not yet been finally dis
posed of. This case will call for later
consideration. Ira H. LaEleur of Mid
dlebury is the attorney for the petit
toner and Leroy C. Russell represents
the petitionee, who did not appear in
court
AT II O'Clock a recess was taken to
2 O. clock Monday afternoon, until which
time the jurors had been excused.
The work of the term was resumed at
2 O'Clock p. m. Monday. The case of
E. E. Sterling VS. @. N. Ford on the
jury calendar was entered continued on
the application of the plaintiff, the
plaintiff to pay the defendant S25 in
view of agreeing to the continuance.
James E. Donoway represented the
plaintiff and Ira H. LaFleur the de-
PENDENT. The two counter cases of d.
T. Hanley and E. L. Whitney VS. L. O.
Allen, and L. O. Allen VS. ID. T. Hanley
and E. L. Whitney, appellants, were
entered settled and discontinued with
out costs to either party. Mr.. Dono-
way represented Mr.. Allen and Mr.
Russell represented the other parties in
these cases.
The second jury trial of the term was
begun early in the afternoon and the
case is docketed as Edward B. Richard
son VS. Charles Church ct al, the others
being Leslie Farr, Frank Abair, Alfred
Cady, Chester Lewis, James Goodyear,
Henry Blair and Leon Clahin of Han
cock, in Addison county, and William
Beckwith of Rochester in Windsor
county. Leroy c. Russell of Middle
bury and Frank L. Fish of Vergennes
represent the plaintiff and Thomas w.
Moloney of Rutland and James B. Don
oway for the defendants. The damage
claimed by the plaintiff is $1,000, so
that the case is an important one. This
case grew out of fourth of July cele-
bration IN Hancock two years ago when
the plaintiff, Richardson, who is a prac-
ticing physician, was keeping the hotel
in Hancock known as the Hancock
house. The hotel is on the most promi-
nent square of the town, in the heart of
the village, and the celebration on the
night of Sunday, July 4, and Monday,
July 5, centered around that locality.
DR.. Richardson alleges that the de
PENDANTS and others whom he was UNI
able to identify created a great dis
turbance about his premises and on por-
tons of his premises on the night and
morning in question. 1t is set up in the
writ that cannon was fired at least
forty times, great number of cannon
crackers thrown on to his piazza and
exploded there; that he was struck and
burned by one which exploded and was
hAONhCh uOWil ny lut lOICe Ol lue eN-
ploslon, injuring the muscles and nerves
of one leg. 1t is also claimed that doors
and locks We're broken open on several
of the out-buildings and that the doc
tors horses and poultry were let out
from their enclosures and that the dis
turbance was kept up for five hours
greatly to the annoyance of the plain
tiff and his family and damage to the
aforesaid to the amount of 50 600 II |
took an hour to get a jury, eleven of
the first men called being excused from
service. The plaintiff was the first
witness in his own behalf and his test-
mony took up the rest of the afternoon
and half of Tuesday forenoon In addi-
ton to the above enumerated griev- !
ances, the doctor testified that himself |
and the other members of his family |
had been annoyed and kept in a nervous |
state during the night by the bringing
on to his veranda of a large circular