Middlebury register. (Middlebury, Vt.) 1886-1937, 1911-12-15
ADDISON COUNTY COURT.
Cons iderable Business Trans
acted Durinq the Week,

The trial of William S. Birkett and
Jennie Booth VS. Frank Merrill had jus t
been got under way in the County court
when our report closed last week, with
Frank L. Fish of Vergennes represent
ing the plaintiffs and j. G. Page of
Bristol and Frank w. Tuttle Of YER
gennes representing the defence. This
case was an action for damages for
false warranty in the pedigree of an
animal and has already been sufficiently
detailed. The case was given to the
jury in brief charge in the middle of
the Afternoon Friday and the same
evening the jury returned a verdict
in favor of the plaintiffs, giving
them all they asked, which was
1888 &C 2-3 damages, and their costs. 1t
is understood that the case will be ap-
pealed to the Supreme court. George
Wait of Shoreham was foreman of the
jury.
AS soon as this case had gone to the
jury the third trial of the term was
started and it took considerable time
to secure jury as the case was con-
sidered of more than ordinary i'm
portance in regard to the law-points in
volved and the facts to which they
were applied. The case was entitled
George Demo VS. Antoine Duffany and
was an action in trespass to get DANA
f,, oil I,4
committed by the defendant upon the
plaintiff at Richville, in the town of
Shoreham, on the third day of July last.
Both parties live in Richville, and they
are brothers-in-law. Previous to the
Both of the preceding June they had
been friendly to each other and quite
chummy, but on that day split seems to
have been made between them, growing
out it was claimed, of neighborhood gos
sip among and concerning the women of
the families and some others. Ira H.
La Fleur of Middlebury was counsel for
Mr.. Demo and Mr. Fish of Vergennes
appeared for the defence.
AS testified to by the many witnessed
on both sides the facts of Importance in
the case were briefly as follows: On
June 3Oth the Demos went to Duffany's
home and they had pleasant visit at
first, including the drinking of some
thing from a bottle, which Demo had in
his possession. Later the two men got
into a wordy alteration and upon TAX
ing his leave Demo said that he would
split Duffany's head open. Three days
later the parties met again at the resi-
dence of Frank Sheldon in Richvile,
Dutfany being there first. The plaintiff
patted the defendant on the knee and
shoulder, and at the same time making
peace offering in the shape of a cigar,
which Duffany declined. Later, while
Demo was sitting on a chair on the
Sheldon veranda, Duffany suddenly
picked up chair and struck him on the
head with it while Demo was in the act
of lighting his pipe. Demo was felled to
the floor and was dazed for a time, and
had a cash of several inches cut in head.
The plaintiff claimed that he was dis
abled for work for 26 days in conse-
Guence of this assault and asked for $50
damages for loss of time and SO for
melical attendance In addition to these
actual damages he asked for such
primitive damages as the jury might
see fit to award. Duffany, for the de-
u
claimed that it was made in self de-
fence and also that he had been pro-
voked by vile epithet applied to him
by Demo. On the other hand Demo as
serted that the epithet was not hurled
at the defendant until he was leaving
the place after the assault. Demo
claims to be still suffering at times and
to be subject to headaches and dizzy