Middlebury register. (Middlebury, Vt.) 1886-1937, 1911-06-23
COUNTY COURT.

a
ages done to himself, his property,
his feelings and his family during a
Fourth of July celebration at Hancock
two years ago, was on trial when our
report closed last week. The testi-
mony was all got in at the adjourn
ment of court Thursday night and the
greater part of Friday was taken up
with the pleas to the jury, the counsel
taking up from an hour to an hour and
half apiece.
Leroy C. Russell of Middebury led
off for the plaintiff and was followed by
James B. Donoway of Middlebury for
the defendant. Following Mr.. Dono-
way, Thomas w. Maloney of Rutland
made the closing plea for the defense
and after him Frank L. Fish of YER
gennes wound up the argument for DR..
Richardson. The addresses to the jury
were all strong and excellent efforts
end worthy of the Importance of the
case which had taken up nearly week
of the time of the court.
In charge of about three quarters
of an hours duration Judge Waterman
gave the case to the jury at 3:15 O'Clock
Friday afternoon and he appointed
Henry ]. Hyde of Salisbury their fore
man, under a new law passed at the
last session of the Legislature, the for
mer custom having been for petit juries
to elect their own foreman. At 5:45
o'clock the judges were summoned
back to court by the ringing of the bell
and the jury at once reported verdict.
1t was that they found the defendants
guilty of the trespass alleged and for
the plaintiff to recover one dollar dam
ages and his costs. Although this
verdict was nominally in favor of the
plaintiff it was virtually verdict for
the defense, yet it is probable that an
appeal will be taken to the Supreme
Court.
Friday noon all the jurors not en-
gagged on the Richardson panel were
excused until 2 O'Clock Monday after
noon and at II o'clock Saturday fore
noon the court took recess until that
time, no work being done in open court
on Saturday.
A continuance had been entered on
Friday in the suit for $4,000 damages
of H. C. Potter of Middlebury against
l. N. Chase of Brandon, growing out
of the loss of the stallion "Krempest,
which had to be killed in consequence of
injuries received while being cared for
at Mr.. Chase's place in Brandon, about
four years ago. This case would have
taken not less than week to try, so
that the time of the term is shortened
by that much by its continuance.
L. n. Kellogg VS. G. n. Baldwin, APP
pellant, was the first case standing for
trial when court reconvened Monday
afternoon, and it was got started a
little after three o'clock, conferences
looking to a settlement having pro-
duced no results. G. w. Page of Bur-
lington, coached by his father, j. W..
Page of that city, was the plaintiff 5
attorney and the defense was repre-
scented by John J. Enright of Burling-
ton andlIra II. LaFleur of Middlebury.
The case grew out of dealings, in grain
between the parties three years ago
last spring. Plaintiff Kellogg of North
Ferrisburgh suing to recover a balance
of S74 80 on book account from De-
! Dol hA
store at Monkton Ridge. The defend
ant claimed that the plaintiff owed him
a balance of $50. SO in consequence of
having failed to deliver five tons of
grain which plaintiff had sold him and
on which he had paid in advance $l25.
Mr.. Kellogg claimed that he had not
agreed to deliver five tons, as he was
not sure he could furnish so much, but
that he did deliver nearly four tons,
for which he had charged the defend
ant Sill, at the rate of $2775 per ton.
This was practically the only item in
dispute in their book accounts.
The evidence was closed early in the
afternoon session of Tuesday and after
able arguments by counsel for both
sides, Judge Waterman gave the case
to the jury at sos O'Clock.
The jury did not come into court until
the opening of the session Wednesday
morning, when they reported verdict
in favor of the defendent to recover the
sum of SAT. 80, including interest, and
his costs. Dennis j. McCauley of Shore
ham was appointed foreman of this jury.
This was young Lawyer Pages first
trial in the county court and although
he lost his case he certainly made a
creditable showing and good impress
sion.
Another jury trial was started with
out delay Wednesday morning. The
case was Horace Hasseltine VS. Alfred