Middlebury register. (Middlebury, Vt.) 1886-1937, 1911-12-08
COUNTY COURT


administrator, VS. Willium Field, APP
pellant, Bernice E. Stevens VS. The
Forepaugh and Sells Brothers Show
company, and Elmer Sherman, APP
pellant VS. A. H. HER.
The forenoon session of court lasted
only until 11:15 o'clock and at the open
ing of the afternoon session at two
o'clock the petit jurors were called and
sworn and all responded to their names,
Judge Butler gave them the usual in
struction in regard to their duties, es-
pecially cautioning them about cases to
come into court, and then excused them
until o'clock Wednesday morning.
After the jurors had been excused in
the afternoon various small matters
were taken up and given brief atten-
ton. 1t was finally settled that two
cases should be set for the same time,
at 9 O'Clock Wednesday morning, and
the parties instructed to get their peo-
pie ready to go to the jury. These
cases are entitled John Early VS. Harry
Thomas, appellant, and James Tulley,
appellant, VS. Martin Young.
The Tulley against Young case was
the first one to get started and it took
up practically all of the day Wednes-
day. Both parties live in the town of
Weybridge and Mr.. Tulley sued to re-
cover four months wages of his minor
son, James Tulley, jr. 1t was shown in
court that previous to his sixteenth year
and subsequently thereto, up to his
twentieth year, young Tulley had been
in the employ of several different
farmers and had been allowed to collect
his wages from all of them, until he be-
gan to work for Young. The defence
claimed that the young man had been
emancipated by the actions of his father
and the jury took that view of the case,
as they were out only about Is
minutes Wednesday afternoon and at
o clock came in with verdict for the
defendant, that he should recover his
costs. Leroy c. Russell of Middlebury
represented the plaintiff and James B.
Donoway of Middlebury was the attor-
ney for Mr.. Young.
1t was announced Wednesday morn
ing that the two big cases of H. C.
Potter VS. |. N Chase and the Columbus
Smith will case had been assigned for
Tuesday, January 2, next, and that if
another judge can be found without
court engagements at that date, so as
to take up the case and relieve Judge
| Butler, the famous horse case will come
up for trial on that day. Otherwise,
the will case will have the right of way
At the opening of court Thursday
morning it was announced that the case
OF w. II. Nickerson VS. William Charlton
had been settled since it was set for
trial and it was accordingly entered as
settled and discontinued
The second jury trial of the term was
got promptly started yesterday morn
ing and will take up most of the time of
the court for the restof the week, The
case is William S. Birkett and Jennie
Booth VS. Frank Merrill. The plaintiffs
belong in Ferrisburg and the defendent
lives in New Haven. 1t is claimed for
the plaintiffs that the defendant made
false warranty of the pedigree of live
stock. Frank L. Fish of Vergennes is
conducting the case for the plaintiff
and the defence is represented by Frank
w. Tuttle of Vergennes and J. G.
Page of Bristol.
There is only one prisoner in Jail await
ing the action of the court, but there are
about dozen yet on bail whose cases
will probably be disposed of during the
term.