Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-02-15
SUPREME COURT HEARINGS
Franklin and Orange County Cases
Follow stearns vs.. Graham,

Montpelier, A'eb. Sin supreme court
this morning the Chittenden county case
Of ]. T. Stearns vs. II. r. Graham was
heard, arguments begun the day before
being completed. Acknowledgement J, G..
Sargent represented Mr. Graham. Argu.
ments were made in the Franklin county
case of Thomas Derosia against Peter
Ferland, c. G. Austin appearing for
Derosia and F. 8. Upper for defendant.
Recovery of wages Is the basis Of the
claim
The Franklin county case Of J. E
Fitzsimmons against r. '.ardson, Twigs
& Co.. scheduled for hearing. was con-
tinued on request Of C. G. Austin. and the
Franklin county case of Evangeline Nc
Arthur G. A Jarvis. William Younger
against f. W. Blondn and Mary f.
Chennette. injunction and writ Of seques.
tration). was brought up. c. G.. Austin
representing the plaintiffs and H. p. Dee
| the defendants The court ruled that
| the case could not be heard since there
had been no final decree in a lower court
from which an appeal might be taken and
the appeal is dismissed
! II. A. Hoar was assigned as counsel
for John Turley. whose case comes be-
| fore the court next term. Turley Is now
| at Waterbury. Hoar was his counsel In
the lower court.
| In the afternoon the Orange county
case Of William c. Sanborn. admir-. Of
Eunice Y. Comstock's estate, against Abe
Jacobs and trustees was argued, r. NJ.
Harvey and D. 8. Conant for Sanborn
and NJ. NJ. Gordon and J. w. Gordon for
Jacobs. This case arises from an alleged
transfer Of a bank book to Mr.. and Mrs.
Abe Jacobs by Eunice Y. Comstock. 1t
Is alleged the book was transferred to
them in consideration Of their agreement
to support Mrs. Comstock during her life
time and give her a Christian burial.
At the conclusion Of this case another
Orange county case was taken up. that
Of Emma l. Davis, by next friend.
against the Boston & Maine railroad. D.
s. Conant appeared for the plaintiff and
W. Il. C. Stckney anu ]. G. Sargent for
the railroad. This case was tried at the
June term. 1911. and the jury returned
verdict of 5000 and costs for the plain
tif for injuries alleged to have been sus-
tanned when plaintiff was run down by a
shunted car in the railroad yard at White
River Junction. The case comes up on
exceptions filed by the defendant.
W. B. c. Stickney opened the argu-
ment with an elaborate description Of the
yards and of the position Of the tracks
with reference to the station and other
points. He then read from evidence In
troduced at the trial In the lower court to
the effect that the plaintiff. young GIRL
was run down by the car while racing
the car and attempting to get over tho
crossing ahead Of It, Several witnesses
testified that there was brakeman on
top Of the car attempting to set the
brakes as the car was running along the
- siding under Its own momentum. AFTER
being shunted into the siding by loco
. motive This evidence tended to SHOW
=. that the girl saw the train and mat she
| testified TO that effect. The arguments
will be continued tomorrow.
WAS NATIVE OF wALLINGFORD.
O Rutland. Feb. s-Dr. " A Marshall.
8 brother of DR.. G. @. Marshall OF tnis
Il CITY and a native Of Wallingford. died
, last night after a weeks illness OF
v pneumonia at his home in Moriah. n.
v where he practiced medicine The
q remains will be brought to this city
:. tomorrow and taken to Wallingford Cor
:. burial. DR.. Marshall was about rs years
Il old. lie leaves besides DR.. q. G. Mar
= shall OF this city two other brothers.
# oscar N Marshall Of Springfield and
the Rev. Eaton Marshall OF southbrdge.
: Mass.
It MRS. EDWARD c. CROSBY DEAD.
> Brattleboro. Feb. 1l.-Mrs. Emma
Frances Crosby, aged sc years. wife
of Edward C. Crosby. proprietor OF the
r. Brooks House, died suddenly In her
Il apartments at the hotel at 546 this
If afternoon of heart failure complicated
Is with an attack OF pneumonia. Sho
It had been In poor health for nearly Il
v year. Mrs. Crosby was born in Cam
IL bridgeport January /. 1850. the daugh-
l. ter OF Cyrus w. and Charlotte (Bruce)
/. Wyman. and moved with her parents
Il to Brattleboro when seven years old
l. She was married to Edward c. Crosby
OF this place in August. 1858. OF their
IT eight children. four sons and two
10 daughters survive: Henry H. OF Brat
l. tieboro Allyn ]. and Thomas w. OF
d Springfield, Frank W. of New Orleans
s. Mrs. H. A. Bingham and Mrs. J. r
Brasor of Brattleboro.
70 Ben w. Hooper, first republican al