Middlebury register. (Middlebury, Vt.) 1886-1937, 1912-07-12
ADDISON COUNTY COURT.
Resumes Session After Short Re-
eess-Potter-C Case.

The work of the June term of the
Addison county court was resumed at
two o'clock Tuesday afternoon, after
recess since the afternoon of Wednes-
day, June 26, with Judge Zed S. STAN
ton of Roxbury again presiding, as
Judge Frank L. Fish of Vergennes was
disqualified for sitting in the first case
assigned for trial. This is the cele-
brated horse case of H. c. Potter vs..
/. N. Chase, in which Plaintiff Potter,
who is a we'll known resident of Middle
bury, sues Defendant Chase, who is the
proprietor of the Forest Park Stock
farm in Brandon, to recover $40,
damages for the loss of his stallion
Krempest at the defendants stock farm
in Brandon where the stallion was be-
ing kept and trained for speed, in the
fall of 1906, when the animal got out of
paddock and in some mysterious way
made its way into an adjoining barn,
the doors of which were supposed to be
closed and barred, and broke through a
frail flooring, falling eight feet to the
ground floor below and getting large
splinter stuck into his entrails and re-
ceiving such a wound as necessitated
the killing of the animal, and he was
shot the same night. The defendant,
Chase, disclaims all responsibility for
the accident, and the case was tried in
county court three years ago, resulting
in disagreement of the jury.
All the afternoon session Tuesday
was taken up in an effort to get jury
to try the case, and the regular panel
ting the necessary twelve men. Two
men were called from the court room,
but neither was accepted, large num-
Der of the jurors being excused from
the box in consequence of having formed
and expressed opinions in regard to the
merits of the case. Another panel of
six talesmen were summoned the same
night and out of these one was found
Wednesday morning, after nearly an
hours work, satisfactory to both sides,
thus completing the panel of twelve.
The taking of evidence was then begun
OF the plaintiffs side and was continued
all day, the court giving their permis-
sion to the jurors and others connected
with the court to appear largely en-
deshabille, in consequence of the ex-
| treme heat. The former trial lasted
ten days and this trial will undoubtedly
last as long. Mr.. Potter is represented
by James B. Donoway of Middlebury
and Thomas w. Maloney of Rutland
and the counsel for the defendant are
Charles |. Button of Middlebury and
Rufus E. Brown and V. A. Bullard OF
Burlington. When the jury in the case
had been enpaneled many of the remain
ing jurors We're excused so they coulc
go home and attend to their haying,
but subject to recall when wanted ir
court. One juryman was discharged
for the term because during the inter.
mission he had talked out of court
about the case which was expected tc
come to trial when the court reconvened.
The testimony on Wednesday related
chiefly to the way in which the accident
to Krempest happened and to his value
as sire and the quality of his colts.
Mr.. Potter took the stand late in the
afternoon as witness in his own be.
half and closed his direct testimony,
under the examination of Mr. Moloney
at $50 O'Clock Thursday morning, a,
which time the cross-examination was
taken up by Mr.. Brown; and Mr.. Pot
ter was thereafterward on the stanc
for the remainder of the forenoon anC
for the whole of the afternoon session
with only the customary recess taker
out
The case looks good for at leas
another week.