Middlebury register. (Middlebury, Vt.) 1886-1937, 1912-06-14
ADDISON COUNTY COURT.
Several Cases of Importance Dis
posed OF During Week.


The case of Arthur j. Blackmer VS.
William Tisdale and Charles E. McCabe,
which was started in the county court
Thursday afternoon of last week was
brought to climax Saturday afternoon
at 4 80 o'clock. This case arose out of
an automobile trip taken in Mr.. Black
mer's auto during the last Addison
county fair, in which Mr.. Blackmer's
chauffeur, William ]. Smith, acted as
the guiding spirit of the party. The
party went from Middlehury to Crown
Point. N. Y. and after their return to
the Vermont side the machine broke
down in Bridport and Mr.. Blackmer
brought suit to recover for damages
occasioned to the auto on that trip.
There was large amount of conflict
ing evidence, the main question being
the liability of defendants Tisdale and
McCabe. The arguments to the court
were made Saturday forenoon by Judge
Charles l. Button of Middlebury for
Mr.. Blackmer and by James B. Dono-
way of Middlebury for the defendants.
Judge Fish gave the case to the jury
at II 80 o'clock in the forenoon, in a
half hours charge. This closed the
proceedings of the court for the fore
noon, after which the court remained
in session until 4:30 o'clock in the after
noon, with no other business on hand
except to receive the verdict of the
jury in this case. At 2;3O O'Clock the
jurors came in and William Sargent of
Lincoln, who had been appointed fore
man, announced that the jury had not
agreed and that they wanted to know
what would be the result if the costs
exceeded the damages. Judge Fish
very properly told them that they had
nothing to do with the costs, which
was matter belonging to the court
alone, and sent them back again.
They were only gone twenty minutes
the second time when they came in at
2:40 o'clock with another announcement
that they were unable to agree.
Judge Fish sent them back to try it
over once more and at a 80 o'clock the
jury returned with verdict in favor of
Plai2tiff Blackmer to recover $25 dam
ages from each of the defendants and
his costs. Court was then adjourned
until two o'clock Monday afternoon.
1t is understood the case will be ap-
pealed.
The work of the the term was re-
sumed at 2 o'clock Monday afternoon
and at the start the case of Elmer B.
Wolcott VS.. Emma V. VAIL appellant,
was set at the heel of the docket, at
the request of Lawyer A. w. Dickens
for the plaintiff and with the acqui-
escence of Mr.. Donoway for the de-
fence.
Then States Attorney Tuttle called
up the case of the State VS.. John
Daniels, formerly of Bristol, who was
charged on information with having en-
bezzled the sum of $97 from the National
! Life Insurance company of Montpelier,
for which company he was acting as a
collector, in December last. The re-
spondent was arraigned in court and
pleaded guilty to the information. 1t
appeared from statements made in his
behalf, that Daniels had made full res
titution to the insurance company, and
taking the fact into consideration Wal
lace w. Ryder of Bristol, acting as his
attorney, asked for leniency, and light
sentence. The states attorney Sec
onded this recommendation, and the
sentence of the court was that the re-