Middlebury register. (Middlebury, Vt.) 1886-1937, 1913-01-10

man who knew what he wanted and in
tended to have it, at the times when
the documents were executed.
Mr.. Blake of Gardner, Mass, fol-
lowed with the opening plea for the
contestants. He called to the attention
of the jury the various peculiar changes
in the documents claimed by Mr.. Law
renee to be evidences of sound mind
in the testator and maintained just as
.stoutly that they were evidences exactly
to the contrary. He pointed out also
the various odd and peculiar actions and
talks testified to by the as odd wit
nesses for the contestants and argued
from these, taken in connection with
the testimony of the experts, Drs.
Berry and Shirres. that Mr.. Smith was
insane beyond doubt when the wills
were made. Mr.. Blake argued in con-
clusion that the fact that out of a
property of 1920, 900, (Which the estate
is now understood to figure up) the
testator had willed to his native town
and to his last surviving relatives only
the sum of about $500, was further and
undoubted evidence of insanity.
Mr.. Blake was followed on the same
side by Mr.. Simonds of st. Johnsbury,
who made strong plea for the contests,
covering the same general ground as
that gone over by his predecessor.
Mr. Stickney of Bethel began the
closing plea for the proponents at
the conclusion of Mr.. Simonds' argu-
ment but had hardly more than got
started when the hour of adjournment
arrived and a recess was taken to
Thursday morning. At that time Mr..
Stickney resumed his address and con-
tinued his argument through the whole
of the forenoon session, which was ex-
tended half an hour in order to give him
a chance to conclude, which he did at
80 O'Clock.
Judge Miles began his charge to the
jury at the opening of the afternoon
session and gave them a clear and
thorough exposition OF the law as bear
ing upon the evidence introduced into
the case, and the case was given to the
jury at 3:15 o'clock. The jury which
has this important case in hand is COM
posed of the following: Thomas F.
Sprague of Waltham, Mark H. Hill of
Starksboro, F. l.. Needham of Whiting,
l.. P. Needham of Orwell, L. C. Per-
kins of Weybridge, Richard N. Warner
and Sidney H. Deming of Addison, Ar
thur D. Parkill and Carson Fisher of
Cornwall, Henry L. Broughton of Bird
port, William S. Stowe of New Haven
and Clinton P Boynton of Ripton. Mr..
Stowe of New Haven was appointed
their foremen.
Al Il o'clock Thursday forenoon the
court excused all of the jurors not en-
gagged on the will case until 9 o'clock
next Tuesday morning, when they are
to return to court unless notified by
CLERK Wainwright of a further adjourn
ment. The occasion of this action,
Judge Miles said, was the illness of
States Attorney futile.
After the jury retired Judge Miles
announced that the court would be
ready to take up court cases at 9
a'clock this morning and a recess was
taken to that time, subject to call
from the jury for further instructions
or to announce their agreement upon a
verdict.
When the court comes back to work
next week the first case to come on fol
trial will be that of State VS. Louis Pur-
ington of Starksboro, charged with
murder in the second degree. Purin
ton, with some of his witnesses, ha.
been in town during the week awaiting
his turn.
The jury in the will case did moi
bring in any verdict last night, although
Judge Miles had notified them that the
court would hold themselves in readi
ness to come in and receive verdict a
any time up to 8 O. o'clock.