Middlebury register. (Middlebury, Vt.) 1886-1937, 1913-06-13

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life, but little more than three years
ago Mr.. Tinkham came to Granville and
fitted up a home. The wife, however,
refused to come to Granville then and
never has come since. SO this petition
was brought on the ground of desertion
Credtable witnesses testified that Mr.
Tinkham had made fine home in Gran
vile for his wife, that he was a man of
good habits and good reputation, and
that there had never been any trouble
between the parties. The decision Of
the court in this case was not an
nounced. Wallace Batchelder of Bethel
was the attorney for the petitioner and
no defense was offered in behalf of the
wife.
After the divorce case was got out of
the way Tuesday afternoon another
civil jury case was put in motion. This
was the case Of Norman s. Foote VS.
the Keewaydin Camp company. Mr..
Sturtevant appeared for the plaintiff
and Mr.. Donoway for the defendants.
1t was claimed in behalf of the plaintiff
that in the fall of 1909 he was employed
by the defendant company to procure
/ them lease of certain property on the
southeastern shore of Lake Dunmore
for use as a boys camp, and also to
secure for the company an option for
the purchase Of the property, and he
| brought suit to recover a balance Of S94
for these and other services, which con-
tinued, he claimed, until late in the
summer of 1911. The regular jury
panel was exhausted and three talismen
We're called from the court room Only
one of these was accepted Merrill o.
Field of West Cornwall.
Plaintiff Foote was on the stand as
the first witness all the afternoon and
for an hour Wednesday forenoon, the
taking of testimony for the defense
being begun at 10 o'clock The chief
witness for the Keewaydin company
was A. T. Gregg Clark of Washington,
Conn, president of the company, whose
offices are in New York city. Mr.
Clark in effect denied all the claims Mr..
/ Foote had made and claimed that his
company had paid the plaintiff all that
they had agreed to pay, except that in
the event of the original option with
which Mr.. Foote was concerned being
exercised by the company they stood
willing to pay him an additional $50,
but that this matter had nothing to do
with the case on trial.
The testimony for the defense was
completed at 80 O'Clock and Lawyer
Sturtevant took up the rest of the
forenoon session in the opening plea to
the jury for the plaintiff. Lawyer f.
S. Marsh of Brandon, who was an in
terested party in the negotiations for
the purchase of the property and who
had been assisting Mr.. Donoway for the
defense, made brief plea for his side
in the afternoon, the court again com
ing in at 80 o'clock. Judge Donoway
made strong plea to close the case for
his clients, taking up half an hour, and
/ MI DAul ltN ant WOulNl up AOI llit Dldlll-
tiff in an excellent plea of 10 minutes.
Judge Taylor's instructions to the jury
occupied three-quarters of an hour and
they were sent out to consider the case
at $3.50 O'Clock, W. Henry Dean of
Ferrisburg having been appointed their
foreman.
Following the afternoon recess the
third jury trial was got under way at
$3.50 O. clock. This case was that of
Peter Duffany VS. Frank f. Foote, and
grew out of some transactions in the
purchase and sale of hay last fall and
winter.
In the Foote- Keewadin case the Jury
came in at $40 O'Clock Wednesday
evening and brought in a verdict in
favor of the plaintiff, that he should re-
cover $50 dollar damages and his costs,
so that Mr.. Foote had the unusual ex-
perience of getting two favorable YER
diets from juries in the same court on
the same day.