Middlebury register. (Middlebury, Vt.) 1886-1937, 1913-12-05
COUNTY COURT.
Continued from Page y

was alleged, stated to come to trial on
Wednesday morning.
When the court came in Wednesday
morning it was announced by counsel
that this case had been settled over
night and it was accordingly entered
and discontinued. This left the court
with nothing ready to begin on and after
ten minutes recess was taken until
1890 in the expectation that the
second case set would be ready to come
on but that hope proved fruitless and
nothing further vas done at the morn
ing session.
At the afternoon session the first
trial of the term was got started and a
jury was empanelled in very short order,
twelve of the first thirteen men called
into the box being accepted, the odd
man being excused for too much pre-
vious knowledge of the facts. The
case was Fred Begor VS. James B.
Tulley, appellant, case in trespass,
in which the plaintiff sought to recover
whatever the jury would give him for
the loss of his household furniture,
clothing and provisions, in the burning
of a tenement house in Weybridge,
occupied by the plaintiff and owned by
the defendant, on the 18th of February,
1912. Begor had been doing some work
for Tulley and also claimed a small
balance due as wages.
The fire occurred after the plaintiff
and his family. comprising a wife and
five children, had been away from the.
house for several weeks and had in fact
moved from Weybridge into Middle
bury. The oldest of the five children is
nearly Is years old.
The direct testimony for the plaintiff
was got in before the adjournment
Wednesday evening and Thursday fore
noon the defendant had his innings.
The testimony for both sides was
closed at II O'Clock and after a brief
recess Mr.. Sturtevant started his open
ing argument for the plaintiff and used
up all of the rest of the morning ses-
sion.
James B. Donoway of Middlebury
followed for the defense and Mr..
Sturtevant closed the argument after
dinner, the court coming in half an hour
earlier than usual Judge Waterman
gave the case to the Jury in ten-min-
ute charge and at two O. clock they re-
tired to consider their verdict, Charles
S. Dana of New Haven being appointed
their foreman.
AS soon as this case was got to the
jury another trial was got under way.
This is the case of C. A. Burnham VS..
the Rutland Railroad Company in which
the plaintiff, who is the proprietor of the
Bristol House in Bristol, seeks to re-
cover damages for the loss of pair of
horses, which were killed by train of
the defendant company at New Haven
junction in March last, the wagon and
harness being totally ruined on the
same occasion. The taking of testi-
mony was promptly begun and the case
is likely to last for the rest of the week.
Charles |. Button of Middlebury, and H.
b. Shaw of Burlington represent the
plaintiff and Edwin w. Lawrence of
Rutland and James B. Donoway of
Middlebury are counsel for the railroad
company.
At :35 o'clock the jury in the Begor-
Tulley case came in with verdict to the
effect that the defendant Tulley was not
guilty of the trepass alleged and that he
recover the costs.
The present prospects. are that the
term will not last over three weeks
longer.
There are only three prisoners in the
county Jail waiting to plead to inform
alton filed against them by States
Attorney futile, and all for small
offences.
Sheriff Smith has been kept out of
court since Tuesday with bilious attack
but is now much improved.
At O'Clock yesterday afternoon a
recess was taken until 9 o'clock this
morning to give the court jurors and
one lawyer on each side in the railroad
case an opportunity to go by train to
New Haven Junction to look over the
scene of the accident