Middlebury register. (Middlebury, Vt.) 1886-1937, 1913-06-13
ADDISON COUNTY COURT.
N. s. Foote Awarded Two Judg-
ments-Other Business
Transacted.

previous Thursday afternoon, and the
business of the term was soon got
started in downright earnest, with the
result that things have been kept hum
ming right along all the week.
The first case taken up for considera-
tion was the docketed as In re will of
Columbus Smith, Anna M. Perry ct al,
contestants and appellants. This case
was brought up in chambers on a
motion filed by counsel for the propo-
nents to remove the case from the jury
calendar and set it for hearing by the
court. On the. first day of the term
this case was left open and there has
been some doubt as to it's retrial at
this term, but that doubt now seems to
have been removed. In the hearing
the proponents were represented by w.
b. c. Stickney and P. M. Meldon of
Rutland and the contestants by H. w.
Blake of Gardner, Mass. Messrs.
Stickney and Meldon argued that as the
case came up on an appeal from the
Probate Court it is properly probate
case and should be tried by the judges
sitting as a court of probate, without
the interpostion of jury. This prop
osition was stoutly opposed by Mr..
Blake and after half an hours discus
sion the court reserved decision.
1t will be remembered that this case
was tried by jury at the last December
term and that after it had taken up
two weeks in its consideration the re-
suit was hopeless disagreement. The
amount of property covered by the
disputed will is now understood to be in
the neighborhood of $3.50, 900.
In open court Monday afternoon
George Leno was arraigned on an
information charging him with hav-
ing had in his possession in March last
portions of the carcass of a deer killed
out of season and hence contrary to
law. The respond ent pleaded guilty
and Lawyer Ira H. LaFleur of Middle
bnry asked that leniency should be
shown him, as his father was at the
last term sent over for not less than
two years, and the young man is the
sole support of his mother. Sentence
was not passed and the case was re-
ferred to Probation Officer Olin A. |
Smith of Addison for investiga ton. |
Leno belongs in East Middlebury and |
says he is p years of age, but looks
quite little younger. States Attor-
ney Frank w. Tuttle of Vergennes had !
charge of the prosecution.
At 8 O. clock the first trial of the term
was got started The case was Norman
S. Foote VS. Bartholomew Mylott and |
wife. The defendants formerly lived in
Middlebury but are now residents of
Montreal. Plaintiff Foote is the former
well-known real estate agent of Middle
bury, now of st. Adams. and be brought
this suit to recover a commission of $50
claimed to be due him from the Mylotts
for arranging for the sale of their home
place in Middlebury in April, 1912.
According to Mr.. Foote the property
was placed in his hands for sale and he
was to have for his services all he
could get over $3.50. He secured a
purchaser at $l400, but then the de-
PENDANTS refused to sell, but the plain
tiff wanted his $50 just the same. The
defendants denied having made any
contract with the plaintiff in regard to
the sale of the place and whether they
did or not was the question that was up
to the jury. Allen R. Sturtevant of
represented the plaintiff
and James B. Donoway of Middlebury
for the defense. The case
was given to the jury by Judge Taylor
in brief charge at II AS o'clock Tues
day forenoon and George Z. Flint of
New Haven was appointed their fore
man.
This jury worked on the case all the
afternoon and did not re-appear in
court during the day. They also strug-
gled with the mysteries of the case
the night and finally came
into court at 9 O'Clock Wednesday
with peculiar verdict, or
rather two verdicts. The effects of the
whole was that Bartholomew Mylott
lid make the contract alleged with MIR.
Foote and that Mr.. Foote should re-
cover from Mr.. Mylott the sum of $50
and his costs, bat that Katherine My
ott, the wife and other defendant, did
lot enter into any such contract with
.he said Foote and that she should re-
,over her costs.
Court came in half an hour earlier
han usual Tuesday afternoon in order
% hear the divorce case of William A.
nnkhan VS. Minnie f. Tinkham. These
parties used to belong in Rochester,
his state, and were married in Middle
'ury in 1884. They have a married
laughter of 2S years and a son of 27
yaaro Thau haua l;x,a1 - D1.&o-