Middlebury register. (Middlebury, Vt.) 1886-1937, 1914-06-05
COUNTY COURT.

village at lO:lO o CLOCK tuesday fore
noon, with Hon. Zed S. Stanton of Rox-
bury presiding judge. The other Off
GERS of the court are Hon. Henry E.
Day of Ripton and Hon. Wilbur E.
Hanks of Bristol, assistant judges. The
opening prayer was made by Rev. Rich
ard B. Esten, pastor of the Memorial
Baptist church, after which Sheriff
Smith made the proclamations for the
opening of the county court and the
court of chancery. The dockets were
then called and the cases on the jury
and court calendar marked.
The morning session lasted exactly so
minutes and at II o'clock, after the
completion of the calling of the dockets,
a recess was taken until 2 o'clock p. m.
AT the opening of the afternoon ses-
sion the panel of petit jurors was called
and the oath administered. The Jurors
were not very prompt in putting in their
appearance in coufl and Judge Stanton
had to wait for some time before he
was able to give the jurors their GUS
tomary Instructions The address of
Judge Stanton was a very strong one.
There were no cases ready to be tried
during the afternoon and there was con-
siderable unnecessary delay from the
fact that some of the attorneys engaged
in cases had to be hunted up, and at
3:40 o clock recess was taken until 9
O'Clock Wednesday morning with the
case of Henry and Thomas Calvin VS..
Guy Wooster, appellant, set for trial as
the first case and with the promise of
the attorneys on both sides that it would
be ready for trial when the court opened
in the morning, if not previously
settled.
There were only a few out-of-town
attorneys present at the opening of
court, as several who had cases here
were engaged in Courts in other coun-
ties. Those who We're here were
Thomas W, Moloney and Edwin Law
renee of Rutland, V. A. Bullard and j.
E. Cushman of Burlington, julius A.
Wilcox and Homer L. Skeels of Ludlow,
Jasper G. Page of Bristol, Frank W.
Tuttle of Vergennes, Z. G. Hunt of
New Haven and Frank A. Parker of
Whiting.
Wednesday morning the first trial of
the term was got started shortly after
O clock, as jury was quickly drawn.
The case was that of the Calvin Bros.
against Wooster, heretofore noted.
James B. Donoway of Middlebury had
charge of the case for the plaintiffs and
Ira H. LaFleur of Middlebury had
charge of the interests of the defendant.
Henry and Thomas Calvin are we'll
to-do farmers in Whiting. They claimed
that in the winter of 19l2-'l3 they pur-
chased from the defendant, who is a
farmer and speculator in Shoreham,
some hay which was guaranteed to be
of No, quality and paid 500 advance
money, and that when they came to eX-
anime the hay they found that only
about half of it was of the No. grade,
so that they refused to take the hay at
the price of Sl6. so per ton, which had
been agreed upon; and they brought
this suit to recover their S100 advance
with interest. For Defendant
Wooster it was claimed that the market
price of hay dropped materially in a
week or so after the trade was made
and that that was the reason why the |
plaintiffs refused to accept it. The |
hay, about 80 tons, was subsequently /
sold to Merrill Field of Cornwall for
s276
The testimony was all got in before |
the afternoon recess and after brief .
by Messis Donoway and f.
LaFleur for their respective sides,
Judge Stanton gave the case to the
ury in short charge at 4:50 o'clock.
The jury We're out only 10 minutes and
when they reported verdict it was to
he effect that there was mo cause of
lction." Pliny B. Norton of Addison
vas appointed foreman of this jury.
10 other matters were taken up during
Wednesday.
At the opening of the morning ses-
ion Thursday announcements were
made by the attorneys interested that
he cases of Putcha VS.. Carpenter and
thompson VS.. Harmon were in process
f settlement and that in any event,
7hether settled or not, there would be
o trial in either of them at this time,
nd it was also announced that by
greement of counsel the important
ase of Marcelle VS.. Muller, for breach
f ipromise of marriage, had been con-
inued to the December term.
At 10 O'Clock the second jury trial
'as begun and jury was got together