Middlebury register. (Middlebury, Vt.) 1886-1937, 1915-12-10
ADDISON COUNTY COURT.
Judge Slack Presides. Or. Bisbee e
Brought From Windsor in
Suit for Damaues


The December term of court for Ad-
Olson county convened at the court
house in Middlebury shortly after 10
O'Clock Tuesday morning with Hon.
Leighton P. Slack of St. Johnsbury as
chief judge, Hons. Henry E. Day of
Ripton and Wilbur E. Hanks of Bristol,
assistant judges.
Rev. A. A. Lancaster, pastor of
the Middlebury Congregational church,
offered prayer, after which Sheriff Olin
A. Smith made the customary procla-
nation for the opening of the County
court and court of Chancery. The
dockets with the exception of the chan
cery docket and the criminal calendar
were then called over.
In the case of Louisa Thompson, ap-
pellant, VS.. Solon Burroughs, admins
traitor, an appeal from the commission
ers, motion was made for judgment
for the defendant, which was granted
and the case ordered certified back to
the probate court of the New Haven
district. In the suit of Hazel l.. Mar
celia VS.. Louis A. Muller, an entry of
discontinued was made by agreement
at the afternoon session. In the case
docketed In re Will of Vienna M. Read,
Caroline Read Tracy, contestant and
appellant, the case was certified back
to the probate court, New Haven dis
trict.
On the general civil docket these
cases were marked settled and discon-
tinued. Ernest Crowningshield vs.
Walter E. Clark; Lake Dunmore Power
and Traction Company VS.. the Lombard
Governor Company and trustee; E. E.
Wright vs.. Joseph Lorraine; Lewis
Begor VS.. Catherine Begor, administra-
tor; Miriam d. Lawrence, guardian of
Miriam S. Lawrence VS.. William N. Nc
Gee and Thomas F. Halpin vs.. John j.
Halpin.
The case of Martha M Comstock VS..
Orvis II. Comstock, in which there was
a partial adjudication at the last June
term. was discontinued
In the afternoon the Special Grand
! Jury was called and every man of the
eighteen was present to answer to his
name. Adson S. Farnham of Shoreham
was appointed foreman, after which
Judge Slack gave them the usual in
strtctions as to their duties and the
meaning of their oath. MIR. Farnham
asked to be excused from serving as
foreman on account of his age. The
court accordingly excused him and in
his place appointed Fred M. Foote of
Middebury. George S. Farr of Bristol
was sworn in as officer in charge.
The first jury rial of the term was
started Wednesday aftereoon, Cyrus
| Curray's administrator VS.. Don A. Bis
bee. This suit was brought to recover
81, 600 damages from the defendant for
causing the death of Cyrus Curray on
November 2, 1914. at Bristol. At the
December term year ago DR.. Bisbee
was convicted of manslaughter for hav-
ing caused the death of Curray by sell
ing him wood alcohol under the guise of
Cologne spirits. He left a father and
mother, in whose behalf the present
suit was instituted The father has
since died, leaving the aged mother the
only plaintiff. DR.. Bisbee was brought
to Middlebury from the State prison at
/ Windsor on the noon train Wednesday,
since which time he has been in charge
of Deputy Sheriff N. j. Sanford at the
county Jail.
Charles I. Button of Middlebury rep
resents the plaintiff and S. R. Moulton
of Burlington the defendant.
A jury was made up as follows: S.
Ezra Smith of Addison, John S. Dukett
and Edward Nichols of Bridport, Daniel
W. Smith of Ripton, Benjamin R. Field
of Cornwall, Charles j. Spauldipg of
Panton, C. E. Shores of Middebury, A.
d. Beach of Salisbury, Henry Church
of Shoreham, Will Sem of Whiting, P.
w. Otis of Waltham and Benjamin O.
Wales of Weybridge.
The rest of the afternoon session was
taken up with the testimony of DR.. B.
H. Stone and Dr.. l.. M. Bingham of
Burlington, who made the autopsy on
Curray, DR.. H. l.. Williamson of Bris-
tol, who was called to attend him in his
fatal illness, and w. F. Cove, the ad-
ministrator.
DR.. Bisbee was put upon the stand
Thursday morning. He admitted that
on Ottober 81, 1914, the deceased Cur
ray waited upon himself in the defend
ants store and told him that he had got
a pint of 1.-The white" for which he
paid 60 cents. The doctor supposed
it was Cologne spirits which he had pur
chased from John l.. Thompson's Sons
company. Troy, N. Y.
Considerable testimony taken in the
manslaughter case was read to the jury.
including that of DR.. Whitney of Bur-
lington and Mrs. Mary Curray, the
mother of Cyrus Curray.
The case was proceeded with this
forer oon and the testimony was com
pleted at 1922 O'Clock. Arguments
were made by Mr.. Button for the plain
tiff and Mr.. Moulton for the defendant.
The case will probably go to the jury by
the middle of the afternoon.
The grand jury made their report at
II rs O'Clock and their findings were
not divulged. They were not dis
charged, but were excused subject to
call.