Middlebury register. (Middlebury, Vt.) 1886-1937, 1915-12-17
ADDISON COUNTY COURT.
Cyrus Currsy's Administrator
Awarded $3.50 DAMAGES in Bis
bee Suit-Jury in Foot te-
Moore Case Disagree.

were completed by 3 oclock Friday af
ternoon and Judge Slack gave the case
to the jury in charge of fifteen min
utes' length. Charles j. Spaulding of
Panton was appointed their foreman anC
they returned into court at 80 O'Clock
with verdict in favor of the plaintiff,
to recover $3.50 damages and costs. If
this verdict finally stands, two-tbirds OF
the amount will go to Mary Curray.
mother of the deceased Cyrus Curray,
and one-third to the estate of the de-
ceased David Curray, his father.
When this case had been given to the
jury the case of William Lathrop vs..
George Duclos ct al. was called. This
was case in trespass involving an al
legged assault. The plaintiff was not in
court to attend to his suit and judge
ment by default was given against him,
the defendants to recover their costs.
A jury was then drawn in the case of
the Town of Bristol VS.. the Bristol
Railroad Company, appellant, and trus-
tee, and the taking OF testimony was
begun on Friday morning. Robert W..
McCuen of Vergennes and James b.
Donoway of Middlebury were counsel
for the town and S. r. Moulton of Bur-
lington for the railroad company.
In this case it was claimed by the
plaintiff that the defendant company
was owing the town taxes on three sep
arate pieces of property located within
the town and comprising tenement, a
storehouse and a horsebarn, for the
years from 1910 to 1914, inclusive, and
amounting in all to $138. IS. Past and
present town officers were put on the
stand to prove that the taxes claimed
had been properly assessed and that the
company had been duly notified each
year but had never paid the assessment.
Most of the testimony for the plain
tiff town was got in by 11:30 o'clock
Saturday forenoon, at which time a re-
cess was taken until o'clock p. m. on
Monday
The testimony for both sides was COM
pleted Monday afternoon. Superinten-
dent DEMO and Engineer Laparl of the
railroad were the two most important
witnesses for the defense.
Court came in half an hour earlier
than usual Tuesday morning and the
case was ably argued to the jury by
Judge Donoway and Mr.. McCuen for
the plaintiff and by Mr.. Moulton for the
defendant. The court gave the case to
the jury in very brief charge at IL
O'Clock. At IL 80 o'clock the jury re-
turned into court with verdict in favor
of the town of Bristol and finding the
raill DAD liable for taxes on each of the
three pieces of property, as assessed.
The case of Frank H. LaVoice VS..
Henry Robbins, an action on a note, was
next called. The defendant and his
witnesses were not in court, having
I<la h. tIa l., ,t4
and the case went over to the afternoon
session. 1t was then found that the de-
fendant parties were still absent, and
the case was ordered continued on terms
as to the defendant. Button and Stur-
tevant for the plaintiff Donoway for
the defendant.
The Vermont Box Company VS.. Will
ber E. Hanks was the next case in order
The defendant is one of the assistant
judges of this court, and when on his
way from the court house to the Addi-
son house to dinner that noon Judge
Hanks slipped and fell on the sidwalk
and injured one leg so badly that he was
not able to return to court in the after
noon. Accordingly the case was left
open for the time being.
1t then appearing that there was no
case ready to be taken up, the jurors at
2:20 o'clock were excused until 9 o'clock
Wednesday morning.
At 10 O'Clock Wednesday morning the
third jury trial of the term was begun.
The case was Norman S. Foote VS.
George M. Moore, appellant. The
plaintiff is real estate agent in Middle
bury and had Ludlow lawyer, Julius
A. Wilcox, and the defendant is real
estate agent in Ludlow and mad a Mid.
dlebury lawyer, Leroy c. Russell. In
this suit the plaintiff claimed that ar
arrangement was made several years
ago between a number of real estate
dealers in Vermont and Massachusetts
under which a member of the combina-
tion who should send a customer from
his territory to an agent in another dis.
trict and the sale was effected, the
sending agent should be entitled to 9
proportion of the commission based or
various conditions of the sale. Mr.
Foote claimed an unpaid balance or
sales to customers whom he had sent tC
Mr. Moore under the agreement. Mr.
Moore claimed that he had settled ir
full with Mr.. FoOte.
Wednesday afternoon l.. B. Page OF
Lincoln came into court and pleaded
guilty to an information charging hin
with the illegal transportation of intoXi
eating liquor from Vergennes to Bris
tol. The court fined Page $500.
State VS. Harvey Siples was called VI
the same afternoon. Siples is resi-
dent of Bristol and the charge against
him was precisely the same as in the
Page case and the sentence was the
same.
In the Foote- Moore case Judge Slacl
gave the case to the jnry at l0:1t
O'Clock Thursday morning. The jur!
came back into court at II 20 O'Clock
with written request for further in
structions, and again retired. Afte
half an hour the jury again came int
court and reported that they were un
able to agee. and were again sent out.
When the Jurors went out on thi
case all the remaining jurors were dis
charged for the term, as all of the civi
jury cases had to over for one reason
Il 1 L