Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-02-25
UNITED STATES COURT.
IN Opening rcrm, judge Hand Pass
Tribntc 90 judge MurtiM.


The February :orri o! United StnteJ
court opened at the federal court room
In this city TUESDAY will, the prospect
Of some busy sessions There are about
six law cases 10 he heard and the grand
jury has Il vast amount Of business 20
consider, which viii probably keep .ha.
body busy for n week as neatly one
hundred witnesses have been subpoenacL.
y number Of out of tow attorneys were
on hand when court opened, including
District Attorney Alexander Dunnctt OF
St. ~Johnsbury. Robert G.. Bacon of Brat
tleboro. William Odlin Of Boston. War
rem L. Austin of st. Adams, Joseph c.
Jones Of Rutland and Jchn " Red mond
of Newport.
Court was formally opened With the
proclamation by Deputy Marshal Thomas
Reeves. Judge Augustus y. Hand Of
Now York, who presides. before taking
his seat, stated that he could not refrain
from speaking of the death Of Judge
James l.. Martin. with whom he was
associated in New York during the
month of December last. He said that
Judge Martin was a man admired and
loved by his associates for his kindly
and benevolent disposition. and that he
N'bH S'NOINl W HDlc IN the second
judicial circuit in his ability as Judge.
Judge Martin arose to crninence in the
good old fashioned way, first as a law
yer of much experience in trying cases.
then as states attorney and district at
torney' then being made a judge OF the
second circuit. His associates on the
bench were happy in the possession of his
acquaintance. Judge Hand added that he
VighnJ tI.u. ca. --,,l- 1T
porated in the minutes of the court and
that a copy be sent TO the family.
The grand jury was called and all the
members were found to he present. Tho
court in giving them their Instructions
stated that he was glad to get back to
the homeland again, for he was a native
Of Essex county. New York State. and
his forefathers had been Vermonters The
farm of his Observation-Disclosures WAS
located in the town of Shoreham, whore
it was bought in 1871, and was still in
possession of the family. The instructions
We're brief, and included the suggestion
that If the district attorney presented
any evidence against a man on the sub
iect of embezzlement. the fact that the
man had made restitution was not 10 be
considered. George Buzzell was designated
as foreman. The grand Jury then re-
tired.
1t was aScertained when the pe;dt
jury was called that all were present.
II. w. Marvin Of Alburg was excused
All of the cases set for trial viii not
hc heard, as a reading of the docket
showed. Those that were actually mark
cd for trial We're; G. :. Palmer VS..
William Odlin, William II. Clark. Dora
y (11lirn lAf,,la nt- a.1 Soul. i
trustee; Edison Holden VS.. town of
Lunenburg; John s. Mills vs.. town OF
Richmond; Itscanaba Manuracturing
company VS.. MIissisquoi Lumber company.
and Richford Lumber company. trustee,
(made special assignment for Monday.
1t was announced that a reference would
be asked in the ease of Frank w. Smith
VS.. Vermont Marblo company. and the
case was passed for the day. In the
case Of Emil Saart VS.. E. K. Fletcher
judgment was entered for the plaintiff
to recover 81 and costs as per STIMULATION
on nile, John w. Redmond asked that his
name in the case of United States VS..
Central Nermon Railway company be
entered for the defendant IN place of c.
w. Writer'S, deceased.
Levi p. Smith OF burlington was
formally admitted to practice in the
federal courts.
Tuesday afternoon ana evening
the federal court was engaged in hear
ing the case Of c, $. Palmer VS.. Will
liam II. Clark, William Odlin and Dora
Odlin, defendants, and Saylcs Nichols.
trustee. This case IN one of the off,
springs of Tho litigation over the will Of
Harriet c. Peck OF Burlington, which
has occupied abcu, seven years in the
State courts. Tho suit OF palmor 20.
Odlin ct ais, is an action t. recover at
torney teea TO about $500 incurred when
Judge Palmer wa acting as ccurae in
th9 litigation In the State cacrta. The
case 10 also one which was removed
from the State Cor"s, The action was
set for tv!ai by jury at the present torn
OF feder. co-rt, hat It YVES final" de-
c,ded to tea Il before the Iudgc. The
defendants in tho action arc anruitants
Under the Harriet c. Peck Will. Sayies
Nichols, the trustee mentioned. has since
deceased. Judge Palmer appeared Tor
himself and was also represented by
Sherman r. Moul,on. The defence was
represented by Robert c. Bacon Of Brat
tlelorc.