The Barre daily times. (Barre, Vt.) 1897-1959, 1917-11-07
WARN LAWYERS
TO BE READY
Supreme Court Has to Take
Recess Because of
No Business
WILL RESUME
THURSDAY MORNING
Case Was Argued Yesterday
With Only One Side
Represented

When Vermont supreme court assem-
: bled at Montpelier to-day for the secon
day of the November term there wer
but two attorneys in court, they bein
| Harry Writers and Il. H. Deavitt, an
when they had finished their argument
in a case there was no case ready 70
hearing and recess was taken To Q 81
Thursday morning. The clerk of th
court was told to advise the attorneys t.
be present to attend to their cases.
After the disposal of the case relativ,
to the will of G. N. Hayward of Bridpori
the court came to the cases set for Ben
nington county, the first of which Was
Tichnor Bros. vs.. Joseph Evans, contract
There was but one case left in that cotin
ty for argument, which carried the couri
to the end of the weeks schedule, the
docket having gone to pieces by the con
tinuing of all Rutland county cases not
otherwise disposed of to the special term
in Rutland that takes place in two
weeks. All of the Caledonia county eases
have been disposed OF excepting Dane vs.
| Bean, which has been ON the docket for
| o long time and in which there will be
no hearing. There is one Essex county
case set for hearing, which win probably
come up, This viii clean the docket up
| TO Windham county.
| A very interesting occurrence took
place during the afternoon session of
| the court Tuesday when q case was
argued with but one attorney present.
/ + nf ha1 al
phoned Clerk l.. G. Moody that he had
missed his train. The opposing attorney
stated that he was ready to 90 ahead
with the case and that he had been
placed in somewhat embarrassing posi-
tion in its preparation because certain
conditions which he expected to be met
We're not taken care of on the other side.
The court conferred upon the matter
and inquired as TO the departure of trains
from Middlebury as to whether Mr.
Donoway could have reached the after
noon session after which G. NJ. Page, the
opposing attorney, was told to 60 ahead
with his arguments.
This was the Addison county case of
FRA White VS.. Howard Tavern. This In
an action in tort, involving alleged tres
the court that the two men went hunt
ing on Sunday. They passed the day
in the woods going ON opposite sides of
a ridge and doubling back on their track
and that finally, having completed his
days hunting, the plaintiff sat down on
stonewall to wait for the defendant. IT
developed that the plaintiff was shot,
losing the sight of one eve. II was ar
gued that the defendant was negligent
because he knew from days stay with
his companion that he wore cap which
looked like gray squirrel aud that he
shot at the top of the cap thinking it |
was gray squirrel.
The findings of the lower court were |
unanimous as to the facts but as to the |
liability the assistant Judges relieved the !
ruled that the defendant was liable, and /
the case came to supreme court on ex
ceptions. In the morning motion for
an affirmed Judgment was offered but
this was lost in view of the non-appear
ance of Mr.. Donoway Completing his
Mr.. Page was given leave to
lie additional citations relative to the
negligence in the case and Mr.. Donoway
was written that he might file briefs if
le wanted to during the term.
This case was followed by the Addison
county case regarding the estate of
5harles n. Hayward. Emma G. Eldredge,
rustee, and Rose Lucia, Administrative
# the estate OF Joel Lucia of Montpelier,
rustee of a fund which Mr. Hayward
The history of the case dates
rom 1874, the death of Mr. Hayward oc- !,
urring then 1t is relative to the allow
ng of the account of Joel Iucia. as filed q
" Miss Lucia, for $4,000 disallowed in
robate court.
A. H. Cote Released on Bail a
A. H. Cote was released from Wash I
lgton county jail Tuesday afternoon,
all of 81 500 having been furnished by !
i. A. Whitcomb and T.. S. Meigs of a
Iontpeier for his appearance at such a
me as the supreme court may want his +
ppearance before it. This is the result
t motion filed by A. r. Graves. his
ttorney, which was agreed to by Harry
fitters, attorney for Mrs. Fannie Ban F
-oft, who obtained the Jail execution on
he 81 PA verdict obtained i'm Caledonia
,unty court.
The Washington county cases were ci
early all disposed of at Tuesdays ses Q
on o. supreme court. In addition to p
lie three settled OF in process of settle y
ent four were continued. leaving the "
blowing for hearing: Mcdonald Va. Ne m
ell case, Globe Granite Co vs.. Charles OF
ements. assumpsit; HaPlin Starh Co. f
l. Montpelier & Wells River railroad 81
ate vs.. Villa, forgery. b
Relative to the Orange county case OF b
ate vs.. Anna Felch, the attorneys are al
leertain as TO the form in which they W
IN present their exceptions. and it was "
ated in court that they might have to -
me to the court before adjournment al
r information. II Is expected that the "a
Sc will not be argued this term but be ri
ntinued until the January term, an en- te
Y after that form having been made Us
the docket vi
Justice Miles read sn-opinion whiciSswas tn
,m Washington county that OF C. s
hitter vs. Montpelier Ice Co. and G. W To-
rmenter. This is case over the own 81,
hip Of one-half of the North Branch &c
er. from which the defendant cuts its I-e
arly supply Of ice. Il is the compan- be
case Of the one of George Campbell all
ainst the same defendants. who. at the vi
& session Of the same court. obtained an
.isiou in favor of Mr.. Campbell. Civ sol
other half of the stream TO Mr.. ma