The Barre daily times. (Barre, Vt.) 1897-1959, 1921-06-21
ORANGE COUNTY COURT.
Many Cases Were Disposed of Last
Week.

Week.
Chelsea, June 2l,---0n the opening Of
the second week Of the term, Monday,
the 18th, the case of H. f. kilburn vs..
the Boston a. Maine railroad was TAX
en- up. This was an action in tort IN
which the plaintiff sought to recover
damages for injuries to his Nash truck
resulting fromss an engine with tender
attached striking his truck on what Is
known as the 0'Neil crossing in the
south end of the railroad yard at
White River Junction on Sept, 30, at
9 o'clock in the evening, and the testl-
mony on the part Of the plaintiff tend
ed 20 show that before driving on to the
crossing he and three other men on the
trucA looked and listened for ap-
preaching trains but neither saw nor
heard anything and the rear end Of the
tender struck his truck just back OF
the cab and carried il about seventy
feet before stopping.
The evidence of the railroad was 70
the effect that the engine stood about
two hundred and fifty feet south OF the
crossing and before the engineer pro
ceeding TO back over the crossing he
touched the automatic attachment
which set the bell ringing and blew
his whistle continuously until the ten
der struck the truck, and in addition
to such safeguards a train man stood
ON the rear of the tender with Ian.
tern and there was also another lighted
lantern hung on a ladder in the center
of the rear end Of the tender. The case
was holly contested throughout, but
the Jury found for the plaintiff TO re-
cover from the railroad as damages
the sum OF Sl,Sl2.94. Harold B. Hale
of Newbury was foreman Of the Jury
RAYMOND Trainer of White River
Junction was attorney for the plaintiff
and Walter Fenton of Rutland ap
peared for the railroad.
The next case was that Of John +
Mckenzie VS.. James Brown, il being
an action in town, the plaintiff claim
ing damages for being run into by the
defendant in an automobile collision
| which took place in Williamstowu, and
! after a Jury had been drawn, Earle X
Davis of Barre City, attorney for th'
plaintiff. and Erwin NJ. Harvey Of
Montpelier. attorney for the defen
dant. asked for little time TO confer
and after a short conference returned
20 the court room and informed th'
court that there would be no trial, that
l negotiations we're pending and an early
settlement was expected.
Advice was received from the attor
| news in the next two cases which stood
for trial by jury that settlement haC
heen effected and under such an un
hooked for disposition of those three
eases il was found that il would b
impossible to get on another jury trla
during the week and the jurors wer'
excused on Thursday morning unit
1 Wednesday morning. June p, whei
the murder case. State vs.. Allie smith
win be taken up, and for the trial o.
/ this case an extra venire OF thirty mel
have been drawn and summoned 10 ap
pear to serve as petit Jurors on tn
morning Of June p.
The remainder OF the week was tax
en- IN in the trial of divorce cases sn'
| criminal cases. The only divorce cas-
heard in which the court rendered ~
| decision was that of bill granted q
/ Anna Spear Titus from Berne B. Titus
| ON the ground Of wilful desertion, ans
The. custody OF the minor children wa
decreed TO the libellant. Attorney 6
II. Hill of St. Johnsbury appeared, 70
| the ibellant and II. w. Hastings o
Bradford appeared for the libellee, tn
case. however, was not contested.
In the case Of State vs.. Philip Gou
lette OF Washington for burglary, tn
respondent entered plea Of guilty an
wss sentenced 10 state prison for
term OF not less than three and one
half nor more than six years. Attor
new Lyle X. Beckwith appeared for th
In state vs.. William West, ala
William Burkley, the colored gentle
man who stole a bicycle in Randolph
last spring and a couple Of days late
broke out Of the Randolph locku
while waiting over night TO be take
20 the iail in Chelsea, the responder
nlrsded guilty 10 the crime OF lsroen.
and was sentenced TO state prison 10
a term Of not less than two and one
half nor more than six years. Atior
new William n. Sprsgue appeared 70
TIE respondent and in both case
states Attorney Millward c Tai
prosecuted
The above named respondents wer
taken 20 Windsor and committed &
state prison on Thursday Afternoon b
sheriff Tracy. Court took - week
end adjournment Saturday morr1n.
and tbs members 81 TIE court uotore.
- their RESPECTIVE homes for he week
end recess &a@M4