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Middlebury register. (Middlebury, Vt.) 1886-1937, January 17, 1913, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn93063557/1913-01-17/ed-1/seq-1/

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VOL. LXXVIII.
MIDDLEBURY, VERMONT, FRIDAY, JANUARY 17, 1913.
NO. 3.
VILLAGE MEETING
ADDISON COUNTY COURT
ANY TIME YQU PLEASE
Men's Suits
or Overcoats
$4.25
ancl upwards
Men's Fur Coats
SI5.00
ancl upwards
Boys' Suits
or Overcoats
$1.25
and upwards
Ives & Shambo,
COllB IiLOCK
Middlebury,
Vermont
BEAR IN MIND THAT
WE SELL ONLY.
The Best in Rubber Footwear. Whether you
want a pair of Boots, Artics, Socks and Rub
bers, Leather Topped Rubbers, Felts and Rub
bers. Light Rubbers for over your shoes or
anything else in heavy or light Rubber Foot
wear, ve have them in :: :: :: ::
BEST aUALITIES ONLY
Cheap Rubbers are not worth
their cost. Buy the best It pays. Do not
ask us for credit. We cannot give it.
W. E. CLEMENT,
TIic IJiK Slioc Slorc
Middlebury, :: Vermont.
I
Reports of Officors Read and
Adopted Electlon of
Trustees
The nnnual meeting of the village of
Middlebury was held in the town hall
here on Wednesday afternoon. In
spite of fine weather and excellent
traveling, less than a third of the voters
in the village turned out to do business,
115 votes being the highest number east
on any ballot.
In' the absence at Montpelier of
Moderator John E. Weeks, village
Clerk Joseph M. Burke called the meet
ing to order at2:15 o'clock and read the
warning.
Judge Charles I. Button was at onco
chosen moderator. Mr. Burke was re
elected clerk after the usual unanimoua
and hearty fashion.
The printed reports of the village
oflicers were accepted and adopted, as
submitted by the auditors.
Thero was considerable discussion on
article No. 3 in the warning, which
read "To see if the village will vote to
pay the Middlebury Water Dopartment
$1000 for the use of hydrants and water
troughs for the year 1913." The article
was finally adopted and provision was
made for its payment in the tax voted
later on.
Article No. 4 "To see if the village
will vote the sum of $100 to defray the
expenses of the inspection of the Mid-
j dlebury Fire department the present
year," was next taken up and was itn
mediately put through without a dis-
I senting vote.
i The fifth article "To see what tax the
' village will vote to pay the expense of
j the ensuing year and to pay the out
, standing orders andinterest," was next
taken ud. On the recommendation of
I Treasurer Charles E. Pinney, who on
I account of illness was not present, a
' tax of 55 cents on the dollar was voted,
I this amount being deemed sufficient to
i pay the extra $1000 voted to the water
', department for the use of hydrants and
! troughs.
I The election of the board of seven
trustees came next and Dr. P. L. Dorey,
Charles F. Ilich, Charles H. William
1 son, Fny C. Warren, Nelson A. Sey-
mour, Joseph W. Calhoun and Isaac
I Lavonche, jr., were elected by acclam
ation. Mr. Williamson declined to
serve and said he wouldn't have it
ngain. His resignation was accepted,
and this percipitated the biggest fight
of the day. To take the place vacated
by Mr. Williamson the following gen
tlemen were put in nomination and five
ballots were necessary before a choice
was made: Dr. It. J. Vosburg, Charles
A. Lyrnan, H. L. Brough and Noble
J. Sanford. The first ballot resulted
thus: Sanford 45, Lyman 44, Vosburg
12 and Brough 7-total 108 and no
choice.
On the second ballot 112 votes were
east and they were divided in this way:
Sanford 54, Lyman 53, Brough 2, Vos
burg 1 and 2 scattering. For the third
ballott the name of George N. Shambo
was added to the list of candidates
but Mr. Shambo declined. On this
ballot the other candidates had
votes as follows: Sanford 5G, Lyman
52, Brough 5, total 115, and this was the
highest vote of the day.
The fourth ballot resulted: Sanford
51, Lyman 49, Vosburg G, Brough 2 and
2 scattering.
On the 5th ballot Mr. Lyman was
chosen by a vote of G0 as against 49 for
Mr. Sanford. This result was largely
brought about by some remarks of Col.
Joseph Battell in which he stated that
it would be desireable to have a trusteo
located down near the underpass of the
Rutland railroad.
On motion of Dr. Dorey the chair ap-
REMEMBER
That we are headquarters foi- feeds of
all kinds that are profitable to use.
A car of corn goods this week at the
lowest price that you will see this
winter. Call us up.
FRAIMKC. DYER
"The Big Store"
Salisbury, :: :: Vermont.
(uontlnued on Pago 5.)
Jury In Smlth Will Case Dlsa-grees-Purlngton
Caso on
Trlal.
The Columbus Smith will case was in
the hands of the jury when our report
closed last week, and as then noted the
jury did not como in to report on Thurs
day night. They struggled with the
case until 11 o'clock that night in an
efTort to agree but were unable to do
bo, and at that hour went over to the
Addison House and went to bed.
Nothing was done in court Fnday
forenoon except simply waiting for a
report from the jury room, no court
cases being' ready for irial. Early in
the morning the jury sent through their
officer, Dcputy SherifT Fred E. Rowley
of New Haven, a request to the court
to send them the will of 1897 andthe
letters which had passed bctween Mrs.
Harriet J. Smith, then the wife and
now the widow of Columbus Smith,
and Dr. Walter D. Berry of Burlington.
This matter was discussed at lcngth in
chambers. The jury came in at 10:30
o'clock and announced that they had
becn unable to agree. Judge Miics
then informed them that the court had
decided not to give them the documents
which they had asked for, as it was con
trary to the practice in this State to
let the jury have such papcrs, and they
were sent out again tocontmue work on
the case.
At 3 o'clock Friday afternoon the
jury again came into the court room
and reported through Foreman Stowe
that they had not agreed and that there
was no possibility of an agreement.
, Foreman Stowe said that the jury
I stood exactly the way they had stood
i the night before, which is understood to
i have been eight in favor of breaking
j the will to four for upholding it. As
they had been out considering the caso
, for nearly 24 hours and found no chance
to get together, they were dischargcd
I by the court from its further considera
i tion and a recess was then taken to 9
o'clock Tuesday morning.
From the amount of property in
i volved this was the most important
j case ever tried in the Addison county
' cou; L, and its mistrial nieans that the
caso will have to be tried all over again,
i presumably at the next June term. In
! the meanwhile there is no chance for a
compromise, as the property covered by
I the will, now scheduled to (igure up be
, tween $320,000 and $330,000, is tied up
: by the contest, and Mrs. Smith could
1 not buy the contestants oft with any
j funds covered by the will even if she
should desire to do so. It is known
that she has ample funds in her own
I right with which to elfect a com-
protnise if she should so desire and the
j other sido would consent.
The litigation so far has been very
I costly and another similar trial of eleven
j days' duration will add largely to the
, expense. And in case the will now at-
tacked should be ultimately broken
there will still be complications. Mr.
Smith made a will in 1884 and on the
back of that instrument is endorsed
this statcment: "I revoke this will, as
I have made two wills since." There
is a lost will, understood to have been
made in 189G as to the provisions of
which no one seems to have any ac
curate knowledgo and which, should it
be lound, might supersede in law the
will of 1897 and its codicils.
Under the will in controversy, Rufus
Wainwright (deceased) and Thomas E.
Boyce were named as executors and by
one of the codicils the name of Harriet
J. Smith wiys added as executrix. The
following were named as trustees in the
will of 1897 to see that its provisions for
doing something for "suffering human
ity" in the way of establishing a home
(Continued on Page 5)
VIM, VIGOR AND
VITALITY
When you are weak and debilitated there is trouble in regaining
your vitality becnuso all of the organs of the body are debilitated.
Your henrt, stomacli, liver nnd kidneys must bo able to work
harder before you can be built up. That is why our
REXALL SYRUP
HYPOPHOSPHITES COMPOUND
is so elTectivo a remedy in any run.down condition. It renews
the activity of the vitaf organs and supplies uiaterial to mnko new
blood and to revitalize the nerve centers.
Price 89c for Full Pint Bottle.
Sheldon's Rexall Store,
orrosiTE rosT office,
H. A. Sheldon, 1847. Dr. W. H. Sheldon, 1913.
UNIVERSAL FOOD CHOPPEE.S
Six Reasons Why Every Enterprisina: House
Wife Should Use the UNIVERSAL
FCGD CHOPPER
FIRST Because they are the best.
SECOND Because they are easily cleaned.
THIRD Because they will last longer and give better service than any
other make.
FOURTH Because they will ch,p any kind of meat and make a tough
steak taste like the best porterhouse steak you ever tasted.
FIFTH You can grind Horsetadish, Cabbage, Potatoes, Crackers, Cod
fish, and in fact, anything you wish to grind.
SIXTH Because it keeps peace in the family.
If you will come to our stote we will be glad to tell you more about this
chopper. No trouble for us to show goods.
Jahn H. Stewart,
HARDWARE
Middlebury,
Vermont.
A Good Time to
Buy Good
Cloth.es
The cream of our clothing
is being sold today at
A Big Saving
NOT A CYCLONE BUT OUR REGULAR
MID-WINTER CLEARANGE SALE
:-: NOW ON :-:
20 Per Cent (1-5) Off
on all Fur Gooda, Overcoats, Winter Suits, Sheeplined Coats, Flannel
Shirts, Wool nnd Fleeced Underwenr, Etc, Etc. THIS IS A
TRUE DISCOUNT SALE. A clean saving to our customers, and a
turningof etock to us.
C. N. ATWOOD &, CO.
Popular Clothing House.
Middlebury, -:- -:- Vermont.
Twenty-Five Per Cent off
the regular price of our
clothes means something
to you.
Come In For Try-On !
oheney & oo.
Modcrii Amcrlcan Clothlers
38 Main St..
Middleburv, Vt.

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