The Bench And Bar of Saratoga County : Or, Reminiscences of the Judiciary, And Scenes in the Court Room, From the Organization of the County to the Present Time

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The Bench And Bar of Saratoga County : Or, Reminiscences of the Judiciary, And Scenes in the Court Room, From the Organization of the County to the Present Time
Mann, E. R. (Enos R.)
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Por- ter and Nicholas Hill, jr. So great an array of legal talent is seldom gathered in a court house to conduct a trial, even when the momentous issue of life and death is pending. After an exhausting search a jury was impanneled. The witnesses sworn for the people were L. R. Sargent, Thomas Collins, George Balfrey, William B. Harris, James Swartwout and Joseph Phayre. The important wit- ness was Balfry, who testified that he had landed in Quebec on a certain day and was on his way to Troy in ...search of work. On the twenty-second day of May, 1849, he was walking on the railroad near Talmadge' s crossing, and feeling tired, had satdown in a clump of bushes to jest. While there he saw Talmadge drive a stone into the space allotted for 160 THE BENCH AND BAR the flange of the wheel between the rail and the planks in the crossing. Before he could. give the alarm the accident happened. This made a direct case for the plaintiflF, it being supplemented by the testimony of Phayre that he saw Balfrey on the track near East Line on the day in question.

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