Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1846-10-01
VERMONT PHOENIX.
BrattlcbOrO, Thursday, Oct. l, 1916.
Court Record.

1fpTTTllTT TT-I-T VIIsI
commenced Tacsiay Of last week, Hon. Dan
irl Kellogg the Supreme Curt ptesdng assisted BY
the Hon. 3 f. Ofnsbre aud Hon. y Wheeinck Of the
County Court.
Judge Kellogg made very able and interesting charge
10 the Grand Jury, which hope to place before read
next week
Seventy actions have been entered on the New Docket
about oue.har the usual number. Seven True Bills
were found Ivy the Grand Jary against each Of the
Of Westminster and Graiton for insufficient roads
against Richard Underwood for theft and against
Thomas J. Hall for rape
Upon the calling Of the docket appeared that there
some 10 or 70 cases ael down the jury Several
otherwise for trial continued, the Of
the presiding Judge having been &C counsel
The first case submitted to the jury that Of
OleoHS. Darts rs Simo1ds, Bennett aud Others.
For damages for the breaches Of the cond
tons Of bond The jury assessed the damages a, $9390G
For plaintiff, Walker x Kellogg und W. c Bradley
Chas Haysosd rs The To,oa Of Dlmmsrsoa.
This action The for injuries sustained by
the plaintiff, consequence OF the aledged insuiciency
Of highway said The testimony tended to prove
that the 9th day of March, 1885, the plaintiff, pass
ing with four horse team the highway in said town.
where the road, in descending hill, narrow, and
bounded by the West River side, and high ledge
upon the other the road iced from rcking
down from the ledge, and following the centre, and
tina, the plaintiff going said hill, walking BY the
side o. his nigh wheel horse, when the horse fell
ing the plaintiff to fall and that the wheel hs leg,
which was badly broken
The defendant coniended that the road INSULT
Gent and that the plaintiff wanting in ordinary care
in not having his horses sufficiently sharp shod.
The argued by c / Walker and o. L. shafler,
for the plaintiff and A. Reyes and W c. Bradley for de-
fendanL
The jury returned verdict Of guilty, and found for the
| plaintiff sac, 3 damages and his costs.
For plaintiff c X. Field, o l.. SKATER, Walker & Kel.
logg For defendant, A. & G. Reyes and w C. Bradley
Wa. H. Hudson Grafia Hyde.
This action upon note for $780, dated Oct 30,
! Is45, payable demand To plaintiff or bearer
The defence that the note obtained by the fraud
ulent representations Of Sbey, Of the late Of Sb-
ley & Hyde, Of Mlb0ry, Mass, and passed TO the
plaintiff payment Of upreeIs,ng deb, Of that irm and
that Hudson party cognirant to the fraud.
The argued by A. Reyes and Royal Tyler for
| plaintiff and c / Walker and W C. Bradley, for deft
The counsel for the defence requested the charge
the jury, that they found that the obtained BY
the fraudulent representations OF Sbcy and PISSED
Hudson in payment Of sniecedent debt Of Sibey *
Hyde that hs, deb, sufficient consideration for
the transfer Of the note to protect in the hands Of pin
he ignorant Of the fraud and thst 10 protect the
note the hands Of plaintiff mus, have been passed 10
him in the ordinary ofbusiness, and for sufficient
consideration, which consideration must be
moving from plarif snd cited Bog Coddngton 20lh
Johnson Rep aud Sialby vs.. Mcdonald, 6 Hill
The court charged requested
The jury returned verdict fer defendant,
For psiniff, A. 4 C Keycs nnd Tyler For defend
ant, W c Bradley, n T sheai Walker & Kellogg
stat, r. BaJasa
This was seton for assault and battery committed By
,he responder, upon Erasmus Phmpton, in July. A. D
1916 /, Grand Jurors eomplsnt and i'iej by
jsry befsrr ,he justice. Bartlett found giy, and sp
pssled to this
The case was srgacd by C D Kellogg snd C. WAX
err for he prosecution, aud By P H. White * n W smith
| COT respondent.
The jury returned verde, Of guil.y a motion in ar
rest jedenent has bren fled for defect the
plant.
n ~ Smhh o. H. o. Miller
This was IN aciion on for neglect Of the defend
ant constable Of Dunmerulon to levy execution in
favor Of the plaintiff against Asa Lawon by which be
lost the Of the udgment. The defence thai
the plaintiff, had directed the defendant not to levy the
cuiion.
The original defendant, LAwton produced witnes,
to prove these directions.
There were circumstances tending to contradict the tee
timony of Lawton.
The case was argued by Plaintiff and j. E Butler for
plaintiff, aud J. u. Bradley for defendant.
Verdict for defendant.
For plaintiff, the plaintiff pro Sc, and J. E. Butler For
defendant, A. Il G. Reyes and J. ID. Bradley
State PimPton aud higgins.
An indictment for selling spiriluous liquors without a Ii.
cense There three in the indictment Two Of
which were abandoned by the States Attorney.
Evidence tending prove the truth of third count was
given by the prosecution.
The case was argued by the States Attorney for the
i prosecution, and w. C. Bradley for defendants.
Verdict of guilty. Exceptions taken and the case
will 20 to Supreme Court.
For State, J. Kimball. For respondents c. K Field, J.
Roberts and W. C. Bradley.
State as. Thomas }. Hall.
ing counts The 6rst charged the respond
with committing rape upon the person of his own
daughter Sally Hail. girl Of 10 years of age The third
count for assault, with commit rape.
The for the prosecution depended entirely upon the
testimony Of the girl without any corroboraing facts and
eumstanees unless ii be that the ialher was grossly ill.,
temperate man.
On the part of the respondent attempt was made ,c
impeach the girls character for truth and veracily and
physician ntoduc ID, who gave professional opinion
that in general, rape could not be eurnmed by lu
grown man upon girl of such tender years whou, pro-
ducng serious eff cts than girl testified pro
duced
The case argued for the State by J Kmball sate's
Attorney and for the respondent by r Tyler, who
signed euunse 10 The prisoner.
Thr jury returned verdict Of guilty Of an assault with
intent 10 commit rape, laid in the Third OF the
indictment.
Second Week.
The only jury , the second week Of the Court that Of
The State This was indictment under the statute for OBJ
timing goods under false preegces. The respnn
Isaac Pratt dent charged with having induced Col Ma.
than Miller 70 give up 10 him certain notes md execution
which he held against respondent by certain se petenees