The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1847-05-06

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session of a certain house and lot in Dandy, which
the pf claimed as part of the land set off to him in
the division of his fathers estate. The defendant
claimed title by an adverse possession for the peri
cd Of IS years, and whether he had occupied it for
this length of time adversely the principal ques
ton in dispute The court charged that the posses
sion must have been under claim Of title, but this
claim need not be evidenced by public proclama-
ton of the fact but might be inferred from any acts
which showed that he was acting as though he were
the owner or that he claimed title.
Verdict for plaintiff.
Harrington, and Briggs 6 Williams, for plf;
Pierpoint, and Foot e Hodges for delt.
Williams s. Bliss,
VT NJ. F. Ins. Company.
This action of assunpsit upon policy Of
insurance upon a sawmill in Cast1eton, which, 1t ap
peared, was consumed by fire in Sept, 1913. The
defence set up was, that tho building was set on fire
by Williams, one of the plaintiffs; and it appeared
that the Company had paid to Bliss the other plain
tiff, half Of tho amount insured, and they only
resisted the claim for the other half, which would
belong to Williams and for the recovery of this the
action brought. The court charged the jury |
that the burthen of proof upon the defendants to
show that the plaintiff had himself been instrument
tai in setting fire to the mill and that they must show
this by such evidence as would satisfy the jury of
his guilt, if he were upon trial upon an indictment
for such an offence; that is, the jury must be salts
fed of the plaintiffs guilt beyond reasonable
doubt.
The jury returned q verdict for the plaintiff for the
amount of his claim.
Briggs% Williams for plff.
Wright, and Foot e Hodges; for dotE
Cannon & Warren,
o.
Francis Slason, ct. al
This was an action of debt on Jail bond, execu-
ted by the defendants and delivered to the sheriff of
Rutland County, upon his admitting the defendant, I
Sason, to the liberties of the Jail yard from which
it was alleged he had escaped; the bond had been
assigned by the sheriff to the plaintiffs, who the
creditors in the execution upon which said Slason |
was committed. Two witnesses introduced by the |
plaintiffs testified to the escape; and great number
of witnesses We're examined by the defendant for
the purpose of contradictng these witnesses, inn
peaching their general character, and showing that
a person could not be distinguished at the distance
at which they testified they saw him. Other testi-
uony was introduced by the plaintiffs to sustain them
in these respects. A day and half was occupied
in the trial.
The jury after being out about five hours, report
ed that there prospect Of their agreeing and
they were discharged.
Thrah & Pond, Thompson and Foot, for pIff5.
Ornssbse & Eagsrtop, Li,'s!ey and Pe,pont for de-
PENDANT.
Rollin Robinson, J
Z.
Enoch Cone.
This was an action of trespass for driving loaded
team over the leg of the plf, boy but four years
old at tho time of the occurrence, and so breaking
and crushing it as to render an anputation necessa-
ry. CIh5 case was tried ut the last Sept term, and
full statement Of the facts is given in report of
hat trial. published in the Voice of Sept. 2l 1860
The jury were told that both parties were holden to
he exercise of ordinary and prudence-that the
not liable, if at the time of the occur
once he was in the exercise of proper and pru-
lence, Or if he was not if the accident would not
layo happened if the pR had been in the exercise
Of such care and the jury were told that in the
application Of this rule the same diligence not to
be required of the plaintiff as Of an adult but it was
to be measured by his ago and experience.
The jury returned verdict for the plaintiff. Dam
ages SG25.
Har7nqs, Kiit1&ge, Roberts and Phelps for plain
tiff.
Harrington, Linsley and Thompsoa for deft.
State,
u
Harvey Briggs.
Indictment for obtaining goods upon false preten-
cc5. Tho respondent was arraigned and plead not
guilty. Upon proceeding to trial, the evidence was !
found not to correspond with the allegations and the
States Attorney by the permission of the court, en-
tered a rolie proseQ,9.
f. L. Oyms1cc, States Attorney, for tho prosecu-
tior.
Kellogg, Edserton and Foot for tho respondent.