The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1847-10-07

OF those which were divided to him into tbo bd,
otthe defendant, who received the paw upon n,o,f
had given said trustee credit for the same rno,,
demands which he had against him. The defendant
contended that the plaintiff was Obliged to look r.,
the bonds of the trustees for satisfaction Bnt tbe
Court decided that they could recover of the de-.
tendant in this action-Yerdict for PlaiDtif.D.rno
ges s.
PIEHrorNT for the plf; HARTMAN for the deft.
Leon NJ Cheney After the plointie hod
VS.. finished the showing on
Isaac Southwick ct. al. his part the defendant a.
mong other testimony, offered deposition which
mad been taken in the State of New York, and was
there sworn to before and certified by Commissioner
Of Deeds. Upon objection by the plaintiff. the
Court refused to admit said deposition without
proof that in New York Commissioners of Deeds
were authorized to take deposition to be used in
their courts. The defendant being unable to show
this, was obliged to ask for continuance, which hs
obtained.
DEXTER for Plf; UARMAN and Foor g. HODGES
for Def.
Ira Parsons This was an action of rover,in
E;no. Us 9. ., which the plaintiff sought to re-
D. Kingsley q al } cover for certain property at
tached by him as sheriff. and receipted BY tho de-
fendants The plaintiff introduced the receipts up
on which was an acknowledgment from the
detlts. Of a demand-and an execution against the
original debtors purporting to have issued upona
judgment renderedin the suit in which the property
was attached, but gavo no other proof Of such
Judgment. The Court decided that without other
proof of a judgment to support said execution the
plaintiff could not recover whcreupon he submitted
to a verdict for the defendant.
ORMsBEE EDGERToN and THRALL & PoyD for
Plf; BRIGGS & WILLIAMS, for Def.
State This an indictment for
rerrc G. Knight which was ALLEGED to be ' the
property of one Ephram Chase. 1t appeared that
the said Chase had purchased the heifer Of ono
Harrington, who had recevad it from Isaac IcDan-
iels, and evidence was introduced on the part Of
the respondent tending to prove that the property
in said hefer was still in McDanies, and that said
Harrington had right to dispose of the same and
claimed that if the jury found they could not find
the respondent guilty upon this indictuent-but tho
Court charged that under our statute it was rot
necessary that there should be either general or
special property in the heifer in Chase, but that
possession either actual or constructive was all that
was requisite against one who had not superior
right Evidence WINS also introduced on the part Of
the respondent tending to show that the heifer came
into his pasture as an estray; and it claimed
that if he became thus lawfully possessed of her in
the first instance subsequent conversion Or dis
| posa Of her would amount to ft!otioRs taking
but the Court charged that such was not the law,
and that if the respondent subsequently, disposed of
the heifer, he knowing the owner or having reason
to believe that he might be ascertained upon prop
or inquiry such disposal might under some cir i
| cumStances amount to a felouioua taking. Other
evidence was also introduced by the respondent for
the purpose Of dsprovng the identity of the heifcr-
and the existence of felonous inteut Verdict, not
g,@Hg.
E. L. ORMsBEE, States Attorney for the prosccu-
tor; DEXTER, Burton and LINsIEY, for the re-
spondcnt.
State J Indictment for larceny.
vs. The first Count charged him
Charles Lincoln. with stealing the horse of Silas
Bump; the second Court with stealing the plow of
| said Bump. The evdedce on the part of the prose-
cuton tended to show the loss of the property and
the subsequent admission of the respondent that he
had taken them. The counsel for the respondent
relied upon the failure of the prosecution to make
out the elonous intent and also endeavored to show
that the respondent was insane. Verdict guilty, on
the second Count.
| Z. L. OEMsDEE, States Attorney for the prosccr-
ton; THpALL & POND for the respondent.
State J Indictment for keeping house
VS. of iII-Eime The evidence On
| Jane Nc Donald. the part of Die government tel
ded to show that there had been several instances Of
prostitution and lewdness discovered at the house Of
tba rpsu0r,IpDt and tb at the EouGp had had
tation in these respects in its vicinity Evidence
was introduced in behalf Of the respondent to show
that the bad reputation Of the house only from
its being tipping house and that the respondents
character had heretofore been good, &c The court
charged the jury that in order to find the respondent
guilty, they must DO satisfied Of the general bad
character Of the house and that it was common x
resort where any who DESTROYS of so do
ing might have resorted for the purpose of prostitu
ton aud that single instances alone, or a repeated *
improper intercourse with the same person, and E
with him alone would not suffice. The jury un-
derthese instructions returned verdict ofnot guilty.
+. L. OEMsDEE, States Attorney for the prosecu-
ton PARKER and THHALL s; POND fer the re-
spondeut.
The jury trials lasted until Saturday afternoon
the 25th Sept. AT this time the jury were dscharg
ed and few causes which still remained ndisposed
of upon the jury docket, were continued. The re
mander of Saturday and Monday and Tuesday of
the ensuing week were occupied in the trial of
causes by the Court. On Tuesday afternoon, al
the cases in which there were witnesses to be ex-
aminod having been disposed Of, the Court, at the
request of the members of the bar, suspended fur
ther hearings, and consented to hold an adjourned
term for the trial Of the renal nrg causes. Upol
Wednesday morning, Sept, Doth, the Court afte
having pronounced their decisions in the cased
which they had heard the day tciore--rronounced