Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1856-04-26


thereafter he called to see the plaintiff, and nj,
compassionate heart being greatly moved therein.
asked forgvness for his conduct towards her. and
her permission to renew his visits as before. which
requests, II is perhaps unnecessary te remark
were readily granted; that from this time to tbs
summer Of 1852, whenever the parties were IN .
town, his visits were frequent, OF an exclusive
character, aud were usually continued from mid.
night until three O'Clock in the morning that the
spring Of 1919 was named by him as a time when
he thought they had better be married, and tbs,
with this understanding she made some prepara-
tons for house keeping; that subsequently,. III.
fall Of lS49 was named as the time Of MARRIAGE
and also the Gall Of 1852, but tina, for various
reasons stated by the defendant and approved bv
the plaintiff, their marriage was from time 10 tms
deferred; that in the summer Of 1852 the defend.
ant discontinued his visits altogether, without As.
signing any reason for his conduct. The defend
ant was married to his present wife in March,
1854
On the part Of the defence il was acknowledged
that the visits Of the defendant to the plaintiff
commenced in 1913, and that they were Afterwards
frequent aud exclusives that he often staid So late
that, to use his own language, be = was ashamed
to go home" Upon this branch Of the case there
was no substantial difference in the verson Of III.
7" love affair" as given by the two parties. Blu,
the defendant denied altogether that there was any
contract or intention Of marriage between the
parties, but testified that on the contrary, there
was an express understanding between them tia,
his attentions were not to be considered in that
light. In this connection the defendants accouu,
stood thus in the spring Of ls47, he lost bis
companion; that he was lonely. that he enjoyed
the society Of the plaintiff, that when he FIRST CON-
menccd visiting her. he enjoyed her society better
than that Of any other person; that he wanted So
ciety. and sympathised with her failing health;
but that as he thought that she had the consump.
ton. he could not marry her, and that he should
be happy to call upon her upon the terms named
II she had no objection; that she consented and
that in pursuance of this arrangement his visits
were made.
The jury heard the details Of the case with much
patience, and we presume with no little interest
The theory Of the defence did not seem to accord
with their own experience. They had probably
never found such frequent visits recommended for
falling health, nor did it appear in evidence tina,
such ''late hours" were laid down as a remedy for
consumptiye complaints in any standard medical
authority. The story of the plaintiff, told as it
was with a great deal Of naturalness, appeared
reasonable Accordingly they rendered verdict
in her favor. assessing the damages at $4,000
and costs Of prosecution.
1.-The soyereignest remedy on earth
Is spermacetti for an inward bruise''
For the plaintiff, X. W. Clark, C. X. Field, p
I. washburn; for defendant, E. Kirkland, Brad
ley Kellogg
.fsGph Knapp IS Torn Of uarfloro, rer'r.-
This was action Of covenant, brought to recover
damages for the breach Of what the plaintiff claim
ed was covenant for ''quiei enjoyment in GER
tain lease executed by the Of Marlboro by its
selectmcn to enc Jonathan Rising. in 1890. The
town by this lease convey TO said Rising 200 acres
ofthe land granted to said town BY tie Royal Gov
ernOr ofNew Hampshire for the purposes of schools
This land vas described in the lease as bounded
on the north by the north line Of said school right
on the east by the east line, on the west by the
west line &c. This land passed through a num-
Der Of grantees until 80 acres. in the northeast
corner of Marlboro. finally rested in the plaintiff
It appeared in evidence that in 1919. one Oliver
Giett Of Dover. brought his action Of eectment to
recover the seizn and possession of part of this
land, and the mense profits and finally, at the
April Term, 1858, Of the windham County Court
he recovered Judgment against the plaintiff for
the possession Of III rods with damages and costs
amounting to $40. TOrecover this sum, with his
own costs, counsel fees, and extraordinary expen-
SEES, this action was brought
The fact which the plaintiff endeayored to estab-
lsh was that the land from which be was evieted
by Gillet. originally incosed in the land leased
to Rising. The defence rested principally upon
number Of questions Of law. raised by counsel in
the course VI trial. Verdict for the plaintiff
Damages For the plaintiff, Davenport and
stoughton for the defendant, W. c. and ]. D.
Bradley. srta rrr ra