Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-05-09
OLE Vtrmont 48enix.
BRATTLEBORO, VT.
RDAY, MAY 0, 1857


County Court Record.
The case next succeeding the one reported our
last was that of JT'oodcock & Vinion vs. James
Lodge This was an action Of trespass and tres
pass on the case, for setting fire casually to the
plaintiffs store-house, by means of sky-rockets,
and burning the same. The plaintiffs proved that
the defendant participated in discharging the rock
cts, and the court charged that in respass all were
principals, and any person was responsible for
all his associates The case depended on crcum-
stantal evidence, but the jury found for the plain
tiffs to recover 1890, and costs.-Bradlcy &
Kellogg for plaintiffs Kirkland & Clark for de-
fendant.
Chas. Il. Field vs. IT, ". Miller, This was
action upon promissory note brought in the
name of Field simply for the purpose of collection,
r. Dunklee Of Newfane, being the plaintiff in in
terest. The deft contended that the note was Civ
en- as collateral, and depended on certain conditions.
Testimony conflicting but the jury found for the
defendant to recover his COSTS Bradley & Kellogg
for plaintiff; Stoddard & Knowlton for defendant.
Ros UhH0ey rs. l.. & N. Richardsoa-ln
this case the defendant having recovered in eject
ment certain piece of land from this plaintiff filed
his declaration for bettcrments upon the lan1
while in his possession, and recovered Of d,cndauts
sos, 33.-w, c. Bradley & Geo. b. Kellogg for
plaintiffs; Stoddard and Deem for defendants.
III p. HolJrook ys n. H0lbrook This was an
action Of assumpsit bought to recover money paid
by the plaintiff to the defendant on former settle
ment cinounting to $40, which was paid as the
plaintiff adjudged upon the superstition that Hor-
ton IIolbrook, brother Of the parties was dead,
and with the understanding, as the plaintiff claim
ed, that If Horton should be alive the money should
be refunded. This the defendant denied. The
jury found for the plainth.--For plaintiff Bradley
& Kellogg; for defendants Stoddard & Roberts.
State VS. Henry Gooiaop.-Indctmen for forg-
ing q note of 5000 against one VIM. W. Bolton,
and for utterng the same.
1t seems that son Of Mr.. Goodnow found note
he acted in the capacity of clerk, that he presented
the note to Bolton for payment, when the latter
seized the note, pronounced it forgery and car
riel it away. The defendant was soon after ar
raigned before magistrate and, after protrac,ed
examination, held for appearance at the County
Court.
The principal evidence adduced by the govern
ment was the opinions of those acquainted with the
hand writing of the defendant rs to its resemblance
to that of the note, These opinions we're conflict
ing and in some cases contradictory. The filing on
the back of the note was conceded to be Mr. Good
and IL WAS in i1eu Lab
ed the note good, and had declared his intention Of
collecting the same
The defence rested upon the alleged dissimilarty
of the writing Of the instrument in question to that
OF the defendants usual manuscript, and upon the
want OF motive for a man of Mr.. Goodnow's means
to counterfeit note of so small an amount They
explained the presence Of the paper in the files of
the respondent by Mr.. Goodnow's son, who found
the note behind some barrels near the counter, and
surprising that hn It hal been accidentally dropped
1t was assumed on the part Of the defence that
the note had been placed where it would be thus
found and for the purpose of inducing just such
results AS have since occurred--the Indictment of
Goodnow and his trial for forgery. Whether or
not there is any thing to warrant such belief each
one must judge for himself
The trial was commenced Tuesday morning and
given to the jury about o'clock Thursday eve
ming. The jury agreed upon a verdict the same
evening but it was not given in Court until Friday
morning, when to the usual question by the clerk
the response was, Nor GuILTY.-For the State,
Knowlton, Stoddard and Krkland for the defen-
dant, Butler, J. d. Bradley and stoughton.
The verdict we believe was in full accordance
with the-opiniOns of persons who listened to the
trial dispassiOnatey.
The Court adjourned after making the following
County appointments:-
Royal Tyler, County Clerk.
Marshall Newton, Treasurer.
Geo. b. Kellogg, Auditor.