Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1861-04-26
Windnn,n County Comrt.

Windhan County Court.
Joel Holtoa .. Billings Taylor. This
was an aclon on the case Itappeared that
the def. was Constable and Deputy Sheriff |
in Winhall, Bennington Co., and that the
plf placed in his hands for service a writ /
against one Smith of said Winhall, and d.
rected the def to attach lot Of apples Of
said Smith. The def. took the writ and /
served it by copy and by leaving copy in
the town Clerks olfice-no other attach
ment was made. The plff obtained judge |
ment against Smith and placed the execu-
ton in the hands Of the def. for collection,
who sold what apples there were remaining
at The date Of the sale, and applied it upon
the execution, leaving balance unsatisiied.
1t appeared that the execution is not on file
in the Office of the Justice who signed it.
The plff. claimed that the def. was liable
for not attaching the apples by taking pos
session Of them, and in consequence Of the
deh.'s neglect many of them were lost
The plf. also claimed that def. was liable
for the loss of the execution in that the
deft. never returned it to the Justice.
The def. claimed and gave evidence
tending to prove that plff directed to at
tach the apples by copy in Town Clerks
office, and that none were lost except by
unavoidable rot. The def. also claimed
and gave evidence tending to prove that he
duly returned the execution.
Verdict for the plf, for cent damage
for not taking possession Of the property
on attachment, and Sl6l2 for not returning
the execution.
In this case the def. moved for a new
trial on the ground that the Jury separated
before making up and delivering their YER
dict and the cause has gone to the Supreme
Court on that question.
Stoddard and Davenport for plff. But
Ter & Wheeler and E. E. Kellogg for deft.
The above was the last civil case tried
by Jury The criminal cases tried are as
follows:
State .. Harcus P. Lampson. This was
an indictment for having more wives than
are allowed by Law. The evidence on the
part of the State tended to show that
Lampson was about two years ago living
with wife in Deerfeld, Mass, who is still
lving,and that he has since married another
woman, and lived with her in Newfane. i
appeared on the cross examination of tn,
States witnesses, that the first wife had
prior husband living within Z years of tn,
prefer ded marriage TO Lampson, and III,
State being unable to prove that this prio
husband was dead the Court directed a YER
diet for the respondent. Bridgman for tn
State. Davenport and Haskins for re
8 spondent.
State .. Charles Wheeler, lillian John
son, and Thomas William Smith. Thi
was an indictment for passing counterfeit
: money-a IS counterfeit bill upon the job
Hancock Bank, to Martin II. Goddard {
Londonderry, and IS counterfeit bill up
on the Andoyer Bank, to Zenas Upham c
Windham.
j The Jury came in two or three time
not agree,,--a aoH. pros. was entered as t
r Smith, and he was discharged, but still til
:. Jury disagreed. Finally a verdict of gmh
was rendered against Wheeler and the Jur
were discharged without agreeing as t
johnson. 1t is understood that they ha
agreed upon verdict of not guiay as
Smith before the noH. pros. was entere,
Exceptions were taken as to Wheeler and til
cause carried to the Supreme Court. Bird,
e man and Clark for the State. G.. b. he
is logg, Davenport, and Stoughton & Graz
, for respondents.
at The Court business was taken up on Fir
e. day p. NJ, and Court adjourned on Satu
D. day 7. NJ. The amount of business dol
" this term has been quite small.
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