The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1861-12-13
Reported for The CALIFORNIAN.
Caledonia County Court.
DECEMBER TERM ls6l

DECEMBER TERM, ISGl
Presentation. LUKE P. POLAND, Ch. Justice
Hon. SEEENO MONTGOMERY, Associ-
Hon. E. A. PARKS, ates.
No. 43. y. c. Stevens v. J. H. Kempton.
Trespass for about thirty tons of hay attached
by pf. as an officer on writs against Watts
of Peacham. Verdict for plf for s19O99.-
Underwood for plf. Davis and Ross for deft.
No. 40. James S. Woodward v. John
Frye. Trover for colt. The case was tried
at the last term of the court and verdict for
the rlf, which was set aside by the court as
being against evidence, and a new trial gran
ted. The jury after holding the case twenty
four hours returned into court not agreed,
and papers taken back. Potts and Colby for
plf. Davis for def.
No. IS. Nathan Way v. Milton Barnard.
This was an action of replevin; the only
question made in the case was in reference
to costs. Nerdist by order of court for one
cent damages and costs. G. c. & G. w. Ca
noon for pf. Colby and Redfeld for deft.
No. IS. Orrin Nelson v. Abertus and A.
J. Allen. Assumpsit on promissory note.
Defendants claimed that the note was gi,en
by plf to his son and by him included as a
part of his capital in co-partnership formed
with the deft A. J. Allen. Verdict for defts
f.. \. Cahoon and Clark for pf. G. c. & G.
W. Cahoon and Ray for deft.
No. 6>. John J. Fisher v ID. NJ. Glenn
ent. Assumpsit on prom. ,ory note of 500
given by def. with three others in payment
for piece of land, which notes were secured
by mortgage on that and other land. Be-
fore the commencement of this suit the land
came into the possession Of the plaintiff by a
decree of court which the jury found was a
full satisfaction and payment of the note. G.
{. 4 &. W. Cahoon for plf. +. \ Cahoon
and Clark for deft
No. $50. State v. John Holmes, X. J.
Hall, Chas Lamb, John Meader, Martin j.
Hall, limo. Weed, Matthew Taylor, John
Gates, Nehemiah Gates, Archibald Caldwell,
Robert Gates, and Scott Gates. This was an
Indictment against the respondents for riot,
and assault upon one MIR Hooper. 1t appear
ed that sometime in Aug. 1860, Mr. Hooper
was living with Mrs Emery, (now Mrs
Hooper, in Ryesate, laboring on her farm,
bat in exactly what capacity did not appear,
and that certain persons, dozen or more
one dark rainy night came around her house
about 9 o'clock, part of whom were in dis
guise, and one of them went into the house
and called for Mr. Hooper who had retired
for the night. When Mr. Hooper arose he
wished to see him out of doors. When Mr.
Hooper appeared out of doors he was imme-
date y siezed by several strong persons and
treated to half mile ride on a rail. The
state did not claim to have identified but 1
respondents. as witness they relied upon
refused to testify because it would criminatt
himself Verdict of guilty against Robert J
Hall, John Gates, Charles Lamb and John
Meader, and not guilty as to the other re
spondents. States Attorney and Potts fol
state. Colby and Dickey for respondents.
No. 12l. Z. vi. Wimarth V. Asa l.. Bar
Der and lIazen NJ. Gray. This was an actor
of trespass for hay attached by the plf. as thu
property of said Barber. The question wa
one Of fact whether the hay attached was thu
property of Barber or Gray. Gray had ;
deed of the place on which the hay was cut
but Barber cut the hay. The hay was re
moved by detts. after it was attached by tn
plf Verdict for defts. &. c. \ &. W. Ca
boon for plfs. B. y. Davis and c. II. Davi
for defts.
No. l23. Silas and Charles Beckwith '
VIM. Hurst. This is an action for aSsump
sit for about 500 which the plfs. alege tn
delft stole from them in the fall of l>60.-
The plfs. rely entirely upon cucumstanti.
evidence to make out their case. The def
was tried for the larceny last June term an
acquitted. The case is now on trial. g. "
Cahoon. Colby and Redtield for plfs. Wi
lard, Bartlett and Davis for defts.
Hospital Supplies from No. Danville.