Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1861-04-19
windham County Court.


Hon. Ira Goodhue, Assistant Judges.
The grand jurors were as follows =
Brattleboro willard Arms. Drookllne Hiram Whitney
Dummerston, Daniel Bemis. Grafton Henry Walker
Guilford John Richmond. Halifax, A. u. Tucker.
Jamaica Isaac p Kendall. Londonderry, Daniel Davis
Marlboro, Cotton Mather, Newfane, Isaac HoYey
Toynshend Esck Aldrch. Rockingham, A, Atcherson.
Wardsboro Holland Pmpon Nottingham. George Porter.
Wilmington Horace Alyord windhsm, james Stearns.
Putncy, Ira Davis,
The Petit Jurors are as follows;
Athens, John II. Austin.
Brookline, Hiram NJ. Whitney.
Dover, Alanson G. Smith
Dumme rston, Chester W. French.
Grafton, Austin Gibson,
Guilford, Horace W. Ly nde.
Jamaica, E. O. Pierce, Squire Gleason.
Londonderry William McAHster.
Marlboro, james Mather.
Newfane, Emery Duukee.
Putney, Henry Locke
Rockingham, james D. Morgan, Wm. s Barry, and S.
w. Warner.
Townshend, D. D. Brigham.
Vernon, Sheldon Slate.
Wardsboro David Rice
Westminster, Reuben Miller, Matthews Gorham.
Nottingham Hosea d. Ballou,
Wilmington, Emerson Moore, s. L. Chamberlain.
Windham, Simeon Pierce
Upon the calling of the docket about 20
causes were put down for trial by Jury,
several of which have since been settled or
otherwise disposed of. The Jury docket
was very light and there seemed every in
dication of short session, but the slow
progress made thus far leads to a different
conclusion.
The first case for trial was Nm. b. Bur
ton q. Ezra Pierce Jr. 1t occupied nearly
four days in the trial. The action was as
sampsit brought to recover money which
was plffs due in 1856 1t appeared that
in 1856 the def. was trader in South
Windham, and on the last of September of
that year, lost~his house and store and goods
by fire. The def. Immediately turned out
notes TO the amount of about S1100 to Sc
sure his father who was surety for him to
about that amount. He also turned out
policy of Insurance, and some other prop
erty in part payment Of the plff.'s claim,
which amounted in all to about 5000
Pierce was owing other debts to various
firms and individuals in Boston and about
home. A meeting of his home creditors
and neighbors was held in Win1ham to de-
wise means to enable him to build and COM
mence business again. Whereupon Pierce
went TO Boston, and procured his creditors
there to sign a paper agreeing 10 take rs
cents Oh dollar in full, provided all the
creditors became parties thereto and the
same should be settled thin 80 days. At
ter Pierce came back from Boston, other
meetings were held in Windham, and the
most of his creditors. and among them the
plff., signed the composition paper. At the
time the plf signed, it was agreed that he
should sign off for 5000 and that the bal
ance of his debt should be paid in full, as
well as 25 per cent. of the 5000. Said
Pierce did pay the % per cent. and S26, 30
of the balance. This action was brought
to recover the balance of the whole debt.
The def. claimed that the composition
agreement and the payment of the % per
cent. operated rs full settlement of the
plff.s entire claim. The pltf. insisted that
the def. had not complied with the provis-
ions of the composition agreement-that he
had not procured all of his creditors to be-
come parties to it, and that some had been
paid in full. while others had not been paid
within the so days, and that said compost
ton agreement became nuliy as to the
! plf. in consequence of the said neglect and
fraudulent transactions of the def. YER
dict for the plf. TO recover S14447, which
was some less than his full claim. Rob-
bins, Washburn and Stoughton & Grant for
plff Stoddard and Ruler & Wheeler for
def.
The Grand Jury remained in session
most of the first week, and on Friday
morning presented number of indictments
and were discharged.
Upon the going in of the Court on Fri
day afternoon, the following persons were
brought into court aud arraigned upon sew
eral indictments, us follows -
Marcus 7. Lampson of Newfane, for
bigamy--plea not guilty. William Smith
aud William Howard ct Halifax, for assault,
with intent to kill-plea not guilty. VIII
lard Bellows Of Newfane, for larceny-plea
not guilty. Charles Wheeler, William John.
son, and Thomas William Smith for PASSING
counterfeit money-plea not guilty. 1t i.
understood that Wheeler is also indicted
for breaking the jail
Amos Darts =. Leonard 7Saneg.-Tht:
was an action Of assumpsit, brought to re.
cover the amount Of q note, which tie plain.
tiff claimed was lost. The defendant claim.
ed that he had paid the note and had it n
his possession. Whether it had been paid
or not, was the point at ISSUE Verdict for