davidaulloa/AmericanStories huggingface dataset:
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
WINDSOR COUNTY. IN cnAscEhr.

s. +. Tracy ct. al. vs. Adsline Booth ct. 81.
Mrs. Booth was the adopted daughter OF
one Norton. She married and went TO Ca
NADIA to live, where she lived a while with
her husband. About ls42 she returned with
her two children to live with said Norton,
where they continued to live up to about
1852, when said Norton willed to Ms.
Booth his home farm in fee, without any re-
stric.ion. After the decease Of Norton. Mrs
Booth and her children continued to live on
said farm, and carry on the same, and In DO
ing so she contracted the debts mentioned IN
the orst.r's bill. for which she gave her notes
and mortgage. After the execution OF the
notes and mortgage, Mr.. Booth never having
returned TO Vermont, she procured Oil OF
Aivorce from her said husband, aud, after said
divorce, mortgsged the same premises to the
other defendant Moore. This is bill BY the
creditors on their mortgage, against Mrs.
Booth, and the second mortgage to foreclose
the frat mortgage. Defence, the first notes
and mortgage we're void as she was femme
eovsrt and that the second mortgage given
alter divorce was valid. Held that the wife
NAV cucumber her real estate for her own be-
neft aud that in equity she is to be treated
as femme sole as to her separate property
when her contracts are for her benefit. This
is the law in England, New York aud Con-
necticut, and the court think 1t should be es-
tablished in Vermont, subject to the marital
rights of tho husband, and in the case at bar
the husband has never asserted his mriatal
rights.
Decree for defendants reversed, and decree
, for orators.
Hebard for orator, Peck & Colby for defts.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
ORLEANS COUNTY.

Ovit VS.. Chase.
The plaintiff was resident in school dis
triet No. |, in Jay, where he had resided some
time. Prior to May ~. 1860, the district
voted two taxes on the list of said district to
be com mpleted the May following. A notice
was given for town meeting at least IL days
before the 18th Of May, 1860. to make alter
atons in scno0l district, aud on the 18th OF
May, the town voted under said warning, TO
set the plaintiff and his farm to district No.
Y. The listers in completing the list May is,
1860 ,desgnatedthe plaintiff grand list as be-
ing in district No. 2. District No. after
the list was completed made up the taxes a
gaiust the plaintiff. and collected the same.
Held that the warning was sufficient to make
any alterations In the school districts in town.
But that the defendant being a resident OF
distrcs No. on the lst day Of April, and
the taxes in the district having been voted
before the vote Of the town setting the plain
tiff TO district No. 2, the plaintiff was liable
to the taxes in district No. l.. though the
listers had set his list 20 No. 2. Their acts
in this case not being conclusive.
Judgment in the court below reversed and
case remanded
| Names of counsel not given.
! Isaac B. Kimball vs.. A. w. 81 b. s. Nor
rill.
This was a bill in chancery 10 epjoin the
defendants from erecting furnace near the
orators dwelling, house which furnace the
orator claimed would cause smoke and Of
fensiye smells. and woald render his house
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
ORLEANS coNNrY.

S.W. Cobb VS.. Jas. Buswell. 0ss
This was an action Of trover against an Of
icer foe attaching certain property claimed
by plaintiff. A debtor Of the plaintiff, while
the plaintiff was living in New Hampshire.
where the debtor then lived, gave the plain
tiff chattel mortgage of the property in suit.
which was valid by the laws Of New
Hampshire, without change Of possession
The debtor then brought the property into
Vermont with the consent Of plaintiff. and
kept it and used it for some months having
the exclusive possession Of the same, when
it was attached by the defendant as an officer
on debt due in Vermont. Held that the
plaintiffs lien by virtue Of his chaitel mort
gage being good by the laws Of New Hamp-
shire, where the defd't then lived, it was
equally valid in Vermont, and the plaintiff,
was entitled to recover. Judgment Of the
court below affirmed. ini
Robinson for plf. sartle, Allen and Dale
for deft.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30

Hon. Wm. L. Dayton Of New Jersey,
United States Minister to France, died sud.
denly at Paris OF appop!exy. He was born
February IL 1907, and was 81 years Of age
at the time Of his death. His private charsc-
ter pure, his public services discharged with
eminent ability, Mr.. Dayton always COM
manded great respect, and his death is loss
to the country. We observe that Messrs
Fessenden and Hanln Of Maine, and Ray
mond Of New Yo;k. are in the list Of possi-
bilides 60 succeed Mr.. Dayton. Mr.. Fessen-
den would prefer England, and Mr.. Ham'in
the Senate. Mr. Raymond has just been
elected to Congress on sharp contest, and
we do not think be ought to resign and give
the Demy chance for his seat.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
CALEDONIA COUNTY.

David Weeks vs.. Moody NJ. Boynton.
This is an action Of ejectment for lands in
Peacham, founded on mortgage deed, for
the maintenance and support of plaintiff. =
! The deed contained the usual supulations for
support, but contained a provision in the fol-
loving words "Or il shall have an op-
portunity to sell said farm, and shall wish so
to do, shall have the right to do so by pay
ing or securing to the said Weeks such sum
and in such manner as the judge Of probate,
for the district Of Caledonia for the time be-
ing shall consider will be just and right, the
remainder of the life Of said Weeks from
such date" The defendant wishing to sell
said farm but having no opportunity, applied
to the Judge of probate for laid county, and
there was hearing before said judge on the
1st day Of January, 1861. The plaintiff OBJ
jec.ed to the Judge proceeding as the defend
ant had no chance to sell, but the Judge de-
cided to hear the case, and made his, award
that the defendant should pay $3.50 yearly in
Two semi-snnual payments commencing from
January /. 1861, and should give the defend
ant bond with surety in the penal sum Of
$4,000, to be approved Of by the cashier of
Caledonia county bank. After this defendant
gave his bond and made payments in pursu-
ance Of the award at the bank, and refused to
support the plaintiff in any other way. Held.
the award OF the judge Of probate was void
for two reasons. First, the contingency on
which alone be had authority to act had not
happened, as the defendant had no offer of
purchase Of the place which he wished ac-
cept, and second he had no authority to dele
gate to the cashier OF the bank to decide on
the sufficiency Of the bond.
Judgment for defendant reversed and case
remanded. ..s.
Hale, Wing and Lund for plf. B. N.
Davis for deft. ,--
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
WattSmun & stats yuurnaI.
MONTPELIER. DEC 80. 1864.
BY E.P. wALqJN.

fEBEL lNHUnArITY.-Ve learn that
son OF Aurora Mallory, Union prisoner re.
Gently parolled by the rebels, has died at An
nspolis--s victim to reb,i inbumsnity. In
short we may say be was sarusd 10 death. A
Parollsd officer has declared that our men
were nots,afved because the rebels could no,
feed them, but becsuee they ,oould not. He
says their batbarity was deliberate, and for
'ae purpose Of killing of our men. That is
not war, but murder We ere glad to see
that Members Of Congress, and others, at
Washington, have been aroused by the state
men's OF recently returned prisoners. II any
thing can reach and put stop to this infa-
nous 'rea'men, Of our men, le, it be done
and quickly done
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
wINpHAM COUNTY.
Danford May vs.. Jamaica apt.

Dantoru may vs.. Jamaica apt.
This was an action for money had and re-
ceived against the town demanding ten dol
lars. Defendant plead that the money was
collected of the p.aintif by virtue of a tax
bill and warrant and relied on the same as a
defence to the action and claimed that this
defence, made the action appealable. The
court below dismissed the action for want OF
jurisdiction. Held that the town defending
under the tax bill and warrant. did not bring
the case with the statute making the cause
appealable.
And affirmed the judgment below.
stoddard for plf. Butler and Wheeler
for deft.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
FROM WASHINGTON.


son OF MASSACHUSETTS introduced elu 10 IN
crease the number of military cadets at Vest
Point, allowing the President to appoint two
more from each State and fifty from persons
who have served not less than one year in the
army No person under seventeen or over
twenty to be admitted Inc studies In which
applicants must be proficient are increased
Referred
On motion OF Mr.. Harlan OF Iowa an in-
quiry was ordered into the expediency oil re-
quiring all residents OF the District OF Col
umbis to take the oath OF allegiance.
Mr.. Sumner OF Massachusetts from the
committee on foreign affairs reported a sub
stitute for the House resolution for the ter
minaton OF the reciprocity treaty. 1t is main
( ly similar to the House resolution, and was
ordered to be printed.
| Mr.. wilkinson OF Minnesota offered reso-
luton instrueting the Secretary OF War to
rroas rebel prisoners IN the came manner As
the rebels treated ours.
Mr. Johnson oi Maryland oo)eeted, ana the
resolution was laid over
10 the House on motion oil Mr' hollins oi
| New Hampshire resolution was adopted In
relation TO the treatment oil ieoei prisoners
In our hands unless the confederate au'hon-
ties AFFORD better treatment 10 'he Union pris-
oners'
On motion VI NJ 'lV'.n'n u i.ia iuu.a"o, ~
curry was oi"eioa NV 'ue "a Pe',Iu'! "
ung aPa't anus 'ue P,OesS. 80 W tne aes -
~u'ou ~ " e''PS'e " ~ Ia" S,ss,sS ~
ioi 10, 'ne oe"'"' ~ P'i'"'"'"''! u''@'sN
olets' ,,,-s.
ieso'"'lou WIS auup''u p'o''u'"e ~. .ue
spPo,h''uen' y, VOni'"''s'O"e' ~ 'A'.n're
No' ''ne'u "u" ~, ~ s''.' ~ nay
!",a' An1 'ePo,' C',n n..
MI oaihe'c o' onio, rom Tue military
committee, rspo.'eu o''l unlsNu,"s 'ne aos
OF June 20 ioof' 50 az " ti'o ali p.'son' VI
color IN the army al 'hA' '''ne 'ne allowance
etc. m1ue 10 o'ne'S Vi '"' Sa'''o 'A''
Gu.
On MOTION o' MI. O,'u ~ i"u'aua tne
mih'A'y ooui'n'''ee "e'e .u9'.ue'u v ,ndan'
'nto 'ne eAPeu'e"0y =, .'p''s'"s ~. p'o,
Viaing iot tue uisen''se Vi 0o'uii,''siohe'
om'eis IN 'ne ''iui'ee' 'e'0' ~ ~ eAp'
fatoh o' 'uei' o.iH'"a' 'e'"' VI e".'''i''"'
"ienou' REGARD " 'es'epFs plDu'on w, :.
on motion o' mr. ram u ''s" iT'A ~
was fesoiNea 'na' we oee'e'aiy " 'us
uty oe directed 10 'nio.m m ,he mouse unuer
what law soous' wares anu h'er'nanu'se ale
permitted 70 pass Ho" 'he Dhisea 1'a'e,
.hfou8n Nauaus anu as~'u '"'o '"e 0"'''
states.
In the Senate, "Wednesday Dec. Il, Mr'
Collamer presented memorial from hsr'
per Brothers and other publishers for mod
fcstion OF the laws IN regard to carrying
periodicals in the mails,
Mr.. Sherman, from the finance committee
also the House bill taxing whiskey Jan. l
instead of February upon the latter he ask
ed immediate action.
> la the House Mr. Worthington, the mem
Der from Nevada, was qualified and took hi
: seat.
Mr.. Kasson introduced bill levying a du.,
on tobacco and its manufacture. Referred
The House took up the pending resolution
calling on the Secretary OF War to comnn
nicate what obstacles exist to the general e1
change OF prisoners.
# after debate the House adopted resolu
tion that ii not incompatible with public In
"
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30

Some Of the towns OF this State are NOV
Ing enefgeiically for new recruit. for the army
to meet an anticipated call Brattleboro has
appropriated $4,000 for the purpose and
Guiliord qas nearly filed her share of 3OO,-
600 call
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
BY THE PRESIDENT OF THE UNITED
STATES.
A PROCLAMATION.
WAsHIsGroS, Dec. 20

WAsHISGroN, Dec. 90.
Whereas, oy the act approved July 4, 1864,
enlIled act further to regulate and provide
for the enrolling and calling out Of the ma
...,issAs forces. aud for Other purposes, IL is
oroyided that the President Of the United
state. may, at his discretion, at any time
hereafter, call for any number OF men as vol
unteers for the respective terms of one, two
or three years, for military service, and that
in case the quota, or any part thereof Of any
town, township, ward Of a city, precinct or
election district. or Of county not go sub
divided, shall not be filled within the space
of fifty days after such call, then the Presi-
dent shall Immediately order draft for one
year TO fill such quota, or any part thereof
which may be untitled, and
Whereas. by the credits allowed in accord
ance with the act of Congress on tue call for
600 600 pen. made July Is, 1854, the mum.
Der Of men 70 be Obtained under that call
was reduced to 2s9, 900, and
Where's. the operations of the enemy in
certain states have reAdered it impracticablG
to procnre from them their full quotas o
I oops under he said call, and
Whereas, from the foregoing causes bu
25O, 900 men have been put into the army
navy and marine corps under the said call o
July IS. 1864, leaving deficiency or tha
cali of 200. 900, now
Therefore, |, Abraham Lincoln, Presiden
OF the United States of America, in order tC
supply the aforesaid deficiency. and to pro-
vide for casualties in the military and nava
service OF the United States, do issue this, m,
eall, for 500, 900 volunteers to serve for one
Two or three years.
The quotas of the States, districts and sub
distric,s under this call will be assigned b,
ths sWar Department through the bureau o
the provost Marshal General of the UniteC
States, and in case the quota, or any par
thereof. of any town, township, ward Of
city, precinct, or election district, or Of
country not sub-divided, shall not be file,
beipre the 18th day Of February, 1865, the
a draft shall be made to fill such quota, o
any part thereof, on said 18th day of Febru
sry, 1865.
In sestimony whereof have hereunto sc
my hand and caused the seal OF the Unite
states 10 be affixed.
Done at the city Of Washington
this 18th day of December, i
the year Of our Lord one thou
sand eight hundred and sixty
four, and of the United State
of America the eighty ninth.
(Signed) ABRAHAM LINCOLN.
BY the President,
y Secretary of State. W. II. SEWARD.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30

NThe Freeman criticised the President
sharply for saying "the executive power it.
self woul& be greatly diminished by the cessa-
tion OF actuai war" The copperhead News
at Newport embossed it thus: Good, Mr.
willard SO say We Gcopperheads all" But
father Abraham lisa trIsr expounder of the
Constitution than either OF them. While 1t
Ia true that the Constitutional power of the
Executive is nominaliy the same a, all times,
ye, it is actively greater in war thanh peace,
by exactly the addition Of war powers. Did
not the Freeman forget the provision of the
Constitution which makes the President
Commander in-Chief Of the Army and
Navy, and OF the militia when called into ac'
tusl service" &c.,--and also the suspension
Of habeas corpus. &C., in time of WARP These
provisions give the President great powers
20 be used in time OF war, for which there II
NO use in time of peace. The Freeman wa
hyper-critical, and the News hypo-criticsl.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30

Held by a majority Of the court on the
proof, the erection Of the furnace would be
nuisance to the orator, and the decree OF the
court below enjoining the defendants from
erecting the same affirmed.
Edwards and Steele for orator. Shesfe for
deft.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30

H. W. Powers, llih Vermont, recently
died in the rebel prison at Fl. ice, S. c.,
and Benjamin T jenks, F, llth, and Peter
osier, c, 9th, died on the way to the North.
II. W. Sanders, and Gsw. Smith, both 9th,
died at Fortress Monroe. during the week
preceding Dec H.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30

Our acknowledgements are due to the Treas
ury, Interior, aad Agricultural Departments,
Washington, for annual reports.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
CALEDONIA COUNTY.

Same VS.. same.
Book account, Judgment for defendant af-
frmed.
Hale, Wing and Lund for plH. r. N.
Davis for deft.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30

The Newport News lies, even on its death
he'd. Last week it said it was to sleep for
two mon,hs yet this week the thing has
eome again. Reason; the coprerhesds sd-
-srced the mone'
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
THE ST. ALBANs RAIDERS.

Mr. Biglow Of the Burlington Times writes
from Montreal that Mr.. Ritchie's testimony
proves the positive refusal Of Lamothe to en-
force Justice Smiths warrant, thus allowing
the raiders to escape re-arrest. The invest
igation before the Police Committee, which
closed December 20, developed new facts
First. That Coursol's judgment was known
beforehand to the friends of the prisoners.
Second. That smothe had. beyond all
douot, knowing what Coursol's judgment
would be, conspired with Sanders, Porterheld
and other. secessionists, to deliver up the
money.
The probabilities are that Lamothe's re-
signation will not be accepted. but that he
will be dismissed.
The counsel for Coursol and Lamothe, find
ing the facts too strong for them, have be-
came desperate, and are using every means,
no matter how foul, to draw attention from
their own guilt--in asssiling those who have
felt to be their duty to expose their baseness.
Since the liberation of the st. Albans raid :
ers by the Canadian authorities, guns for the
army Of the Vermont militia have been sent
into the State in great numbers from the ar
senals in Springfield and Watervliet. The
authorities intend to be prepared for any
emergency.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30

The friends OF prisoners Of war congned
in the South are permitted to forward them
by flag of truce or other authorized channels,
the following articles Coats, pants, vests,
underclothes, socks, hats, caps, shoes, hand
kerchiefs, suspenders, loCking-glasses, tow
els, brushes, combs, clothes brooms, buttons,
tape, thread, sewing cotton, pins, needles,
scissors, pocket-knives, paper. envelopes,
steel pens lead pencils, postage stamps, to-
bacco, cigars, pipes, snuff, crushed sugar,
sirups, fsmlysoap, butter, lard, smoked beef
beef tongues, bologna ssusages, corn meal,
nutmeg, pepper, mustard. table salt, fish,
crackers, cheese, pickles, sauces, vegetables,
dried fruits. lemons, glass ware, tin ware,
meats and fish in cans. All articles for the
prisoners OF war will be forwarded to Col
John Il. Muliord, agent for the exchange oi
prisoners Of war at Fortress Monroe, Va.
L. p. Warner of Sunderland, Mass. raised
1850 bushels on one and one-half acres anc
sold them for Sl 1920. The land wss manurec
heavily. using wood ashes freely, sows earl,
in April in rows Is inches apart, using si,
ponnds Of seed 10 the acre. aud prefers sand
loan frr soil Red onions are less ssleable
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30

Considerable interest was excited at the
depot last evening, by live woman in close
pine box, being taken from hyegate, VI, to
San Francisco, Cal. Her name is Mrs. Lowe,
and her dioease nervous affection of the
brain. aud TO protect her from the noise in
cident to the journey. this mode Of transpor-
tation was restored to. The box was about
three feet high and three feet wide, and long
enough to accommodate its occupant. Inside
was a bed, on which the patient lay, and the
inside was muffled to prevent any noise from
reaching her. A small aperture was made in
the side OF the box to admit arr. and the
whole contriyance, which appeared at hrst a
severity, was the most considerate kindness.
She stopped at the Nayasset last night, where
she exchanged her box for bed Sprtnfeld
Republican. l7h
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
Z. NJ. STANTON,
Ssc'y OF War.


The Times has dispatch dated near CO.
lumbia, Tenn, Dec. 2S, announcing another
victory over Hood. Gen. Hstchs division
captured is guns, AZ wagons, Il ambulances.
1888 prisoners and three division battle fsgs.
His loss was 400. Hoods pontoon equipage
was captured. Hoods cavalry abandoned
most Of their wagons aud trains.
The Herald's Washington dispatch says
since Gen. Sherman left Atlanta Il 900 rebel
prisoners have been exchanged, and during
the same time we have captured nearly 3O,-
600 of the enemy. At his rate three months
will give US the whole rebel forces.
Much anxiety is felt here from the delay
to. Porler's expedition caused by the storm,
as it gives the rebels opportunity to add to
the strength of the defences. Still the attack
will be made and with such force as to make
it, II within the bounds Of possibility, sue
cessfal. ae
The Worlds Washington dispatch says Of
fetal information makes Hoods losses -
Killed, 1850 wounded, 9720; prisoners,
with the wounded, $4,000. Forty-nine guns
were captured from the infantry and eight
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30
UuIbl NVss
]. g. Foster. Maj. Gen.

The Richmond papers OF yesterday state
that on the 23d 26 vessels of the Whining
ton expedition had ;e-appeared. The dis
patch of Gen. Bragg as published In the Rich
mond papers is as follows
Wilmington, Dec. 2S.-Twenty-six vessels
of the federal feet re-appesred this morning.
There has been no change since last dispatch.
This is the latest received from that expe-
dition.
(Signed) E. M. STANTON,
Eaofu Of ANar
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30

The Commercial has special dispatch
from Nashville, Tenn. dated 2lst, which says
tie headquarters Of Gen. Thomas are near
Columbia. Gen. Hood is across Duck river.
His loss since coming into the state is 20,-
600. His force is now believed to be $4,000
infantry and 1000 cavalry. The woods are
fully of deserters. The roads are in bad con-
ditiun.
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-12-30


The government received a dispatch last
night from Gen. Grant, announcing that Rich
mond papers Of yesterday contain an official
dispatch from Bragg to jeff Davis, dated
Fort Fisher, New Inlet, N. O., Dec 81, as
follows
The entire feet Of the enemy is now in
sight, but cannot operate. The weather con-
tinaes bad. We are able to hold Whining
ton"
A letter from the Army Of the Botomac
yesterday says quiet continues 10 prevail
The weather is such as to prevent any move
ment. A large number OF officers are going
home on furlough. Among those who left
this morning are Gems. Gregg. Potter, Ayresr
Bragg and McAllister with their stats. Gen
Mott went north yesterday. Lieut.. Colonel
Osborne, Division Inspector on Gen. Craw'
ford's staff. goes home this morning, having
been mustered out after serving over three
years.
New YoRK, Dec. 23.
Gold, S2.2l l-2.
The Richmond Examiner of the Goth say
official dispatches were rece'r" from s'van