The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1865-06-13
LocAL INrELLIoENoE.


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shftl egu, b. TIE dsfssasai. d appear hat
e. The issh olsisrra. 1898, ihs plaintiff made
written oQntract Ssh Ben HaaApay ~
phieh hs Agreed 10 deliver u,o BE po.sessioa
thiHy cows, whose pfics shoala Be Sal per
head sad cess y remain Cismsnons proper
y uutd pad Zoe, sud ihe san rea ned from
the dairy the arst year to 60 i0waias The pay
meat. The cowt wsre delivered as Aerecd up
on, and HaaHwAy made some payments % the
plaintiff the arsf year. for whiOe he took re-
ecipn. Upon the back q the contract there
vas an indorsment, dated March 18th, lbe0,
q s8es II received from the defendant, with
interest % that date. The plaintiff testified
that the cows were IN good condition When Ia
ken BY HsaAway, and HadAsay and his two
sons, the other defendants, testified that soon
after tie oows Were taken they became lame
with The foot roa, by reason Of witch their val
ne Wa greatly lessened. Towards ii close
q Tie hrsi year and At various times amer
vArds, the plsintiif and defendant had CONVEX.
sation concerning trade which Halfway was
about to conclude with one Wilder, aud 1t was
understood tina, II that bargain was effected
Wilder was to pay Cicmmons $500. Glenn
mons testified tina, he merely agreed to receive
the money Of Wilder, but did not accept him
IS his payrnaster or 10 any way release Mr.
fIadGway from his obligationi while the de-
feudan, claimed tina, Clemmons agreed to look
70 Mr. Wilder for his pay. The defendant tes-
titled that he decided Wilder piece OF land for
$500, Of which be received $3.50, and sold him
the wood on 400 acres for five dollars an acre.
Wilder testified tlfat in the summer Of 1869
Hsdaway wished 10 borrow some money, and
tina, he lent him s225 and took deed Of some,
land as security, aRd tina. the land was to be
decided back upon the payment ofthe money;
that he agreed TO take some wood Of Hadaway
uyon the happening Of certain event which
did not occur that he was In no way indebted
to Hsdaway. and that Clemmons had never
asked him for pay. The defendant testified
thai on the last Tuesday in March, 1860, Glen.
mons complained that be had had to extend
the time with Wilder, aud that be, the defend
ant afTarpd m yius q, xsouo,, he
would relinquish all claim upon the cows and
wait one year for his pay upon note which
he held against him, to which the plaintiff
agreed Henry Hsdaway testified that he was
present when Clemmons came for the wagon,
and that he told tie witness that he had re.
linquished all claim upon the cows and as il
might be some time before he could get his pay
OF Wilder he was to have the wagon. The
plaintiff denied having had any such CONVEX
sation, and testified that the wagon was given
in consideration of eaiting for what was then
The defendant testified that he regarded the
wagon trade as the end Of the affair and gave
himself no more trouble about it, and introduce
cd some testimony tending TO show that the
matter was so regarded by the plaintiff; while
the plaintiff testified to some facts which seem
ed to indicate that Hadaway did not regard the
cows as his-among otner things that as late
as the spring Of 1851 the defendant and his
sons wished to take the COWS of him another
year. 1t also appeared that after the wagon
trade the defendant endeavored to make ar
engagements with two or three other persons to
pay Clemmons the amount of his claim. In
March, 1861, the COWS, having been advertised
io- sale ia the name If another. were driyoa TO
Salem, N. Y, by Hadaway's sons, and there
disposed Of them at auction. The plaintiff in
troduced n witness who testified that Henry
Hadaway told him that they started with the
cows between eleven and twelve o'clock at
night. Henry denied having had any such
conversation; and both he aud his brother tes-
tilted that they started between three and four
in the morning, that they started thus early to
have time to feed the cattle before the sale, and
that the y had no thought Of secrecy about the
matter Some time after the plaintiff found
some Of the cows in Salem and took them
home. The court instructed the jury that the
plaintiff was not entitled TO recoverfor the cows
which he afterwards got possession Of, but on
ly his expenses in regaining them. The jury
returned verdict for the plaintiff OF $3.50 dam
ages, with costs. Miner & Prndle for plain
tiff; Daniel Roberts for defendant.
0zIAs CLARK H ]. W. LIscoLS.--This
was petition for new trial. 1t appears that
the defendant in this Gaze brought an acton
against Clark to recover damages for the kill
ing Of his hound. As his counsel was unable
to attend the day Of the trial, the defendant.
Clark, suffered judgment to be passed against
him, and paid twenty-five cents, supposing that
was all that was necessary to secure an ar
peal, and did not furnish bail. Evidence was
introduced tending TO show that the counsel
for Lincoln made remarks that might have led
Clark to suppose that he had done all that was
necessary. The petition was granted. j. B.
Bromley for plaintiff G, W. Harmon for de
PENDANT.
WILLIAM BARKER charged with stealing
horse in Arlington in February last, plead
guilty, and was sentenced to two years and
three months confinement in the State prison
at Windsor.
WILLIAM Conan, charged with larceny,
plead guilty, and was sentenced to three years
confinement in the State prison.
GEORGE DAVIS, twelve years Of age eharg-
ged with larceny, plead guilty, and was sea-
teueed to four years confinement in the State
prison.
DASIEL NJ. RUssELI, charged with an as
sAnl,. plead 10, guilty. Respondent was rec
ogniEed ia 500 bonds for his appearance at
| the next tezn Of the County Court.
De G.s,rdsr tba husinass n The term heiug