Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1866-09-21

Court REcoRD.-Sdrdh ". Mott vs.. Isaiah Stod-
der.-Ths was an action on the case for falsely and
malicously charging the plaintiff with the crime of
larceny. The defendant admitted the speaking of
the words charged but insisted that they true.
1t appeared that the suit was originally commenced
in the name of the present plaintiff and her husband,
who was clergyman residing at the time in the vii
age of Cambrldgcport, in the town of Rockingham
that the tried in Sept 1868, and verdict
obtained for the plaintiffs, since which the husband
has deceased exceptions were taken and the cause
passed to the Supreme Court, and by that tribu
nal remanded to this Court for another trial The
dence of the defendant tended to show that in the
spring Of 1862 upon certain evening, he had occa-
sion to go to his back door, and while standing there
he saw this plaintiff pass from the piazza of her
house, which was but few rods distant, into the
woodward of one of their neighbors a Mr. Wheeler,
and take from Wheeler's wood-pile three sticks of
wood, and carry the same into her own house. That
he inquired of Mr.. Wheeler if the plaintiff or her hus-
band had ever received any license from him to get
wood from his yard, and that upon his being informed
that they had not, that he informed some of the
neighbors Of the fact Of his seeing the plaintiff take
the wood aforesaid. The evidence of the plaintiff
tended to show that she never took the wood rs
charged by the defendant upon that any other
cason; that at the time she had in her shed from
10 to 10 cords of dry and green wood. And to the
malicious intent of the defendant in charging the
plaintiff, evidence was introduced tending 10 show
that the parties were not upon terms of friendship,
and that the defendant had recently had trouble in
the church, and with plaintiffs husband. The jury
returned verdict for plaintiff for S331,2j
n =. d.
Ter & Wheeler for defendant.
C. /. Carpenter vs. Warren Boyd-This was an
action to recover the amount due on promissory
note executed to the plaintiff by one Philandar Par
maee now deceased, as principal, and the defendant
as surety on the - day of -, IS. The defen-
dant admitted the execution Of the note, but pleaded
the statute of limitations, to which the plaintiff
piled, new promise, and introduced evidence tend
ing to prove that the defendant had on two or three
occasions within six years acknowledged the claim
and promised to pay it, The defendants evidence
tended to show that no new promise had ever been
made by him to pay the note. The jury returned n
verdict for plaintiff for S039,lo damages.
Xix, Davenport and Carpenter for plaintiff; Flagg
& Waterman and StOughton for defendant.
Sarah b. Field VS.. Christopher /. JViHiston-Ths
was prosecution for bastardy. The case was COM
menced Friday 7. NJ, last week, and occupied the
Court until Wednesday noon of this week. when the
defendant set the mot for the jury" The evi-
dence was voluminous and in some respects contra
dctory, yet the public sentiment, which was in favor
of the plaintiff from the beginning, was in nowise
shaken by the evidence of the defendants witnesses
and why the cause was so abruptly brought to a
close we cannot imagine, but without doubt the de-
fendant and his attorneys will before the rising of the
Court show some good cause and wholesome reasons
for so doing.
Eddy and Stoddard for PLAINTIFF; Bridgman, Daven-
port and Stoughton for defendant
Joseph Jacobs, Er'Or, VS.. Sarah j. Jacobs ct ais
The above entitled cause came to this Court by APP
peal from the Probate Court setting aside the last
will and testament of Samuel Jacobs, late of Guillord
deceased The trial commenced on Wednesday af
ternoon last, and will probably occupy the remainder
of the week.
The FAIR.-Last week we published a list Of part
Of the Premiums awarded at the late Fair, To-day
We add others MS we have hean able 10 obtain them