Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-10-04
Rutland County Court.
SErrRMRRR TRRM, 1866.

" BARNES FRIsBE, Assistant
" JOEL W. AINswoNTH, ! Judges,
September 2G,-The argument of the
counsel in the McDaniels will case occu-
pied the attention Of the court during
the day. Mr.. Dewey closed his able and
elaborate argument in the forenoon, aud
was followed by Gov, Dillingham;, for
the defendant. Gov, Dillingham; was
followed by Mr.. Roberts, for the plain
tiHs, who, up to the time Of the adjourn
ment of the court, had not finished his
argument.
September 27.-Mr. Roberts completed
his argument in the Mechanics will
case, when the Judge charged the jury,
and the case was given to them about
1890 o'clock. After an absence oTabout
four hours the jury returned verdict
for the plaintiff, sustaining the iustru-
ment in writing as the last will aud tes-
lament of James McDaniels, deceased,
and ground for the plaintiff to recover
his costs,
The case of Administrator Of James
McDauiels rs. Daniel S. Chatterton, an
action of rover for U. S. notes to the
amount of $3.50, was taken up 1t APP
peared that the defendant, as Constable
Of Rutland levied upon the above
amount Of greenbacks, (treasury notes.
the individual property of Isaac Nc
Daniels, the administrator of James Nc
Daniels, to satisfy taxes assessed on Jas.
McDaniels' estate on grand list OF 1862.
On the trial the counsel Of Isaac McDan-
iels claimed that hewas special admins
traitor on the estate aforesaid, and that as
such, his individual property was not
subject to be levied upon to satisfy taxes
against the estate, and he further
claimed that the taxes were assessed I'M
der law which was unconstitutional
both Of which points were decided
against him by the court, and the jury
were directed to sign verdict for de-
PENDENT to receive his costs. Exceptions
were taken by plaintiff.
The case Of Mrs. Whitney as. the town
of Rutland, for an injury occasioned by
defective sidewalk, was on trial when
the court adjourned.
The jurors not empanneled in this
case were excused until Monday.
1t is expected that Judge Steele will
preside after this case.
Saturday. Sept 29.-The case Of Miss
Laura Whitney q. Town of Rutland was
submitted to the jury in the forenoon,
and after brief absence that body re-
turned with a verdict for the plaintiff OF
s., ll9 and costs.
Then took a recess until Monday, when
Judge Steele will preside.
October 1St.-COurt met at two o'clock,
and the case of Thomas Nolan, indicted
for assault with intent to kill, was taken
up. The jury rendered verdict against
the prisoner of guilty of simple assault.
The trial Of Frank Cooney, for assault
with intent to commit a rape, was next
taken up, pending the trial Of which the
court adjourned.
October 2a-The evidence in the case Of
Cooney, indicted for assault with intent
to commit rape, was concluded, and the
case given to the jury, who returned
almost instantly with verdict Of
guilty.
The case Of Daniel Wing, overseer, q.
Foster appellant, was next taken up
The case was petition to remove Eos,
ter as guardian of minor. Verdict that
the guardian remain.
The case of Suit .. Patch was the
next on the docket. This is a case in.
volving the seizure of quantity OIL
liquors some years since, pending trial
Of which the court adjourned.