Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1867-09-20
windham County Court.

rens. II i was n action On the ease.
The plainiil' clamed and introduced evil
denee tending to show that in December
1862 he made contract with the deiend-
ant, whereby the defendant agreed to keep
Tor the plaintiff certain brood mare and
colt through the then ensuing winter, for
stipulated price per week. That the
mare was not to be used by the defendant,
except that permission was given him by
the plaintiff to use her on one occasion for
going to mill. The plaintiff also claimed
and introduced evidence tending to show
that the mare was with foal when the de-
fendant received her in December, and
that the defendant, in violation OF the con-
tract, used the mare on repeated occasions
through the winter, in consequence of
| which. she miscarried her ioal and other
wise became much reduced in value. The
defendant claimed and introduced evidence,
tending to show that, by the terms of the
contract he had the right to use the mare
to 90 to mill, meeting and for his light
run ing round" The defendant claimed
to have introduced evidence tending 10
| show that the mare was not with foal at
the time he received her from the plaintiff
in Dece mber, 1862. He also claimed
| that he had used the mare moderately, and
denied that the mare had miscarried her
foa', or had been in any wise injured while
in his custody.
After the plaintiff had rested his case,
and after the defendant had introduced a
portion of his evidence, there being no
direct evidence that the mare had been
| injured by the defendant, nor that she had
miscartied her foal. the Court held, that
the plaintiffs declaration was insufficient
to charge the defendants for the use of the
mare and directed a verdict for the defend
ant. Exceptions by plaintiff. J. d. Bridg-
man, C. L. Arnold and II. f. Stoughton
for plaintiff. C. B. Eddy and c. N. Da-
yenport for defendant.
Franklin w. Perry VS.. VIM. II. Carr.
This was an action of trespass. The
plaintiff claimed and introduced evidence
tending to show that in 1861, the plaintiff
was merchant doing business at London
derry, VT, and that the defendant on the
10th day of March, 1861, entered the
plaintiff store and elected him theretrom,
and after keeping possession of the store
and goods for the space of fourteen days,
carried away large amount OF goods
valued at $3.50. The defendant justified
such action by showing that he was dep,
uty sheriff and had in his hands TWO writs
in favor Of one T. L. Circuit against one
John S. Dexter and that he took posses
sion of the store and attached the good,
as the property of Dexter. 1t further ap
peared that early in 1861, John 5. Dexte
was in the mercantile business at London
derry, VI, and that in February OF tina
year, he sold his goods to the plaintiff TO
$500, receiving therefor 500 cash anC
the notes of the plaintiff, as follows: Sl00t
payable in u months, $1,000 in Is months
and $1,000 in "a months. Dexter at thu
time of the sale owned book account!
amounting TO $500, besides horse, har
ness, &c, and owed his creditors abou
$4,000. The plaintiff at The time of thu
sale was worth about $500 in notes anc
jewelry.
The defendant claimed that the salefron
Dexter to the plaintiff was fl audulent, an
made for the purpose of defrauding tn
creditors of Dexter. The plaintiff denie'
the fraud and claimed that the sale was
bona fde transaction. Theplaintiff elaine
TO recover for the value Of the 90 IDS car
ried away by the defendant, ard al,o dan
ages for having his store closed again'
himself and customers by the detendan
and also for the assault and battery upo
himself.
The jury found the defendant guilty
the assault and battery and not guilty ;
to the other charges, and returned We
dict for the plaintiff, thirly-seven and
half cents. Exceptions by plaintiff.
Il N. Davenport and II. f. Stoughon f
g plaintiff. Ii. ii. Wheeler and A. S.o
n dard for defendant.
e The grand jury having finished the
business were discharged by the Court
3 Wednesday the llh inst They found Fl
d tue bills, viz against Lewis F. Crosi
is for bigamy; Rufus G. Bowker, assa
< and battery; Caroline Fletcher, larcen
Geo. w. Duncan, adultery; and Fran
ID. Hall, breach of peace.
On Thursday the 18th inst, John
Bennett of Bra tleboro, and Nelson
Bixby of Halifax, having passed sal
factory examination were admitted a
sworn as members of this Court.
DEATH OF GEN. L. B. CHAsE.-G