Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1867-10-25
windha1n County Court.

sufliciency h the highway in Dummersion.
The p'ainiiff claimed and introduced evil
dence tending to show that 10 January
1867, he was driving over road in the
towo of Dommerspn which was badly
drfted and unbrok;n, and that his horse
stepped out of the rack and was famed in
the shoulder. He hrther introduced evil
dence tending to shlw that the horse was
worth S275, beforethe accident and was
so injured that hewas only worth $50,
after; and it appeaed that p'aintiif had
expended 500, in aid about doctorir g the
horse. Defendant introduced evidence
tending to show tlaithere had been severe
| snow storms about the time of the acct
| dent and the road on which it occurred
was a cross road. Defendant also claimed
that the road ha6 been broken out since
the last storm pror to the accident and
was in good repairfor cross road in the
winter. Defendants also introduced evil
dence tending to how that the plaintiffs
horse was worth not more than 500 at
the time of the accident, and had since
fully recovered. Verdict for defendants.
Field x Tyler and II. II. Wheeler for
plaintiff. Geo. Howe aud A. Stoddard
for defendants.
Rosanna NJ Williams, Executrix, apt.
VS.. Roswell Robertson, ct. als.-Appeal
from decree of the Probate Court disal-
lowing an instrument purporting to be the
last will and testament of William II. Will
liams late of Williamsville, Vt. 1t APP
peared that the will was made April 18th,
1864, and the testator died in December
1866, leaving a wife, two children and the
representatives of three deceased children,
all the children being by a former wife.
The testator by the terms OF the will de-
vised the bulk of his property, about A.
600, to his wife and the balance, about
$4,000, to bis children. The only question
in the case was whether the testa.or pos
sessed sufficient mental capacity to make
a will at the time it was made, and on this
point large number of witnesses were
examined. The case was put on trial
Wednesday morning the "a inst, and was
given to the jury on Tuesday afternoon,
9Th inst, at o'clock. The jury after an
b ours delberaion found that the instru-
n tent in question was not the last will and
testament of William III. Williams and
sturned verdict for the contestants. A.
S toddard and Clarke & Haskins for pro-
ps,nent. Field & Tyler, C. N. Davenport
and III. Ii. Wheeler for contestants.
This being the last jury case the jury
in attendance were discharged on Tuesday
at o'clock p. NJ, and the Court business
commenced.
Issue TO THE CoURT.-John Smith VS..
Charles B. Ballard.-Action of book ac-
count heard by the Court. The plaintiff
exhibited his account against the defend
ant for LOG days labor at five shillings per
day. Plaintiffs evidence tended to show
that between Nov. s, 1864 and March 20,
1865, he performed the labor in question
for the defendant. He admitted that he
had been paid by the defendant $40 at one
time and afterwards So, and that defend
ant had purchased for him an ak and two
helyes and claimed that this was all he
had received in payment for his labor.
The defendant introduced a memorandum
book containing his account with the plain
tiff, showing small balance due him from
the plaintiff and claimed that such was the
fact. On close inspection of the defend
ants book the Court found that the origin
al entries therein correspond with the
plaintiffs testimony and that such entries
were partially oblerated and changed.
Judgment for plaintiff S9425. Field &
Tyler for plaintiff. Geo. Tenney for de-
PENDANT.
Simeon Adams ct al. VS.. William II.
Waite.-This cause came before the Court
on motion of the plaintiffs for cer,ifi-
cate ordering the defendant in close Jail
confinement and on motion of defend
ant to be allowed TO take the benefit of the
poor debtors oath. Before the hearing
was finished, the counsel for plaintiff asked
for continuance of the cause ON the
ground of a surprise which motion was
granted by the Court. Field & Tyler and
Z. N. Davenport for plaintiffs. H. z.
Stoughton for defendant.
Probate Court for District of Marlboro.
BY L. c. Shearer and wife, prosecutors.
VS.. Jerry T. Noyes.-This was an action
brought upon the defendants Probate
Bond, as Executor of the estate of James
Noyes, to recover legacy of $50 due the
wife Of said Shearer. The defendants
evidence tended to show that said legacy
had been paid and adeemed by said James
Noyes in his life time. Plaintiffs evil
deQce tended tn az ow fbat oil ,,ax...