Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-03-17
Rutland County Court
MARCH TERM.

HON. HoYr III. WHEELER, Chief Judge.
Hon. JAMES K. HYDE, ! aod n,aoes
HON. BRADLEY FISH, ~ 1910
Wednesday,, March 9.-The Court con-
vened at 8 o'clock a. m. The case Of
Nathan H. Churchill 0S. John Cleveland.
An action Of trover for the recovery OF the
value of yoke Of oxen with claim for
damages. The sessions of the day were
spent in taking testimony and in argu-
ments of the counsel The case was
argued for the plaintiff by r. V. Marsh
and Charles FL. Joyce. For the defendant
bv A. A. Nicholson, after which the Court
adjourned until o'clock Thursday morn
ing.
Thursday, March 1OM.-The case of
John P. Wood as. John Provost ct al.
came up for hearing. This was an
action of assumpsit for the recovery
of the balance of money due for a
quantity of hay sold by the plaintiff in
1866, to Lewis Provost, an irresponsible
party, brother of the defendant. The
case was argued by Charles Ell. Joyce and
r. r. Thrall for plaintiff, and w. ID.
Smith for defendant. The jury rendered
a verdict for the plaintiff of $49.56, to be
recovered from Lewis Provost, the appel
liant John Provost being proved to be no
party to the original contract for the hay,
and hence not holden for the balance due
the plaintiff. Joyce and Thrall for plain
tiff, w. II. Smith for John Provost.
THURSDAY, March 1O.-The Court
opened at o'clock a. m. Judge Wheeler
charged the jury in the case of Churchill
gs. Cleveland. The jury retired and after
brief absence brought in verdict for
the plaintiff for $3.50 and his costs.
George L. Fletcher, R. V. Marsh and
G. H. Joyce for plaintiff. Edgerton u
Nicholson and J. @. Hawkins for defend
ant.
N. A. Buckliu vs.. town of Sudbury. In
this case Warren Daniels of Rutland, and
Benjamin Billings, were drawn rs tails
men on the jury. This was an action OF
assumpsit to recover town bounty. The
plaintiff was soldier in Company Ii, of
the 5tL Vermont regiment, and served
the, original term Of enlistment of that
regiment, and ON the 18th of December,
1868, with many of hi~ oomrad9s, re-en-
listed for three years or during the war,
he placing himself to the credit of the
town of Sudbury, under a new call for
a. - 3 nnao,,, ho,-
1868, at "a town meeting held in Sudbury,
a bounty of five hundred dollars was
voted to fill its quota of eight. Mr. Buck
lin claimed that he re-enlisted under that
town of Sudbury under that call. On his
return home with the regiment on fur
Tough, he was informed by Mr.. Grimm,
one of the Selecttnen. that the quota Of the
town was already full, and that the town
had no authority to raise men ut that
time He retained TO the service, receiv-
ing no Town bounty, and this suit was
commenced to recover the amount from
the town of Sudbury. Mr.. Bucklin claims
that MS he was mustered on the 10th OF
December, and that as the muster-rolls q
ths eight men raised at home by the
Selectmqn, nI6 mustered into the service
at Brattloboro did not reach : diutan-Gen-
eral, Washburn's office until the l=th of
January, he should be counted on the
quota on qaaa4Ht of priority of muster.
The defense is thai, though Mr.. Buck
II. .,l;.+ 80, tho 1EtJ ~ ItappY1 hpT
1863, the Selectmen of Sudbury were not
appraised It the fact until the last of De-
cembef, when tnay bud dispatched to the
m,sterinx Office at Brsr'ipboro the full
quo.a 81 men also, they having II" knqWl-
edge previously of his intention &c place
himself to the credit of Sudbury he had
no claims upon the town, aud further,
that he had stated that he re-eDlsted for
the sake of obtaining a 80 or 30 days fur
louyh nn1 the government bounties only,
After hearing the evidence and an nrgu-
meut Co the court ON law points by Il. j.
Phelps for defendant, and Dunton and
yea2ey tor the plaintiff, the court directed
verdict ,.,r plaiptiff for $500 and inter
est. T. t case 4oes 4p VA a&oeptiops.
Duutou and Veaz.y aud J. Q. Hawkins
for plaintiff, Briggs aud Ormshee and E.
J. Phelps for defendant.
Friday, Mdrch 11M,-The case on trial
during the day was Addie M. Hathorn
vs. Henry f Smith. Claim of damages
of $4,000 Car malpractice. II appeared
from thu cg,dpnp" thtt tn" pluntltt
claimed that IN August, 1866, ibo dntend'
ant, who il II practicing physician OF
Castleton, uuderto * the talk OF prepar-
ing the socket of the plaintiffs left eye,
the sight of which had been destroyed by
sickness in childhood, FIR the reception
of an artificial eye, and, notwithstanding
that he guaranteed ii good result before
commanding the operation, had not onl y
utterly failed to acpoipplish the purpose,
but had inflicted upon her inucn bodily
pain and suffering and disigured her for
life, rendering the organ forever incapa-
BILE of receiving the artificial organ, and
causing her great expense of money, for
all Il which she lays her damages at the
sum ab,vo stated. The defense is that
DR.. Smith ptnmised only possibility of
n GOOD result. thai the case was hard
one to undertake, and that only by per-
forming the operation could it be deter
mined whether successful result would
be produced or not, and that though the
operation failed, the plaintiff is in no wise
injured thereby. The testimony was all
in last evening, and arguments made for
the plaintiff by D. E. Nicholson, and Tor
the defendant by G. M. Willard of Castle
ton. G. II. Joyce commenced the closing
argument for the plaintiff, but had not
concluded at the adjournment of the
Court. He will finish this morning,
when, after the Judges charge, the case
mill no submitted to the Jury. Prout,