Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-04-21
Rutland County Court.
MARCH TERN, 1870.

HON HON: i bhaDln x: F HzRH' Asst Judges.
Tuesday, April 13M.-The morning
session was occupied in hearing of court
cases.
at the afternoon session the case OF
the Town Of Pittsford vs.. Town of Chit
tendon, for keeping pauper was COM
menced, but was brought to an abrupt
termination for want of sufficient evidence
on either side, and the case was continued
to the next term. The Plaintiff to pay
its costs for the present term.
Edgerton and Nicholson for Plaintiff,
Dunton and Veazey for Defendant.
The next case was Nathan T. Sprague
appellant VS.. Administrators of Rufus Goss.
After reading of papers and arguments
of counsel, the Court reserved its decision.
The Court then took recess until 9
o'clock Thursday morning.
Thursday, april 1.-THE court occu-
pied the day in hearing cases which had
been set to it for trial, none of which were
of any considerable Importance. In the
afternoon the court listened to argument
in the case of George Butterfly, indicted
for murder, the prisoners counsel, G. II.
Joyce, demanding trial at the present
term, and the States Attorney, 81. G..
Wood, asking for a continuance to an
other term, and expressing willingness
to admit the accused to bail. Upon it
being shown the court by Mr.. Joyce that
an admission to bail was virtual contin-
uance of the case and confinement of the
prisoner to another term of the court, His
Honor, Judge Wheeler, after consultation
with his associates, ruled that the prison
er, in view of his long incarceration,
should either be tried at the present term
or released on bail upon his own recogni-
zance. The States Attorney then ex-
pressed his willingness to try the case,
and asked till Monday for its further con-
sideration.
The court, at 6 P. m, took recess till
Saturday morning at o'clock.
SATURDAY, March 16h.-The court con-
vened at o'clock a. m. The case of
Starkbuck Brothers q. James Trask,
| (trover) was argued by Edwin Edgerton
and A. A. Nicholson, for plaintiff, and
John M. Tyler of Brattleboro, for defend
ant. The decision was reserved. At
noon the court took a recess until 2
o'clock p. m, to-day Monday.
Monday, Apra 18M.-In the case OF
Martin o. the Town of Wells, the court
ordered judgment rendered for plaintiff
of S91.19. Exceptions by both parties.
In the case of Starbuck Bros. o. Trask,
the court directed pro .tornaa judgment
for plaintiff of S67431 and interest, SUBJ
ject to exceptions by defendant. The tes-
timony in this case was heard Saturday
forenoon, after which arguments were
made for plaintiff by Edwin Edgerton
and G. n. Joyce for plaintiffs, and J. M.
Tyler for defendant. The counsel in the
case were Edgerton & Nicholson and @.
H. Joyce for plaintiffs, and Field & Tyler
of Brattleboro for defendant.
In the case of Howard q. Lyon and
trustee, assumpsit, judgment was rem.
Hawkins for plaintiff; Edgerton g. Mich
olson for defendants.
In the cases (99 on the docket of Eben.
ezer Howe o. Daniel D. Whitker and
116) of Daniel D. Whitker o. Ebenezer
Howe, the court held that Whitker had
not exercised due diligence, and that the
cases could be continued, provided Whit
ker in each case pays Howe's attorneys
fees for the present term, and if he finally
RECEIVERS, he to deduct from Judgment
Howe's costs. G. FL. Joyce for Howe R.
r. ThraIl for Whitker.
The case of Elisha Rich o. Morris Sui
livan, an action for trespass, was contin-
ued, defendant to take no costs, and if he
finally prevails in his suit, plaintiffs costs
of present term to be deducted from
judgment Briggs & Ormsbee for plain
tiff; Ira W. Clark and W. G. Dunton for
defendant.
The case of Elk. of Artemas Carpenter
q. Andrew Moore, ct ais, apis, came up
for hearing soon after the meeting of the
court, and up to adjournment last evening
the testimony was not all in. 1t is an APP
peal from the allowance of the last will of
ARENAS Carpenter, the appellants seeking
to prove he was, from disease and mental
disability, at the time of its execution, in
capable of making such disposition of
his property as he would were he in the
full possession of bis natural faculties
The testimony will be resumed this
morning and the case probably concluded
some time during the forenoon. John
Prout and W. II. Smith for Elk of will
and Edgerton s. Nicholson and M. G.
Everts for appellants.