Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-03-31
Rutland County Court,
MARCH TERM, 1870.

LIN. AAoiA -. w HEELEh, OItCcJ oUUyc.
Hon. JAMES pn K. HYDE, } Asst. Judqes.
Wednesday, March 23d.-The jury in
the case of Stearns o. Potter, returned
with a verdict which was handed
to the court and read, when the court
sent the jury back with instructions 10
find whether the defendant agreed to pay
the plaintiff $500 to settle, and whether
the $50 paid was paid under such an
agreement. The jury returned with a
verdict that they did SO find and $275.60
damages for plaintiff.
Morgan Price was then sworn in as a
naturalized citizen of the United States.
The case next taken up was that of
Bucklin o. Promo, in which the plaintiff
claimed $40 damages for defect in a
wagon purchased in May, 1867, of the
plaintiff, and which according to his tes-
timony proved inferior to the representa-
tons of the plaintiff at time of sale. The
case was submitted to the jury about 3
o'clock, and that body came into court at
p. m, stating that they were unable to
agree The Judge further instructed
them, and they again retired. They will
probably bring in verdict this morning.
Fisher and Edgerton for plaintiff; Joyce
and Simons for defendant.
At the opening of the afternoon session
of the court, John Dogan of Poultney, was
sworn in as a naturalized citizen of
the United States.
Mary Ann Stocker and Mary Ann Cliff
ford, were on complaint of States At
torney Wood, brought into court to an
swer to the charge of grand larceny, in
stealing clothes from the clothes line of
Elizabeth Howe on the night of Nov. LIST,
1869 to the value of $50. To the charge,
both defendants plead guilty.
The case next for trial, and now before
the court is that of Daniel P. Eddy o. Ed
win Wilson. 1t is an action of replevin,
in which Wilson seeks to recover the pos
session of three head of cattle, which he
in the capacity of school district collector
of district No. 2 of Clarendon, distrained
from Eddy to cover taxes which Eddy
had refused to pay, and which cattle were
subsequently taken from Wilson's pos
session and restored to Eddy By writ of
replevin. Dunton & Veszey and Smith
for Eddy; Edgerton and Nicholson for
Wilson.
Thursday, March 24h.-The jury in
the case of Backlin o. Promo, after being
out all night, came into court and again
announced that they were unable to agree.
The court further instructed them and
again they retired, to return at noon with
similar statement, when the Court dis
charged them from further consideration
of the case.
In the case of Eddy o. Wilson, after ar
gument on law points, respecting the adj
mission of certain testimony, the Court
directed a verdict for the defendant, with
enc cent damages and his costs, the cat
tie replevined to be returned to him.
The remainder of the day was spent in
taking testimony in the case of Africa
Davis o. Albert Noyes ct ais, case which
creates a good deal of interest, the court
being crowded during its hearing. 1t is
suit for damages, in which the plaintiff
seeks to recover for assault and battery
committed on him by some II persons in
Pittsfeld on the afternoon of July 25th,
1866, with rotten eggs and other missiles.
Joyce and Simons for plaintiff Edgerton
and Nicholson for defendant. The most
of to-day will probably be1occupied with
the case.
Friday, March 25h.-The day was oc-
cupied to the close with the case of Davis
q. Noyes, ct ais. The argument was made
for the plaintiff by n. P. Simons, and for
the defendant by w. G. Veazey and Ed
win Edgerton G. Fl. Joyce closing for
the plaintiff The court then charged
the jury, and leaving the case in their
hands, adjourned to nine o'clock this
morning, with instructions to the jury, if
they agreed, to seal their verdict and
bring it in this morning.
In our report of this case yesterday we
inadvertently omitted the name of W. G.
Veazey as counsel for the defendants.
Col. Veazey was counsel throughout the
case and made good effort in their be-
half before the jury yesterday.
Saturday, March 25h.-The jury in
the case of Davis Q. Noyes, ct ais returned
a verdict of S95 and costs for plaintiff.
A large number of the jurors drawn at
the commencement of the court were
49,. l;.aka-o5 o,d T,1r.a yVboala- ax-
pressed to them for himself and his asso-
ciates, his thanks for the faithful and
prompt smanner in which they had dis
charged the duties which had come before
them.
The case of VIM. o. Harrison o. Henry
G. Harrison was next taken mp, and at
the adjournment of the court the testi-
mony was not all in. This is case of
trespass, in which the plaintiff seeks TO
recover damages for an assault committed
on him by the defendant, May Goth, 1869.
Edgerton & Nicholson and Joyce for
plaintiff; Dunton & Veazey for defend
ant.
The court at IL m. took recess till ?
P. m, to-day.
Monday, March 28h.-The Court AS
sembled at 2 o'clock p. IN. The trial OF
the case of w. G. Harrison o. Henry G.
Harrison was continued. The entire ses-
sion was occupied taking evidence, with
out concluding it. The case will proba-
bly, occupy nearly all of the session to-
day.
Late News Items.