Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-04-08
Iowa County Circuit Court.
March Term, 1870.
State Us. WIN. H. Phil1ips-Important
Road Case.
ADAMS VS.. ADAMs-.TREsPAss SUIT.
OTHER IMPORTANT CASES.
lReported expressly for the Chronicle

OTHER IMPORTANT CASES.
lReported expressly for the Chronicle.]
State of Wisconsin VS.. Wm Fl. Phillips
Jury trial The following are the names
of the jury:
William L. Williams, A. Allison, Lons Boureault
W. II. Pridelux, J. B. Underwood James BeIE wn,
| R. Faragher Phillip Allen. Jr., B. s. Butterfefd, L
Leaurance, Robert Hamilton, Joseph Van Metre,
This action was brought to recover tn,
penalty of $25 for a wilful obstruction O
highway, under sec. l0l. chap 10, revised
statutes. Mr.. Weber, defendants counsel
said he expected to prove the road in ques
ton had not been in use long enough tC
establish it highway, and that this action
was commenced III the month of March
1869. 1t was therefore an appeal CASE
The public hard not been confined to one
track bat on the contrary, gone all otef
| the 40 acres Of land.
Witness for the plaintiff, James McMul.
len, was then sworn and testified as fol.
! lows:
Have known this highway since the
year 1919, it had been used as pub
lie highway during all that time. 1t was
we'll beaten track and did not vary a
great deal, put always had been travelled
about the same place. There had been
considerable work done on the road by the
town. Three bridges had been built and
kept in repair, and hillside had been
plowed down. 1t is and has been the pub
| lie thoroHghfare for ID or Is years to their
market town, Mineral Point Mr.. Phillips
| first put afence across the road last spring,
saw the fence had been put up. The wit
| ness and Mr.. Burns tried to pass through,
Mr.. Phillips told them they could not pass
through, aaRd tina; it was no road, came to-
| ward them with pole in his hand. That
defendant struck Arthur Burns on the
head with Che pole and Knocked him down.
Crossed examined by Mr.. Weber. Wit
| ness had an ak with him for the purpose of
breaking down ths fence. The hill was
dug down 3 or 4 years ago. Work had
been done on the road by Mr. Philli. S and
others. There was work done on one of
the bridges l0f years ago Have known
the land % years, and during that time
have always travelled the same road don't
remember to have travelled any other road.
| There is a kind of road around Mr.. Phillips
field, but don't want that road, we never
considered it the road told Phillips he
would n, I go through again until the boa, d
of commissioners had been called out.
Arthur Burns sworn, testified: He has
known the road in question since 1872
The road was Laird out in the year 1850. 1t
was used as highway before that time
In June, last, Mr.. Phillips fenced up the
highway that they had been accustomed
to travel to get to their market town. The
road had been worked by the public au
thority for several years never assisted in
surveying the ROAD, sat knew Mr.. Comfort
| had surveyed the road. After gong
through did not zee Mr.. Phillips put up
the fence again never heard him say he
put it up; heard Mi. Phillips say that the
fence was his. and that %itfteSs should
not 90 through; witness said he would,
whereupon defendant struck witness on
the head knocking him down. The road
! had been in the sam" place for many years.
Cross examined There are three bridges
on the road. Was going from Mineral Point
home, when Knocked down; took an AK
with him TO break the fence down with
travelled on the SAME track for many years.
There is no good track around the field
have worked on the road 4.,or years ago.
| Sometimes sober sometimes drunk; mel
| Their drunk or sober at that Particular time
about baff and half. There was q biidg.
iuilt about Is years ago, and work
done on the road.
Richard Sanguinc sworn, and says: Tie
has known this particular road % years
known it 70 haye been pubic road during
| all that thine known work to have been
| Il ,no ~, ~, ,>,,i,I;o ~, tb;c GOOD IL III.
| regular highway. The 80 acres was VA
cant until sometime last spring, when Mr..
Phillips fenced it; he also fenced up the
| road told defendant he would bet him a
| S, 900 the fence would be broken down
again defendant told him he had better
bet his small change first. Witness said
| the thousand dollars, was the smallest
pile he had. that he had worked hard for
it. but was willing to risk it on the fence.
| Cross examined. Travelled the road %
years ago, used to go wherever we wanted,
I tn. land was not considered very valuable.
| The defendant refused 20 take up my bet.
Wish he had taken it.
| Samuel FitzSimons sworn, and says: lie
has known the road 6 years; the defend
ant told him he was going to fence up the
road, told defendant he had better not as
he would take it down, but he desisted, as
there was two to one, thought BE had bet
ter leave Never travelled around the field
Cross examined. The road WAS moi
confined to any one track all the time, but
was for g or s, years; have sometimes
| gone up the ravine to avoid the ,hfl)::;; there
| were three bridges on the road. Defend
ant told him he would have the board lay
out a new road. He took the fence partly
down, was stopped BY defendant and an
other man.
WIN. Berry sworn. Had known thu
road 20 Years; L had been used and
worked as highway all the tim. had
worked on it; defendant fenced up the
road last Spring; was overseer of high
ways one year, road not Always run in
same place. ,
Cross examined. There We're som,
tracks around the field saw dcfendan
fence up the road. saw him drive the nails
| Court adjourned.
THURSDAY AFTERNOON.
John Hoar sworn. He was town clerl
of Mineral Point, he kept the records.
The counsel for the defendant objected t.
the records being used as evidence, as Their
was no legal record of the road, the stat
utes not having been complied with, AM
: the petition and other important paper