Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1871-10-20
County Court.
OCTOBER ADJOURNED TERM.


entire premises during that time. Yer
dict for plif. 500. IN. Davenport and
G. w. Davenport for plff. w. G. Dun
ton and G. B. Eddy for def.
Dwight N. Connable rs, Charles Bah
cock. Action of trespass on the case for
uttering slanderous words and publish
ing a libel. Decentralization. The
declaration contained three counts. The
first count charged the def. with speak
ing the words, dwight took false oath
at Greenfield" The second count charg
ed the words, Dwight swore falsely at
Greenfield" The third count charged
that def. published the following libel;
"DwIGHT's CHARACTER
Poor Dwight is known all over town,
His tongue is prone to evil,
It's never still. but lie he will,
Inspired by the devil.
mean, depraved and dirty knave,
well known perjured villain.
His pate It's true is shallow too,
His heart is full Of evil
And filled we sec with perjury,
AHu tStnHetNu ~ NAo uSfhs
The plff is young man residing in
Bernardston, Mass, and is distiller of
cider brandy. The deft. is an old man
seventy-nine years of age, living in Gull
ford. He is a strong temperance man
and possesses literary talent of no mean
order, as will be seen by the above pro
duction. The case showed that in June
1870, deft went to Bernarnston depot to
take the cars for Connecticut. Owing to
some mishap the train started leaving the
old man at the depot. The plff. intimat-
ed to the def't that he was drunk or he
wouldn't have been left, and wordy alter
cation ensued. They encountered each 9th
er on their way home the same day. The
def't. swore that the plf. got out of his
wagon and struck and kicked him severe
ly. The plff. denied touching him. Con-
nable was afterwards arrested and tried
before a magistrate in Greenfield for the
alleged assault. He was fined 50, and APP
pealed to the superior court in Franklin
county, Mass, and a aolle prosequi was
entered. At the trial at Greenfield the
plff testified and denied making any as
sault upon the old man. The deft. then
uttered the alleged slanderous words and
published the alleged libel, and the plff
brought this suit. The def. conceded
that be spoke and published the word;
charged, but justified by alleging their
truth and this was the main issue tried
After an exciting trial the poet came out
ahead and the jury returned verdict
for the deft. G. N. Davenport and 6
w. Davenport, for plf. Kit. Haskin'
and G. E. Arnold for deft.
L. /. Davis rs. Thomas Judge Ac
ton of ejectment. The parties are ad
Joining land owners in Brattleboro. TIL,
plf"s. evidence tended to show that il
the summer of 1869 the def. erected {
barn upon his premises in such manne
that it projected upon the land of thu
plf., fourteen inches at one end ant
eighteen inches at the other for length
of twenty-one feet. Dett's. evidence tend
ed to show that his barn stood wholly up
on his own land. Verdict for the plfi
Kilt. Haskins and j. NJ. Tyler, for pltf
C. n. Davenport for def.
RolIin C. Tuthill Us. Henry Scott
Action on the case for diverting strean
of water. This case was tried at tn
September term 1870, of this court, ant
a verdict was then rendered for the deft
The judgment was reversed at the las
February term of the supreme court anC
the case remanded. We published
full report of the trial at the time. A
the trial this term the verdict was for tn,
plf. for one dollar damages. LIS. Walk
er and C. B. Eddy for plff. A. Stod
dard and j. NJ. Tyler for def.
The above case finished the work o
last week. The case of Webster Us. Hal
flax was put on trial Monday afternoon
but will not be finished in season for
report this week.