Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1873-11-22
Court Record.
COOS coUNrr-soUTnERN JUDICIAL DIS
lhlAI.
Hon. W. 5. LADD, Z. j.
TRIAL OF CAUSES.

TRIAL OF CAUSES.
JuleHe Sterens q. Jdmes M.JoLn-
son. f. +. Merrill. plaintiff 10 inter-
ests. Trespass for cutting timber on
land near defendants mill, to which
both plff. and def. claimed title, and
produced deeds to prove same. Up
on the questions of fact submitted.
the jury returned a verdict for plff. for
s26265. Questions of law reserved
by the Court. Burns & Haywood for
plf. Ray, Drew & Haywood for
deft.
Daniel Green The Grand Tfunk.
Raii,c0y Company. Action to recov-
er damages for killing plffs horse in
Berlin, June 10, 1870. Plaintiff
claimed that the railroad was not
fenced, in consequence of which, the
horse got on the track and was run
over by the cars. Verdict for plff.fo
S102.42. Fletcher & Haywood and
Burns & Haywood for pltf. Ray &
Drew and Bingham for def.
". X. Richie, .. George Spread
bury. This case, which was simply a
question of an account. had been tried
before a justice court, from the deci-
sion of which def. appealed. Verdict
for def. Crawford 70 plff. Fletcher &
Haywood for deft.
James ". abbott, q. Franklin H..
Stone, pr. and W. w. Pike trs. To
recover for pasturing defts. COW four
seasons. The defense set up was,
that plfs. pasture was not fenced and
it was simply case of trespass.
Trustee charged with SIS, by agree
ment. Verdict for plG. for S13.44.
Crawford and Bingham for plf.
Fletcher & Haywood for left.
To,Un Of Jefferson, .. John GoodaH,
G. l.. Plaisted and William Gray,
Action to recover balance of some
$1.100, claimed by the town to be
due from Goodall as Tax Collector
in 1867. Messrs. Plaisted and Gray
were sureties for Goodall. This case
was tried before the Court, who has
not as yet rendered his dicision.
Burns and Haywood for plf,. Fetch.
er and Haywood and Ray & Drew
and Benton for def.
THE ELwELL MURDER CASE
Came up on Saturday. On the adj
vice of his counsel and by consent oil
the prosecution, the prisoner retracted
his former plea Of "Not Guilty" and
pleaded guilty Of Manslaughtcr ii
the first degree. The Court, however
desired to hear the testimony concern
ing the ARRAY, before passing sentence
and nearly the whole day Saturday
was occupied in examining witnesses
From the testimony adduced, both by
the prosecution and defence, It ap
pears that Elwell and man by the
name ofHunt, both living in Randolph
were on their way home from Gorham
where they had spent the day, ant
stopping at the store Of Peter Fife
near Lary's Crossing, fell in will
Peabody and Scotchman. Peabody
and the Scotchman assaulted Hunt anc
accused him, when teaching school il
: Shelhune, Of having punished
Peabody. Elwell who was in hi
wagon when the row commenced got
out and took Hunts part. Hunt anC
the Scotchman stepped out, and lief
, Elwell and Peabody to fight it out
f Peabody struck Elwell severe blow
on the forehead, which started thu
blood, and broke away from him. El
we'll stepped back and sat down a mo
ment, then started towards his team
but took a sudden turn towards Pea
body, drew a dirk and stabbed him
inficting a wound from which he dice
the next day. Both Elwell and Pea
body were intoxicated. Elwell denie
any knowledge of what transpired al
: ter he was struck by Peabody unit
f he found himself at home, next morn
, ing.
Several witnesses were examined
to show the previous good characte
Z of the respondent. The case was al
5 guel by II. A. Fletcher and OssiaI
Ray for the respondent, and A. S
Twitchell and Solicitor Aldrich 70
The State. Judge Laid gave motto
, that he would sentence the prisone
f at the opening of the court, Monda
3. afternoon, on which occasion th
court room was crowded with specta
tors.
Before the sentence was read by th
! Clerk, Judge Laid addressed th
:, prisoner as follows:
o ELwELL:
have very carefully considered the ev
, dence that has been laid before me respec
II ing the circumstances attending the commi
p sion of the dreadful crime of which you hay
pleaded guilty. have also weighed ever.
thing that has been urged upon me in IL
earnest and eloquent appeals that have bee
q made to the Court on your behalf by yol
counsel; and am now to say to you that a
that has been done has failed to make an
y very great impression on my mind. The gref
!. and terrible tact stands before me that yol
, hands are red with the blood of a fellow-mal
~ that in ia king the life of your victim W
4 made use of o deadly weapon in a mann
~ which, if You were in the full possession
your senses, showed you to have heart t
tally bent on mischief, and no better thu
that of a savage or wild beast 1t has bee
shown that you were intoxicated at the tim
and you say you have no memory of doil
the bloody deed.
think your mind was clouded by drin
that you were for that reason more easily e
i cited 1nnrn rncLl eaa q Tho rpfnr IN ore llr