Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1873-09-12
sy.S,YDEg.s.B COU.yTX' COURT

The Fall term of the County Court COM
menced Tue day. 1.-THE court! is held by
Hon. James Barrett, Chief justice, Hon.
O. L. Howard and Hen. L. Il. Bntteriiold,
Assistant Judges. Upon the calling of the
docket over eighty cases were set for the
jury. Seyenty-hve new cases were enter
ed. The grand jury are as follows:
Elcazer Gorham, Wilmington, foreman
Elijah T.. Shattuck, Athens; Geo. Clark,
BrattlebUro; John X. Stebbius, BroOkline;
sydney ii. Sherman, Dover; Rufus Scott,
Dunmerston f; John l.. Butterileld, Graf
ton ; Martin Richmond, Guiliord Albert
II. Hager, Halifax; Warren G.. Cushing,
Jamaica Holland Plimpton, Newlane; ST.
mon w. Houghton, Putney; John c. De-
voll, Rockingham; Oscar X Garfield, Town
shend; w. G. Johnson, Wardsboro Wal
terGillelt, Whitingham; Asa Smith, Wind
ham.
Petit jury.--Abraham Stevens, Athens
Henry Burnham, Frank Brooks, Willard
Arms, Bratteboro; Luther Osgood, Brook
line; s. III. Lazelle, Dover; ID. l.. Mans
field, Dummersion; Sidney Holmes, Graf
ton; Henry Cook, Guilford ; Geo. p. Wor-
den, Halifax Abijah Muzzy, Mark Liver
more, Jamaica; j. w. Melendy, London
derry; Chas. p. Whitney, Marlboro: John
II. Merrideld, Newlane; James X. Hough
ton, Putney NJ. George, Geo. &. Bidwell,
II. b. Forester, Stratton; Francis Kidder,
Townshend Chas. Jackson, Vernon I;
Franklin Johnson, Wardsboro; Herbert
p. Dinsmore, Westminster; Henry Stick
ney, Nottingham; ID. w. Warren, e. c.
Sargent, Wilmington Benz. Pierce, Wind
ham.
Russell Clayton as. S. Waller Scott, ct ais.
This case was an action of trespass for
false Imprisonment. The testimony show
ed that tho plaintiff was arrested at his
| home in Westminster on or about the lst of
June, 1870, on writ of execution, and
| transported 10 Bennington and confined in
| the county Jail located there. 1t further
| appeared that the judgment upon which
said execution was taken was wrongfully
though legally obtained that the execu-
| ton was placed in the hands Of ar officer to
| serve after petition had beenlserved upon
the said Scott to vacate the judgment u pom
| which it was founded; that the officer
| served the execution by arresIluy Tue plain
| tiff Clayton, and unlawfully delivered him
| TO the keeper tof the Jail in Bennington,
where he was kept for week before his
| counsel could take measures to liberate
him. The Jail was in such shameful con-
| diton that it was unfit to put any person
| into, and the testimony disclosed facts that
| made it a disgrace to the county and State.
| The plaintiffs evidence tended to show
that all of the defendants had full knowl-
| edge of tn G manner in which the execution
was obtained, while the defendants evil
| dence tended to show that the officers, Dan
iel c. Carpenter and j. II. Carpenter, acted
in good faith in causing the plaintiff to be
arrested. The Court directed the jury Ia
find verdict of guilty against the officer
| Daniel G. Carpenter, on the ground that
Clayton could not be legally imprisoned
out of the county in which ho resided and
where he was arrested. Tho jury render.
ed verdict of guilty against all of the de-
PENDANTS, and that the plaintiff recover
SlO3.5O. Read, Field Il Tyler for defls; c.
N Davenport and A. Stoddard counsel fol
plfT.
4, @. Hoamrd as. ChdS. u. Iyler.-Thi,
was an action of trespass al ct drnlts fol
driving upon and injuring the PLAINTIFF
carriage The plfi.'s evidence tended tC
show that the plfi.'s wife and her siste
were at Brattleboro tho last of October
1871, and that the carriage stood on Mali
street in front of the residence of Mrs. Dick
erman, close to the sidewalk that while
one of the ladies was in Mrs. Dickerman'
house heavy baggage wagon with fou
horses, driven by the def, struck tho car
ciage of the PIN, turned it partly over anC
passed on. Tho den.'s testimony tended
TO show that while Tyler was passing tn
carriage the horse attached to the plff.'s car
rage backed foot or two, thereby causi n,
tho collision. Case with the jury. A. an,
IL. w. Stoddard counsel for pln, G. N. an,
George w. Davenport for delt.