Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-03-27
Rutland County Court.
MARCH TERM, 1873.


Hon. HoYT H. WHEELER, Chtef image.
Isaac G. WHEAToN' assistant Judges.
THURSDAY, March 20M.-The entire
session of the Court, both morning and
afternoon, was occupied in hearing evil
dence in No. 287, T. w. Miller V. Henry
G.. Lapham ct 0I
Friday, March 218t The entire SEES
sion of the Court, both morning and
afternoon, was occupied in hearing the
remainder of the evidence in No. 2S7,
L. w. Miller, as Henry G. Lapham
ct al
Saturday, March 22d-The only bust
ness done in Court to-day, was the dis
cussion of some law points before the
Court, by the counsel on both sides, and
the opening argument to the jury by
E. J. Phelps for the plaintiffs, in No.
287, T. & w. Miller u.s. Henry G. Lap
ham ct al. At about eleven o'clock a.
M, the Court adjourned to half-past
one Monday afternoon, March gath.
The case viii then be argued by Edwin
Edgerton and Daniel Roberts for defend
ants, and Edward J. Phelps for the
Monday, March 24M.-The Court
went in at half-past one, and upon mo-
ton of States Attorney Ormsbea, John
A. Munger and John F. Munger were
arraigned upon an information for an
assault upon Royal w. Pitts, of Sud
bury. The respondents both pleaded
guilty and it was stated in mitigation
that they, or one of them at least, were
intoxicated by liquor obtained at the ho-
tel of said Pitts. The Court fined John
A. Munger forty dollars and costs and
the other twenty-five dollars and costs.
In passing sentence Judge Wheeler said
that the Court took off nothing from the
penalty on account of the intOXiCatiOn,
that voluntary drunkenness was no eX-
cuse for a crime, but if the Court had
the hotel keeper BEFORE them, and the
offense was regularly proved against
him, the Court could administer the law
in his case.
At two o'clock, Daniel Roberts COM
menccd his argument for the defendants
in No. 267, T. and w. Miller as. Fl. t.
Lapham, ct al, and continued speaking,
until the adjournment. The argument
will be closed tomorrow by Edward J.
PhaI,lo far, Ialointiee- The oaao has boon
very unfortunate for the counsel en-
gagged in it. 1t was expected that Col.
Joyce and Mr. Phelps would argue for
plaintiffs and Mr.. Edgerton and Mr..
Roberts for defendants. On Friday last
| Col. Joyce was taken sick and forced to
abandon the case. This morning Mr.
| EdgertOn was unwell and unable to be
in court at all to-day, and Mr.. Phelps
was brought into court by two men, be-
ing scarcely able to stand upon his feet,
much less walk. Mr. Roberts was the
only able bodied attorney connected with
| the case.
TUESDAY, March 25h.- This entire
forenoon was consumed in the argument
for the plaintiffs in No. 2S7. r. and w.
Miller as. II. G. Lapham ct al. In the
afternoon the case was given to the jury
under the charge of the Court. After
an absence of about two hours the jury
returned a verdict for the plaintiffs, and
assessed the damages at seven thousand
seven hundred dollars, an increase of
50, 450 over the verdict given on the
previous trial. The next case was that
of Mary Willard as. School District No
13, in Wallingford. This is an action of
assumpsit to recover for teachers
wages. Miss Willard engaged to teach
the school in defendant district for four
teen weeks, from Dec. 4, 1871, for ten
dollars per week. She taught about
two weeks and was discharged by the
prudential committee, and the case in
wolves the question of what is a lust
cause for discharging a teacher, and also
the question whether the direction and
authority of the town superintendent is
superior to that of the prudential com
mittee in determining the course of
study in the district school. Nicholson
and Baker are attorneys for plaintiff
and E. Fisher and n. B. Simons for de-
PENDANTS
The order assigning next Wednesday.
March 26, for the trial of State as. ii.
+. Adams was vacated on account of
the sickness of Col Joyce and Judge
Prout.
Patrick Hogan pleaded guilty of as
sault and battery, and was sentenced to
pay fine of 1875 and costs.
Wednesday, Marcel 26.-The trial of
the case No. 1853, Mary Willard gs. Wal
lingford School District No. 10, apt,
was resumed and the evidence closed at
II o'clock a. m. The case was then
argued to the Court and jury by Joel c.
Baker and D. E. Nicholson for the
plaintiff, and Ebenezer Fisher and N.
z. Sinons for the defendants. The iury
retired after the charge of the Court, and
IN half an hour returned verdict for the
plaintiff for one hundred and forty-eight
dollars and seventy-four cents damages
and costs.
This finishes all the civil cases set for
trial by jury. The criminal docket was
called and the case of State gs. Warren
Il. Vaughan assigned for trial at nine
o'clock a. m. of Friday, March %.
The Court then took a recess to nine
O;olooIy TTh,,,cIaxr -, a,.,.