Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1874-07-18
Orange County Court, juno Term.

Hon. AsAHEL PECK, Chisf Justice.
Hon. Hon. u a. = X K' Sss1o A"oea's Judge.
Dam GAMnkLL. JR. States Attorney.
LYMAN @. HINcKLEY. Clerk.
SD. HKnARp, Deputy Clerk.
J.Q,A. Bass, SAsri1.
HExRY OvIArr. Reporter.
In our report two weeks ago we
Ommitted to give the names Of tue
parties to No. 1893, and we now give
them.
WEDNESDAY, July I.
No. 1893. Il. r. Hale vs. 0. II.
Watson, n. II. Collins, and o. L.
Jackson. For the cause Of action,
&C., soc our issue Of July 4th.
Thursday, July2.
Verdict for the plaintiff to re-
cover of the defendants, Watson
and Collins, a3ll.35 and costs taxed
at e25.9O, and that def. Jackson
recover his costs taxed at $2S.7S ; so
the jury did not think Jackson
signed his name to the note, or gave
his consent.
No. IS of the new docket, State
%. Aaron X. Martin, is the last jury
trial. This was an indictment for
burning set of buildings in Wash.
ington in May last. The prosecu-
ton Claimed that the respondent set
the buildings on fire with intent to
make something from theinsurance,
and attempted to prove that as q
motive. The whole proof was cir
cumstantia!, as the direct proof did
not show the respondent within six
miles of the fire.
Friday, July g.
No. So lasts through the day and
is given to the jury at night. The
jury return a verdict of "not guilty"
in few minutes, and the rsspon-
dent is discharged. States Atty
and Rowell for the prosecution {;
William and s. B. Hebard for re.
sp0ndent.
Saturday, July 4,
This day was observed by attend
ing to Court business. We will not
attempt to give the court cases in
the order they were taken up, but
as they appear on the docket-se.
Letting only the more important.
No. 80. John Montgomery vs. j.
s. Wilson, ct. al. Action of trespass
for driving lot of plff IS cattle with
in the jurisdiction of an officer who
then attached them on a writ
against the plff. Judgment of the
court, pro torn,a, in favor of plff. to
recover e2O8.O0 and costs. Except
ions by def'ts, and execution stayed.
Boyden and Denison for plff. Will
son, pro Sc, and Rowell for defts.
No. 81. Israel o. Abbott .. Harmon
s. Porter. Action of Book acct. J.
w. Rowell, auditor. Judgment in
accordance with the report of the
auditor that deft, recover $40 and
his costs Farnham for plaintiff ;
Gleason for def.
No. AZ. George ". Sampson vs.
Jonathan GilcArist. This is an action
for SANDER. The death of the deft.
being suggested, the suit is discon-
tinued without costs. Gambell and
Farnham for plff.j Harvey and
Clarke for def.
No. So. Cordelia d. Cook vs. 1o,cn
of Thevord. This is the suit for in
jury received on the highway that
was tried by jury in the early part
of the term, and a verdict of
81, 1888 rendered for the plff. A
motion was made to set aside the
verdict as being contrary to the ev-
idence, and on account of the mis-
conduct of some Of the jurors. The
motion was heard by the court and
was sharply contested. There were
affidavits on both sides. The mo-
ton was not decided until the last
day of the term. 1T was understood
that the members of the court could
not agree, and the court took a re-
cess of several hours to discuss the
matter. Finally the court came in
late in the afternoon of the last day,
Friday, July 10th, and the presiding
Judge announced that the court
were not agreed upon the motion
that he was of one opinion, and the
two Associate Judges of another.
The motion to set aside the verdict
was finally granted by the Associate
Judges in opposition to the opinion
of the Chief Judge. The counsel
for the plff., Hebards, Denison and
Martin, took exceptions to the rul-
ing of the court. Gleason, Rowell
and Clarke were for the defts.
This was quite an unusual pro-
nooJ;o l>.s ,,ok oIto rothor vuitbopt