Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1874-03-18
Washington County Court.
Hon. 7. P. RkDrrELp, Presiding Judge.
Hon. JAur- II, IioLpEs, ! A,,,,,on, t,,,o,,
Hon. WV. d. 0Rcurr, n'"''"" '""y'''

Hon. 7. p. RkDrrELp, Prcading Judge.
HON. os W.T. WV b. oae 1lG,S' A''i''dHf Judges
LUTHER NEwcomB, Clerk
IloRAcx w. LYFoRp, Sheriff.
WIN. p. DfLLfHGHAs, States Attorney.
Henry OyiArr, Reporter.
Not much progress has been made thus far,
only the third case being now on trial. Nocases
were tried Saturday, the day having been dc.
voted to hearing motions and in calling the new
docket. One hundred and thirty.iour new
cases were entered, Of which thirteen we're pc.
titions for divorces. On Monday, Judge Red.
field took his scat as presiding Judge, and will
sit during the rest Of the term. The following
Is q resume Of the cases tried.
Executor Of Thomas j st Clair rs. the Heirs.
This was an appealed case from the decision Of
the Probate Court establishing the will. The
testator was farmer in Marsh6eld, who died
on the 9th Of January, 1872, leaving a wife
and three children, Royal, 0rilla and Marianne,
the children all grown up and married. By q
will made on the 29th Of December, 1871
during his last sickness, he left all the property
to his wife Internationally. By agreement for
the purposes of this case the property was
valued at $500. The woman was his only
wife and the mother Of the children, and the
will is acquiesced In by the girls, but the son
contests it on the ground that the tcstator was
Of unsound mind at the time it was made
The will was drawn up by Andrew English,
late Of Mansfield, and was witnessed by him,
Joseph II. Parker and Austin Spencer, Jr.
Parker and English arc since dead, but at the
hearing before the Probate Court they all testi.
fed that the will was witnessed By them, in the
presence Of the testator and each other, and
that the testator was Of sound mind at the
time. Some question was made by the OPP
ponent In regard TO the legality OF the manner
In which the instrument was witnessed, claim
ing that Austin Spencer was not present when
the res, testified but the evidence in support
Of the claim was very slight, and the chief re.
lance Of the opponent was upon the testator's
unsounduess of mind. The main witnesses in
support of this were DR.. and Mrs. Asa Phelps,
of Msrsbfeld DR.. Asa George, Of Calais, and
DIR. 8. L. wiswell, Of Cabot. Their evidence
tended 10 show that the testator suffered from
paralysis Of the left eye and partial paralysis
Of the left side Of the face, and that he some
times miscalled persons names. There was no
proof Of any actual Authorization. The case
lasted three days, and large number of wit
nesses were examined. The Jury sustained
the will after short elaboration. Shurtleh
~ RANDALL f,r the afh nd Ia,
son for the heirs.
Administrators OF Reuben Silloway rs.
Thomas Casalvaint This was an action qudre
clausun, involving the question Of the owner
ship OF small piece Of land on the banks Of
Ward brook, in Moretown. The trespasses
complained Of were alleged to have been commit
ted by defendant himself, by his hired men, by
a certain horse, and by two frost-btten COWS
The defendant was charged with cutting grass,
the horse with eating it, and the cows with
little at stake, but which involved some nice
questions Of law. The court ordered the jury
to find, first, special verdicta 10 whether any
trespass was committed by defendant, or with
his knowledge and consent; second, whether
defendants cows wandered over into plaintiffs
land and committed damage, and to what ex-
tent, there being no fence between the two
farms at the point in dispute. The Jury found
for the plaintiff one dollar damages on the gen.
ersl question, and S5.43 on the special verdict
J. A. & @. w. Wing for plaintiff-Durant
and Heath for defendant.
Joseph Denny rs. James NJ. Emerson & Ed.
ward vso. Suit to recover damages caused by
fire in plaintiffs woodland in Mortified,
which defendants claims was caused BY defend
ants carelessly setting FIRE on his own lot.
On trial.
Mr.. George W. Wing made his maiden ar
gument in county court this week in the case Of
Sillowsy Us. Cssalvaint. Although an action
quore eiausum is not especially favorable to
flights Of eloquence, Mr.. Wing made cred
liable effort. 1t is his intention 10 resume the
active practice of law in this town.