Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1874-05-06
Windham County Court.

We give below an abstract OF two I'M
portant cases lately decided in Windham
County The Smith case is thought to be
the first case in the State where the law OF
1869 has been put in force, and the liquor
seller held for damages, resulting from
the conduct of the intoxicated person. Pro
hibition or no prohibition, it is reasonable
that this law should be strictly enforced.
Minnie F. Smith Us G.. NJ Wilcox. This
was an action founded on Sec. 3 ofan act
of the General Assembly of the State of
Vermont, entitled AN act in amendment
of and in addition to chapter 81 of the Gen
cral Statutes " entitled "Of the traffic in
intoxicating liquors" approved Nov 16,
1869.
The evidence of the plaintiff tended to
show that she was the widow of William
Smith, and that they We're married May
10. 1860. That the said William Smith
was killed in a drunken brawl by her
father, James Crosier, on the night of July
4. 1873: that the defendant furnished ii part
of the liquor which caused the intoXica-
ton of said Crosicr, and which intoxica-
ton resulted in the killing of Smith. That
her husband was kind to her when free
from the influence of liquor, and provided
well for her material wants when in life,
and that he died leaving her no means
of support. and that she was dependent
upon him for her said support
The defendants evidence tended to show
that the intoxication of said Crosicr was
not produced wholly or in part by any
liquor furnished said Crosicr by the de-
PENDANT on the day on which Smith was
killed. That when CrOsier and Smith left
Green River village, where they had been
spending the afternoon ofthat day, he was
sober and free from any intoXication.
That they both drank cider ut two differ
ent places on their way home that even
inc, and that after their arrival home they
drank II large quantity of cider and that il
was this cider which they drank that in
toXicatcd the parties, and led to the kill
inc of Smith. That Smith was Il strong
powerful man, quarrelsome and danger
Gus when intoxicated. That he had com
mittcd assaults upon Corsier, and that
Crosier stood in great fear of him, and
was knowing to his dangerous propensi,
ties. That on this occasion he not only
threatened but assaulted Crosier, throwing
him upon the floor and out doors, and that
the shooting of Smith by CrOsier was done
in self defense That the plaintiff stooi
in fear of her husband, and that he hat
often threatened and abused her, using the
most profane and insulting language tC
her. That he was often sick and unable
to work, and that he WAS generally regard
eel II, Il quarrelsomc and dangerous man
especially when in liquor
Verdict for plaintiff to recover SCOT
damages.
The next case has somewhat of local i'm
portance to all banking communities:
Lucius l.. Wiley rs First National Banl
of Brattleboro.-This was an action on the
case and a count in trOver for the CONVEX
sion of L. 5. Bonds.
The evidence of the plaintiff tended t,
show that in 1869, plaintiff deposited 70
safe keeping S2400 worth OF L. 5. Bond
in the defendants bank That the cash
icr of said bank executed to him re
ceipt for the same, and said bonds to b.
delivered to him upon demand. Tina
after the defendants bank had been rob
bed us reported to him, he called at tn
| bank and made a demand for his bonds
and that the cashier of said bank refuse,
| to deliver them to him. assigning for
reason that they had been stolen and wer
not there. The counsel for defendants in
sisted that this act of the cashier in receiv
inc the bonds for safe keeping in thei
vault or safe, WAS not binding upon tn
bank. and requested the court to hold tina
he plaintiff could not recover in this nc
ton.
The court held otherwise. and directe
/ the jury to return a verdict for the plaintiff
! for the value of his bonds and interest.