Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1874-10-02
windnam County Court.

ports of cases from the BrattlebOro Rec
ord, and by their courtesy (for which
MAJ thanks we also have our advance
copy of their report for this week.
Henry C. Piimpton VS.. Lewis N Spague,-
This was troyer for a horse which defendant, as
deputy sheriff, took from plaintiff by virtue OF an
execution The plaintiff claimed the horse eN.
empt as his team he had three horses in his
possession which he was using for teaming be-
tween Jamaica and Bratteboro, when defendant
called on him and informed him he had an exc.
cuton in his hands which he had been directed 10
levy on said horses, and requested plaintiff to Sc
lect his team out of the three Plaintiff told the
officer that two of the horses belonged TO one Al
lem and the other was his only horse, and that he
had no selection 10 make Plaintiffs evidence
tended TO show that after defendant called on him
to select, and at the time OF sale, he forbid the
sale of the horse, and claimed him as his team.
| Defendants evidence showed that although
plaintiff forbid his selling the horse he did not
claim him as his team, as the law requires, II
was admitted for the.purpose of this trial that all
three horses belonged TO the plaintiff at the time
of the levy. Verdict for the plaintiff,
| Elliott Hgey VS. Townof Newfane Action
for damages alleged to have been sustained by
plaintiff by an insuiliciency of highway. The
plaintiffs evidence tended TO show that he was
driving in a highway in the northwest part Of
said town, in September last when his horse
stepped upon piece Of board that was lying in
the road that ne end of the board flew up and
pierced the horse in the abdomen, and caused its
death in few hours after the plaintiff in
the exercise of due care, and that the horse was
worth about 5000,
The defendants testimony tended to show that
said road was mere by-way and had never been
supported by said town, and that if it was high.
way of said town, the accident was not one that
the town was answerable for Verdict for defend
ant
Jennison E. Thurber VS.. Adolphus Ruleau.-
Trover for a horse, harness, wagon and robe, The
plaintiffs evidence tended to show that in the fall
of 1879, one Niles came to his house in the west
part of Bratteboro, and went 10 work for him
chopping wood; that when he had been there
few weeks, he proposed to buy horse of the
plaintiff, and that an agreement made and
put in writing, that when the horse was paid for
by said Niles labor, il was 10 be his properly
that Niles occasionally used the horse and at one
time borrowed it to 90 to North Adams, and duly
returned; that on the 9th Of November he Dor.
rowed it and an old wagon and harness of plain
tiff, TO 60 10 the same place, and never returned
with it that in July, 1878, the plaintiff first got
trace of the thief in Pittsfeld, Mass caused his
arrest, and had him brought back 20 this county,
when he was tried, convicted and sentenced to
States prison, at the Sept, term, 1879 that in
Dec, last he found that the defendant bad bought
the property of Niles a year before and sold il :
that plaintiff called on defendant, who resided in
Manchester, and demanded the properly or its
value, and upon the latters refusal, brought this
suit
The defendants evidence tended to show that
plaintiff sold the horse to Niles, and that the lat
ter had right to sell it; also, that the property
in dilapidated condition when he bought it.
and not worth what he paid for it, which was a
LITTLE S60 Verdict for Y,laiuffn for bNr
harness and wagon, SIS,
State VS., Thomas Judge-This was com.
plant for an assault and battery by the defendant
upon one Thomas Carey. The evidence showed
that upon an evening in December last, said Ca
rey and one Patrick Mcguire ca led at defendants
shop in Brattleboro and were very abusive in
their language and conduct toward defendant.
Mcguire being quite intoxicated; the defendant
requested them to leave his shop, which they re-
fused to do, and defendant went for a policeman
leaving them in the shop that he did not succeed
in finding officer but soon returned and found
the men had gone outupon the sidewalk that the
defendant shut the door, when the men began to
kick the door and make disturbance outside; that
defendant got a stick, opened the door and struck
Carey heavy blow upon the head which felled
him to the ground, and injured him quite serious
ly, The defendants evidence tended to show that
he did not step away from his door, but stood up.
on his own premises when he struck Carey, and
that he acted in defence Of his premises. The ev-
ldence of the prosecution tended to show that the
men were outside Of The walk, and that the de.
PENDANT went into the street TO strike the blow and
that the striking not necessary for the defence
| of the defendants person or property and that
Carey was not in fault, but was irving to get Ma
guire home. Verdict that the defendant was
! guilty of the assault
State VS.. Sidney Jones.-Trial upon an indict-
ment found BY the grand Jury at this term for as.
SAINT and battery The eVi1pnpa sbnx,ad tI,at =
respondent and his wife frequently indulge in bat
ties with each other, the victories being about
equally divided between them that the wife owns
the farm in Windham where they reside and one
day last April ordered the respondent and his
hired man to pick up their effects and leave the
premises that he began to do so, and had drawn
some rum into pail, which his wife attempted to
kick over that respondent threw the rum o n to
her, and afterwards struck at her with an ak The
defendant testified that his wife was, on this occa.
| sion, on a rampage, and had ordered him to leave
the premises, and was belaDoring him and break
ing things generally, and that he only used force
enough to restrain her. Verdict Of guilty
| Marshall Redfeld VS.. Town of Rockingham
! This was an action brought to recover for iniu.
ries caused by an alleged defect in a highway
The plaintiffs evidence tended to show that in
| December last he and his wife were riding along
| the highway leading from Saxtons River to Bel.
lows Falls, when brace that connected the shafts
| with the sielgh suddenly gave way; that they
upset, and, by reason Of there being no rail-
ing on the side of the road, they were thrown
down embankment and both considerably in.
jured, Mrs. Redfeld so much so that she has never
| fully recovered. The defendant claimed that the
sleigh was old and unsafe, and that BY the plain.
tff's own admissions, made at the time of the ac.
cident, he was driving very rapidly and careessly
aud that if the plaintiffs carelessness cont ibuted
to the happening Of the accident he could not re
cover, although the road was insufficient. Yer
dict for plaintiff for SIS.
VIM, T. Wheeler VS.. Mason f. Howard This
was an action brought upon written contract by
which the defendant agreed not to engage in the
meat business in Jamaica. The case turned 10.
on the legal effect Of said CONTRACT and the court
directed verdict for defendant j. G. Eddy and
+. L. Waterman for plaintiff, j. L. Martin for
defendant
Arson L. Wilder VS.. Wilbur Cook-This was
an action of assumpsit upon a promissory note
Defense, the statute limitations The plaintiffs
evidence tended to show that the defendant had
promised to pay the note within six wears. and
that endorsements had been made upon it. Yer.
dict for plaintiff S. T, Davenport for plaintiff
w. H Follett for defendant
Darius B, LeRay VS., j. Henry Kidder-Tbis
was an action Of tre<pass on the case with trover
joined, for one pair of horses The plaintiffs evi.
dence showed that in December last he loaned B
c. & a. J. Belden of Somerset $3.50, and took a
bill of sale of said horses and soon after took
them into his possessions that in January follow.