Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1875-11-27
Court Record--Coos County.

Court Record--Coos County.
SOUTHERN DISTRICT; STANLEY, JUSTICE.
Hosea cray Us. the White MIS-. IN III.
Railroad. Appeal from the award of the
r. r. Commissioners. Plaintiff owned
farm in Northumberland through which
said companyS road was located. r. X.
Commissioners awarded him $3.50 dam
ages, from which appeal was taken.
Plaintiff claimed, ana introduced evidence
to prove, that the land taken for the road
was worth from $3.50 to $200per acre, and
that by reason of passing engines the
danger from fire was greatly increased,
thereby increasing the rates paid for in
surance upon his buildings; that the R
r. dump was so constructed as to cause
the water to flow back into his barnyard
that the noise of passing trains frightened
the stock in his yard and barns, and that
in passing to and from his meadow he
was obliged to cross the damp, letting
down and putting up two pairs of bars
each time, from all of which causes he
was put to great inconvenience and dam
age. The defendants offered evidence tC
show that the land taken from plaintiff
was worth only about $50 per acrc; that
the road was constructed in such a man
ner as to render plaintiffs yard much
dryer than before; that the noise from
trains passing should not be taken into
account in assessing damages; that the
increased rate Of insurance was very
small, and that the inconvenience from
/ bars at the r. II. crossing was suffered
only small portion of the year, and that
the farm, instead of being reduced il
value, had been increased. Much evil
denee was put in by both sides, the Case
occupying four days. Verdict lor plaintiff
for S502.l7. Fletcher & Fletcher anC
Crawford for plaintiff; Ray & Drew ant
| bingham for defendant.
State Us. bartholomew Kelly ct ais. lii
dictment for riot and assault upon VIII.
liam Ii. Potter in Berlin on the 18th day
of July last. The State shew by tcsti
mony that on the day above mentioned
said Potter, while in room in the secon,
story Of the boarding house Of the Be.
lin Mills Co., was assaulted by respond
cnts and ju Drping from the window t,
the ground, WAS chased through the vii
lage by said respondents aud others
throwing stones aid other missiles Will
telling effect. Complainant ran mile OF
SO, and finding, as lie claims, his life en-
dangered, crossed the andre. cog9i il
river to an island where he remained FOL
all hour and Il half when he attempted t
return home, and Was again assaulted by
the mob, WlCh clubs aud knives, receit.
ing such serious injuries Us to render hin
inseu.lDlc, in which condition he was
found by the road side and aired to his
lodgings, where he was confined for tiNt
Wees. The respondents denied any as.
sault or riot, but alleged that Potler was
subject to epileptic hts, ana was pelso.
OF unsound NINA, that his jumping from
the window was the freak OF lunatlt
and was not caused by any act OF theirs
Much evidence was introduced to dis
piONC viz ullSsSttiOh Va tlSlS huh lll3 DCCL
II riot. Testimony was introduced To
prove that Ut INC Tune OF the alleged as
sault, the respondents were elsewhere
AM 1t was claihled that the injuries sus
talleu by Potter were Caused ny has hav
ing fallen III ut Veldict, guilty. Sen
tence stayed Tor ruling "a oupclIor Cur
on questions OF law a.lolng Oh the trIai
S JncIVor Haywood and burns for State
hay, Drew " HeyM ood and Challin Tor re
spuuucnJS.
DarAdrd Is. Hent. This action, brought
by Charles Z. B.lnald against Henry U
Kent, i'll 1871, has flom time to time eX
cited consIue able attention. barnard
| Brought the suit on the alleged groun(
that Nj. kent pl onIised him to take OF anC
pay MIN ior, a''pcimiU" OF franchise to es
Jablish Natsonal Bank in Lancaster, blu
that he Iaiied To perIoIm his contract. /
appeared on the hearing that although
the action was brought against Mr.. Ken
alone, William Burns, james w. Weeks
Benz. L. Whidden, Sallie Il. Burnside ant
defendant were all associated i'll prelimi
| llty NEGOTIATIONS lOr Odik, nc uc
! fence was, That DaInald MADE proposals
Tor disposing To said pal ties OF his auth
GRITTY or permit" TO establish Il bank
and that an agreement was made, con
tingent upon finding the facts as Barnard
represented them that investigation
showed Barnard's representations, cs
pccially concerning taxation, incorrect
aud thlt the scheme was formally aban
! doned, and with Barnards consent
Messis. Whiddcn, Burns, Week. ant
Kent, all tcstifying positively to this
point and Mr., Barnard asserting the con
trary. After being over three years il
Court, the suit was referred to His Honor
Judge Stanley, with the agreement tina
his decision should be final. The cause
was heard ut the Court House last july
and occupied three days, Osslan Ray anC
George A. Bingham appearing for Mr.
;, Barnard and Harry Bingham and Henry
Haywood for Kent. The report of thu