Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1875-06-19
ORANGE COUNTY COURT.

VII. JVNE iENMs 1900
How. II. II. POwERs, Chief Judge.
HSs S e. T. cnn p''ANf A JSSs..
l. HON. l.. q. HIScKLpy, Clerk.
=. X. BERRY, Sheriff
n. l.. BoypEN, ESQ. States Attorney.
HENRY OyiArr, ESQ.,, Reporter
! THURSDAY. June 10,
No. Is. Eliza j. Whitney .. Iown
Of Sharon. In this case the jury
after remaining out over night, re.
turned IL verdict for the pltf. to re-
cover 31,7S3.33 damage and her
costs.
No. Sc. ". II. N. HOward .. Gar
penter. Leslie, Bailey and Gilman was
closed to day, and the jury return
ed verdict for the defendants.
Clarke and llebard for pltf, Les
lie Il Rogers ANA Rowell for detts.
No. 81. Thomas Pdsc0e .. Thomas
Pollard and John UConneH. THIS
was an action OF ejrctment to rccov.
cr the possession of an undivided
half of about $50 acres of land in
Vershile, known as the Dwight Hill
property. This land adjoins the
land of the Vermont Copper Min.
ing Company and is supposed to be
very valuable. Pollard and the own
er of the other half Of the property
have a suit against the Mining Co.,
in which they set the damages at
800, 900, for an alleged trepasS OF
the Mining Company in removing II
large amount OF copper ore from
this same land. Under an order IF
COurt Il Commissioner has been ont
aud surveyed the bDunlry line be-
tween the premises. In the pres
ent suit it is claimed 10y the p'tf.
that Pollard decided his half of said
land to the wife of the pltf., daugh-
ter of Pollard. That attcrward the
wife died leaving issue, an only
daughter, and consequently PaScoe
has a life estate in the premises by
the curtesy, as it is termed. Pollard
claimed that his daughter and Pas
cOe Joined in II deed back to him
just before the death OF his dangh.
! ter and testified to its execution in
the premises. That he saw both
Pascoe and wife sign the deed. Pas
cOe testified that he never signed
the deed and that his wife was af-
| hicted with palsy on the day of the
execution of said deed and was UNI
able to hold pen or to know what
she did, when she made her mark,
if she did it. DIR. Bagley, who was
the attending physician, also testi-
fed as to her condition substantial
~ as Pascoe did. The deposition
Of Mrs. Mary Church, one Of the
subscribing witnesses, was read and
she says that she did not see Pascoe
nor wife sign the deed, and cOroDo-
rates the testimony Of the other
witnesses as to the condition of Mrs.
Pascoe on the day the deed was ex-
ecuteI. The above testimony was
mostly given on Friday as the trial
was only commenced on Thureday.
Ih, trial occupies the rest of tile
day.
To-day James Peter Allen was
brought into Conrt to plead to an
Indictment charging him with hav-
ing set fire to and burned the barns
and dwelling house and IA head of
cattle belonging to John Hanks of
Randolph. On hearing the intlict.
ment read aud being asked ny the
Clerk whether Guilty or Not Guilty,
Allen said he could not plead with
irons on. that it was against his
rule. The Court then ordered the
irons to be removed from his wrists
and he pleaded "Guilty." Gov.
Martin, counsel for the respondent,
stated such extenuating circumstan-
ces as there seemed to be in his case
and among other things said he was
a Scotchman by birth, had deserted
from the British army twice, and
was wounded in the head in the bat
tie with the Fenians, and in cOnse-
ouence of that wound he had spells
or moods when he was dangerous
and had to go by himself and cool
off. The Respondent was remanded
to be sentenced at some future day.
This afternoon the coul sci fer Ira
X. Mlendy in the suit against Brad
ford, moved for the empanelling of
a jury to visit the road in Bradford
where the plff'. claims to have been
injured. The Court declined to do
it at this time as it would call out
the same panel of the jury that had
lust tried the Sharon case. AT this
point in the proceedings the counsel
for the town moved for a non-suit
for want of bail, under an order
made several terms ago. This mo
tion somewhat astOnshed the plff,
aud his counsel who evidently were
unaware of the order. They ralliel
however and proposed to put in bail
on the spot. TO this counsel for the
deft. objected. The Court, however,
directed that the bal! might be then
put in, but on some objection being
made to bail being put in so late an
hour, the Court suggested that the
neglect to comply with the rule for
bail woull e a good cause of con-
tinuance aud the counsel for the
dett. set the cause not for the jury.
Gleason. RoweIl and Clarke for the
piff. Gambell. Falnham and He
bard for the left.
No. 1913 State .. Erastus Green
apt. This was complaint before