Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1875-09-04
Court Record--Northern District.
Stanley, j.

STANLEY, j.
We condense from the Northern Senti-
mel, the following report of the business
transacted by the Circuit Court, during
it's recent session at Colebrook:
Fred T. Stevens US. VIM. S. Rolfe, ct ais.
The suit grew out of note given by the
agent of the Essex Well Co., corpora
ton which operated in the oil well bust
ness in Boutwell,, several years ago. The
company denied the authority of the agent
to pledge the credit of the company in any
way, especially by promissory uote At
ter proceeding day and a half on the
part of the plf., the deft., moved a non
suit, which the court ordered, and the
case was transferred. The case had been
once before tired, with verdict for the
defendants and the plaintiff reviewed.
Ray for plff., Aldrich & Shurtlef, Dudley
and Bingham for defts. r.
Jonathan Gilman rs. Eben T.. Noyes.
The pltf claimed that deft's cattle got into
his pasture and deft let down pair of
bars to get them out, and left the bars
down, and his, plff s. cattle, and three
sheep got out of the pasture through the
bars thus left down, and went into the
woods, and that he spent many days trying
to find them, until finally some month or
more afterwards, the cattle came home
themselves, through Colebrook (the pas
ture being in East Columbia) but the
sheep were lost and never found The
defence was that the cattle and sheep
were not in the pasture when the bars
were left down but had escaped before.
Verdict for plff $22.lG special finding
that the damage on account of the cattle
was $l3.l6, sheep, $500. The case goes
up on exceptions. Dudley and Ray for
plf,, Aldrich & Shurtleff and Bingham for
deft.
Fletcher l. Gamsby Us. William R. Sill
yer. Assault and battery. The case had
at previous term been referred to Z.
George Rogers, hearing had and report
made and the deft elected trial by jury.
SOuilSNl lOi pm opChiLlS bllS
following as the facts which they pro-
posed to prove: The alleged assault was
in April, 1873. The fall before, Gamsby
lived in Stratford on one side of the river
and Silver lived in Vermont on the other
side. Gamsby had u boat, which he
loaned to Silver to cross the river, who
did not return it, but let it freeze up in
the river. Gamsby was owing Silver q
note and in the spring went over to pay
it,, but did not find Silver at home. A
day or two after, Silver came over the
river to get pay on the note, and the par
ties went into Mr. Bailey's to figure il
up and pay it. Gamsby claimed that Sill
yer ought to pay him something for tho
injury to his boat the fall before, which
Silver refused to do. Words ensuet
on both sides, and Silver caught
Gamsby by the throat and chokeC
him. They however settle
the note business, after which Silver
asked Gamsby to set him over the river
which Gamsby refused to do. Silver theI
declared his purpose to take the boat, tC
which Gamsby objected, and followed tC
the river to resist him by force. Silver
got into the boat, and Gamsby caugh
hold of the chain to prevent his taking it
Silver also caught the chain and by a sud
den jerk soused Gamsby head foremost
down the bank into the river, aid wen
on his way rejoicing. The plfi. was callet
to the stand rs witness, but was imme
diately recalled by his counsel, and thu
case was entered "neither party" Al
drich & Shurtleff for plh., Dudley anC
Bingham for def.
All the other jury cases having beer
continued or otherwise disposed of, tht
Jurors were discharged from further at
tendance, and Immediately repaired t.
the County Treasurer for the pay for thei
three days services. The afternoon wa