Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-06-30
Orange County Court.

Hos 7 7 = R T9gn's Presiding Jdg''
IISS S q + c9r P''N'" assistant J"dgc'
Hos LYMAN G.. iilNcNry ci1k
SALMON u. llEnAnn Deputy Gck
SCION X BEuuy, Sh0H
NELSON H. BoNpEN, Siaics Attorney
Henry OvIArr Reporter
The following is a resume Of the eases tried
Louisa A. Priest rs Roswell G. Curtis.-The
plaintiff t. milliner at West Randolph, and
the defendant a large property owner and one Of
the prominent residents Of the same village.
Tho action was one Of trcspass, and alleged in
substance that in the latter part Of September,
1873, the defendant entered her dwelling house,
and there nsultod and made an assault upon her
The plaintiff is widow Of some fifty years en-
tirely destitute Of personal attractions and defen-
dant is married man in the decline Of life.
It appeared that plaintiff was occupying the upper
floor Of building owned by defendant; and she
testified that between cghtand nine o clock in the
evening Of the day in question defendant entered
her sittingroom, aud after passing the time Of
day and asking If her daughter was at home, said
that he would like 20 come and sleep with her
nights that she was poor woman and he would
be friend to her and assist her that she replied
that he had made that proposition to her once be-
/ fore that he had had her answer then and II was
the same now; Curtis then got up, as plaintiff
supposed, to leave, she got up too she didn't
know for what purpose that he took her by her
shoulders, backed her up against the door and
| thrust her Into the bedroom; that she tried TO
talk with hhn-tod him to let her alone, aud tried
to get away from him that just then MIR George
Mann came in, he released her as quick A. he saw
him she went back into the sitting-room sat down
on the sofa and cried that Curtis shut the bed
room door, and went through the bedroom and
into the entry by another door That was PLAINTIFF
story. Mr. George Mann confirmed her testimony
as TO seeing Mr. Curtis and her together at the bed
room door evening in the Inter part Of Septcm-
Der, 1873 and ~ to Curtis passing out through
the bedroom without waiting to speak 10 him
Her daughter who goes by the name Of Abbe
louise Guford from having lived with family
Of that name for some years, pretty and modest
appearing girl Of twenty-three, testified that
She was away at the time In question but that
her mother made q complaint to her about Nj
Curtis when she returned The defendant denied
having made any assault Of any kind upon the
plaintiff. and contadicted her and George Mann
90 'oto The rest Of defendants case was made
zap Of impoachIng testimony, part Of it going |
10 show that Mann and plaintiff had told DIFF /
ferent stories TO several persons from what they /
testified TO on the stand, and facts going to show
that plaintiffs character for truth was below par
Defendant Offered to prove in the first place that
plaintiffs reputation for chastity was below par:
but il was not allowed by the court and this qucs-
ton will be argued in supreme court. It it. en-
urely new in this state aud will be a leading ctsc
Defendant claimed shat even II such evidence did .
not tend ~ discrcdt plaintiffs story IL at least
should go in in mitigation Of damages But Judge
Powers remarked that the most unchaste woman
was under the protection Of the law, aud could not
be assaulted with impunity She was impeiched
by some twenty-five witnesses and sustained by
as many more-so the plaintiff gained very little
by that move, and defendants counsel in re-
talaton put in record OF the supreme court.
March term, lSi2 showing that defendant with
several others was convicted upon an indictment
by the grand jury, charging them with oouspr-
ing to eXtort $1,000 from Russell Buok at
Braintee, March d.. 1880 Defendant made
some question about plaintiff having concealed
the alleged assault aud insult for long time
after September 1873, and in fact, the suit was
not brought tin the next spring, nor till after
defendant had brought an action Of ejectment
against her for non payment " rent for her
rooms Plaintiff procured witnesses, however who
testified that she told them Of il very soon after tho
time she claims it was made There were sixty
five witnesses in the case, and there were great
many others summoned who did not testify. ow-
Ing To tho adverse ruling Of the court upon the
question Of unchaste reputation The usually
quiet village Of Chelsea was kept hoisterous from
Monday morning till Thursday afternoon by ,heir
oil al at..f.s 90 o. Q
quarrel is said TO have caused many serious and
lasting dissensons in West Randolph and Brain
tree The case given to the jury Friday noon.
and the jury after deliberation Of five hours,
returned verdict in favor Of plaintiff for SIS S.
The Jurors marks varied from one cent to one
thousand dollars, and the result was evidently a
compromise. The costs are in the vicinity Of five
hundred dollars. Messrs a T. Iiunton. VIM. lie
bard and \. l.. Boydeu for plaintiff Messrs
W Rowell, c, II Heath and philander Perrin Tor
defendant
National Bank Of Chelsea rs Jairus D. sham 49,
Action OF general assnmpsit, with specifications to
recover the face aud interest Of promssorv note
Tor s252 dated Willistou, Vt, May /, 1871
signed by defendant, and payable four months
after date, to the order Of t. b Mahan, agent at
the First National Bank Of Darlington The de-
fence WAS failure Of consideration. Il appeared .
that Mahan was agent for the Granite Agricui- 4
tuul works at Lebanon, n H., and in the spring
OF 1874, took tho note Tor defendant as PAYMENT
for three moving machines and four .ide-hiu t
pows, the latter to be delivered at once and the
former about June 10th neither machines or blows I
ever came and Nahan in the latter pant Of
May went to Chelsea with this and other notes @
and attempted to get them discounted at the Ii
bank The directors refused through want Of v
knowledge Of the signers and he finally succeeded
IN cashing this and two Others by getting Fiihu /
Hyde, president Of the bank to endorse them 81
The bank sent the note 10 Burlington for pavment .
at maturity, and it WIS protested Hence the d
present suit The failure Of consideration WINS
admitted by plaintiff and the only question sub n
mitted to the jury was whether plaintiff. or "
rather Mr. Hyde, bought the note in good faith Il
Defendant also made the law point that blank Il
endorsement Of the notes did not convey the note =
to plaintiff, so as 10 enable him to maintain tho RI
suit The jury returned a verdict for plaintia II
to recover s265l3 The case only lasted three n
hours. MessH Vim. & s. b. Ilebard for plain. q
til Messrs. Henry Ballard (of Burlington, and Z,
j. ". Rowen, for defendant. +,
Harvey j. Laselle, apt, u.s. Nathaniel L. Rosen u
This was the last jury case, and is an action m,
'ro'er in which plaintiff claims To recover the {
value OF twenty-nine Turkeys, which he ALLEGES n
were found by defendant and converted 10 his /,
own use The case is probably unique in heleral g,
history OF Vermont, and the trial was remarkable nj
Tor two things Tho calculation Of tho natural !,
history Of turkeys, and the development Of more
iah lying than the sharpest horse case. The II
PARTIES are neighborins farmers in Tunbrdge. II NJ
appeared from the evidence on the nart Of the II
'laintiii, that in the season Of 1874, he had some
ory-six or seven young turkeys, the three first Il
'roods OF which, containing twenty-six young ones m
nj three hens, We're accustomed to 20 together II
IN Sunday night, July 18TH the turkeys came
oine to roost, went of in the morning early. and
leyer came back. After searching in various di-
ectons, plaintiff, his wife and their adopted
laughter, little girl named Elizabeth Rates
men twelve years old, went to defendants house. o
he next Sunday evening, and waited till his tur- ii
'eys came home. Plaintiff, by the way. had Of
marked his turkeys, when they were very youpp al
y cutting of the outside toes of their right foot s
Defendant had an immense nock-one hundred pi
nd seventy odd. Upon their arrival. aeco,di,, at