Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-06-02

The May term OF lamOille county court was
practically ended on Saturday, after five days
session. Owing to Judge Powers interest in
most Of the cases. and his inability 10 effect an ex
change with any of the other judges, there were
no jury cases tried, and the term was pretty much
occupied with divorce cases.
The following divorces were granted Elbridge
u. Wilbur from Viola A. Wilbur, for intolerable
severity, and petitioner to have the custody Of the
child, Gmca; Helen NJ Morrill, from Sidney b.
Morrill,, for desertion and custody Of children,
Eta G. and larrie T. given 10 petitioner Harriet
NJ brigham from Levi Brigham for intolerahle
severity, aud petitioner to have four hundred dol
lars alimony, which shall be special lien on his
property; Harriet D. Worcester from James Y.
Worcester for desertion; Olive G. Blossom from
Henry C. Blossom, for desertion, and petitioner
allowed to resume her maiden name; Laura A.
Batchelder from George w Batchelder for adul-
terry, and custody Of child, Lucia T., given TO
petitioner, who may resume her maiden name,
and have alimony.
The case Of Harriet l. Wellington from John 4.
Wellington was continued, and OF Ozro A. Edger-
ton from Martha A. Edgerton was dismissed In
this the petition alleged intolcrable severity
but the evidence disclosed nothing more than
few seedlings and lively matrimonial spats
Judge Powers refused to grant a bill upon such
testimony, and in commenting upon the case said
that this matter Of granting divorces was one in
which the public had a vital interest, marriage
was not like contract between men which the
parties themselves could agree To set aside The
good order general prosperity and happiness Of
the community were involved In the preservation
and inyiolability Of the marriage covenant; the
whole safety OF society was dependent upon IT,
The law Of divorce was to be administered in the
interests Of the public a. we'll a. with regard TO
the interest Of the parties Immediately concerned
The court knew that there had been a looscness In
the practice Of this state which ought to be cor
rected In some Of the states divorces were Of
very rare occurrence; in South Carolina only one
instance was known, and in Connecticut they were
very unusual. Some Of the Western states had
earned an uncnyiable notoriety, and il was be
ginning to be said that Vermont was following too
closely in their wake. II there were substantial
grievances it was for the interest Of society as well
as Of the parties, that they should be separated
but unless there was substantial cause Of com.
plant the divorce should not be granted. And al
though such decision might compel the parties to
be uncomtortably situated, yet that one Of the
perils which they voluntarily rsked when they en-
tered into the marriage contract they took each
other for better or for worse, and II the worst
should come they must stand it, unless they show
substantial grounds for a divorce.
The members Of the petit jury were dismissed
on Tuesday afternoon, soon as II ascer-
tanned that Judge Powers was disqualified in what
cases were ready, and that Judge Royce who, it
was expected, would relieve him, could not come
On Wednesday the new docket was called
Si1ty-six new civil cases were entered As very
few cases were taken of the docket this term, 1t
will be unusually large in December, aud will
probably contain, including the criminal prosecu-
tons some one hundred aud seventy cases
The most interesting Of tlre new cases is the suit
Of Marcia NJ. Hutchins Of Wolcoit, against ". 5.
Morrill,, Of Randolph, for breach Of promise Of
marriage. The plaintiff, in her declaration, claims
four thousand dollars damages, and alleges that
defendant promised to marry herin January, 1874
that he informed her that he should not fulfil his
promise the 10Th Of July, 1874 and that at Ran
dolph, October 10 1874, he married one Eva Marsh
Messrs. IL C. Fisk and r W. Thorpe were sworn
in as attorneys. Both are promising young men,
and passed good examinations. Mr., Fisk is n
nephew Of Hon George " Hendee
In the case Of Caroline Ia Page rs town Of Fair
field, tried by the jury at the May term Of Ia
noble county court, 1874, and argued as to the
points Of las before the supreme court for la
noble county, August term, 1874, a mandate has
been received by the clerk declaring the notice to
be good, but holding the portion Of the court 5
charge to the width Of the road 10 be an error.
As this case will probably have great weight as a
precedent in deciding several cases now awaiting
argument, particularly In Washington county the
text of the notice is interesting:
To ~, ssfssis,ea II 40 gown Of FafrNe'd'
GESrs You are hereby notified that the 2th day Of
May, ISL account u the hsufcency Of the highway
leading from East Fairfield village Albans village near
East FAIRFIELD village IN the Of Fairfield thrown
from carriage and severely injured thereby, Tor which
shall claim damages from the said town Of Falrdeld
Hydepark June %. ls7i
The testimony showed that the accident took
place some fifteen or twenty rods north Of East
Fairfield village, in the town Of Fairfield and sew
eral miles from St Albans The road had never
been legally laid ont, and Judge Redfeld charged
that although possession Of it by the town as a
public highway had only been acquired by the
user still the road was three rods wide, the same
as II 1t had been laid out The Supreme Court
oveTules this and orders a new trial The
question Of user was important as It determined
whether or no a certain pig-pen, by the pig in
which the horse was frightened was in the
highway
The court adjourned ON Thursday forenoon till
Saturday, when hearing took place on the fol-
lowing case;
State u.s. five barrels Of whisksy, BENJAMIN
Scott, claimant Hearing on claimant motion to
dismiss. This was seizure Of Ave barrels Of
whiskey belonging TO benjamin Scott, Of Eden,
under the direction Of the states attorney. In
the proceedings before Justice of the Peace Amasa
Stevens the claimant asked for jury IN try the
question Of forfeiture, which was denied and a
hearing had by the court who adjudged the whs-
key forfeited 10 the town Of Eden from which de-
cision the claimant took an appeal Mr. Water
man, for claimant, claimed that under section 20,
OF chapter a. OF the general statutes the claimant
was entitled 10 hearing by jury, and being de-
MED that right the proceedings were irregular and
void. That after the claimant had filed his bond
as required by law in such cases he was in effect,
and To all intents and purposes the respondent in
the case, and liable to pay costs Of prosecution
that the forfeiture was In the nature Of fine and
hence the claimant could not be rightfully denied
a jury trial etc. The court ruled that motion
to dismiss was not the proper way to take adj
vantage Of such an irrcgularity that the case
could not be dismissed unless there was some
legal defect in the papers proceedings; that the
claimant, by proceeding with the hearing before
the justice, and taking an appeal from his de-
cislon In effect waived his right 10 trial by jury,
and whatever objection he had To the ruling of
the court, and hence could not in this way take
advantage of the denial. Motion to dismiss over
ruled, to which the claimant took exceptions,
which were allowed and ordered to lie Leonard
s. Thompson, States Attorney, for state; Messrs
Brigham & Waterman for claimant
The grand jury had not completed their in
quiries ON Saturday and took recess till Tuesday
morning, at nine o clock, It is expected that they
will not get through before the last OF the week.
Court will be adjourned by the sheriff when they
get through.
ABOUT seven years ago party Of hunters from
Allegheny City, Pa, went to Erie to hunt ducks,
on Pressure Isle peninsula. One OF the party, Nh.
Charles L. Hutchinson, lost valuable gold watch
and chain among the numerous little ponds that
intersect the peninsula. Long and diligent search
was made, and no trace OF the watch being found
the search was given up as a hopeless one Mr.
Hutchinson went back to Allegheny City, but
could not forget his loss the watch being a oift