Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1875-06-09
Windsor County Court.


JlDtE DARRELL,
In No. SO, George A. Weston V. William
Clemens, the jury Thursday, If o'clock A.
NJ, returned verdict for Plaintiff. Dam
ages $85,45,
As No. 81, Henry F. Grain, Apt. V. the
town of Springfield was the next case on the
Jury List. 1t was Of course for trial. Ac-
ton, General Assumpsit. Mr.. Grain is a
Physicion, residing at Springfield, and for
professional services rendered Il poor family,
as he brought this suit against the town,
claiming to recover between Seventy and
Eighty Dollars. There was no question
made but what the services were rendered,
therefore the case rested wholly on the fact
whether or not he performed the services
under contract made between him of the
one part and the Overseer of the Poor, an
officer of the town of the other part The
Court charged the jury that the contract
must be an express contract in order Tor the
Plaintiff to recover, and that if from the
conversation that passed between him and
the Ovcrseer when he notified the Overseer
of the destitute condition of the family was
of such character that the Doctor had a
right to suppose that he was in the employ
of the town there, the action should be sus-
tanned. AT about o'clock p. NJ, the jury
took the case. In the course Of two hours
they came back to the court room not agree
ing They were permitted, by the Court,
after receiving more light to again return to
the place from whence they came, where
they spent the night, comfortably we hope.
AT the coming in of the court in the morn
ing they put in an appearance and through
their Foreman echoed the mot agreed Of
the previous evening. Judge Barrett, said
it was very much to be regretted that jury
men should not agree in cases of this char
acter. He alluded to the fact that the case
had been thoroughly tried, the counsel had
presented in a clear and comprehensive man
ner their views and the Court had give them
the law governing this and like cases and
thot if they should not agree everything
went for nothing. The parties would be
put to additional expense, the State would
likewise suffer in the same way, and the
time of those engaged in trying cases alb
sorbed in consequence thereof. He plainly
told them their duty as jurymen, that they
were as well qualified to give Il verdict as
any twelve men, and that while sitting in
the jury box it was not prudent in civil
cases at least for any one at assert his lnial-
libility. After intimating the fact that
man who was always right and severe using
in this case descisions could not be regarded
as good iurymen, for he hindered the all
ministration of Justice. So the Judge gave
them the case for further consideration and
put them away again in their little room.
They would not stay however. In less than
an hour they jerked out verdict for Plain
tiff. Damages $1.OO and costs.
No. SO, Lowell b. Rowe V. Lorenzo b.
Bird, Apt, Trespass. Trial commenced
June 3, three o'clock p. M. This action was
brought to recover damages resulting from
the defendants dog killing and maurauding
sheep, the property of the Plaintiff Yer
dict for Plaintiff, June 5, one o'clock p. NJ.
Damages $3.50. Wilson and Gilman for
Plaintiff, Denison and Paul for DEPENDENT.
No. 100, Benjamin F. Ellison v. Benja-