Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1875-05-07
VNIndhnm CountY Court.


evening OF Dec. LIST, 1873, the plaintiff In
defendants store In Brattleboro for the
purpose Of purchasing a pair of boots.
While the denis goods were being exam
Ined AN alteration arose between the de.
fendant aud MEG uire, and both the plaintiii
and Mcguire were ordered TO leave the
store. This al first they refused to do, but
finally complied with the order aud passed
into the street. Some harsh and Insulting
words then passed between the defendant
and Mcguire, whereupon the defendant
armed himself with n club, rushed into
the street and struck the plaintiff one or
more severe blows upon the head, knock
ing him down aud lnjurlng him 50 that he
was not able 10 labor for sometime. The
plaintiffs evidence tended to show that he
did not participate in the alteration be-
tween Judge and Mcclure, except as he in-
ieriered to prevent any quarrel aud dis
turbance this was coutradicted by the de-
PENDANT, who claimed that Carey melted
aud participated III the quarrel, aud that
both he aud Mcclure were making au as
sault upon him when he struck in selr-de-
fence. Verdict for plH. for Sl65.
otis VI. Read as. 1Wstin Pratt, John p.
Sargent, Mdsd wits, Asa GoOdenough, D.
Nation, Lincoln Ellis, Geo. Bishop, Charles
StockreU. This action was brought for
damage done to the plaintiffs property,
and for melting or causing to be burned
the buildings of the plaintiff. 1t appeared
in the evidence that In the fall of 1873 some
forty or iily persons surrounded the house
OF the plaintiff in the hight aud cndeavOr-
ed 10 entice Read out OF Il house; the
plaiutifi remained indoors ami dc clined
the urgent invitations TO come out. The
rioters remained about the premises for
two or three hours, and during this time
barrels were put over the chimneys, and
bricks were thrown down the chimneys.
Some or the company invaded the poultry
yard and hurled captured hens and chick
ems through the windows into various
rooms Of the plaintiffs house. The plain
tiff's carriage was put across the yard fence,
and his washing machine upon the roof OF
the barn. During these depredatious there
was continual clangor of fish horns, in
termingled with the rafting of tin pans
and occasionally calls for the plaintiff with
much profanity were made. Finally the
rioters dispersed towards morning and the
next morning the plaintiffs house and barn
were burned. Tue plaintiff afler having
described the riot, testified that he recog-
nlZed the defendants ~ among the num-
Der, some of whom were actively engaged
In the riUtous proceedings. There WAS not
a great deal Of testimony except that ofthe
plaintifi which showed that the defendants
were engaged or participated In the riot.
Two or three OF the defendants admitted
that they were present during a portion OF
the time, being attracted by the noise, but
that they did not do anything 10 encourage,
aid, or help along the proceedings. 1t APP
pear,d that the defendants were well known
citizens of West Brattleboro, and some or
them positively denied being present al
the riot, while two Or three admitted OF be-
ing about the vicinity As spectators only.
The defendants evidence shove ed that Mrs.
y. +. GoodenOugh was boarding in the
family Of Mr.. Read at the Time and had
been there for seine time previous. 1t
seemed that the plaintiffs wife had left
utT HDillo "a nay Ut ~ before tue TlOt, anu
Mrs GoodenUugh departed the day amer
the riot, and Mr.. Head moved \ basket OF
books FROM the house and few other arti-
cles the same day. Aner the buildings
were burned MIR. Read YVES discovered In
The barn OF Warren Bennett about tity
rods from his own place. Ii appeared that
the buildings Of the plaintiff were old and
aud that they were mOrtgaged for por-
ton Of their value. The buildings were
insured 10 the plaintiff. Upon the part OF
the defence 1t was claimed that the plain
til applied the torch to his own house, and
consequently that he ought not to recover
for this case. The jury failed to agree up
on verdict, and amer being together for
over two days we're discharged.
The following divorces are granted for
wllIul desertion: W. II. Adams from An
ma Adams Eslnore +. Streeter from Ellen
G. Streeter; Dora i. Washburn from How
ard n. Washburn Emily Dickernian from
John l.. Dickerman Lestiua A. Coy from
VIM. ii. Coy; Calista Rood from Stephen
Rood; David f. Howard from Rita How
ard. For refusal to support, Jane II. Ward
from Winslow Ward. For intolerable Sc
verify, Eliza NJ. Cook from Leverstt Cook.
For adultery, Marietta Sisssn from I.ucien
Sissun.