Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1875-10-01
w,ndbam County Court.

writ against Abrsm Chase. Tie plaintiff
claimed to own the lumber and testified
that he had purchased the same before 1t
was attached upon said suit. The delt.
claimed aud the evidence tended TO show
that the lumber was in the poss session of
said Abram Chase when attached by the
defendants officer. Verdict for def. Not
guilty. Geo. Davenport and c. b. Eddy
counsel for plG. Ii. N. Hix and II. Brig
ham for def.
Lemuel Smith rs. Benjdmin h. Morse
This was an action TO recover the value of
some lumber. Verdict for plf. 800. S. T.
Davenport counsel for pff., O. Il. Butter
field for def.
VIM. T. Wheeler Us. Mason r. HOWdrd.-
This was an action to recover damages oc-
casioned by violation of contract. Yer
dict for plr. IS. Davenport & Eddy q L.
Waterman for plfI., j. L. Martin and c. b.
Eddy for def.
r. D. Ward d co. u.s. Western Aqueduct
ASsocidtion.-This action was brought to
recover the balance claimed to be due for
the iron pipe which the Aqueduct Assoca-
ton Of Brattleboro laid from their spring
near Centrevile. From the evidence it
appeared that in July 1873 the directors of
the aqueduct association made a contract
with the agent Of the plfTs. to furnish them
with between five and six thousand feet of
iron pipe in lengths of nine feet each, and
the same was to be delivered at Brattebo-
TO on or about the LIST of September OF the
same year. After this contract was made
1,
the officers of the aqueduct association in
which they recommended and urged them
to lake the iron pipe in lengths of twelve
feet each this the officers of the aqueduct
company declined TO do, stating that they
desired the nine feet pipe because the line
of the water pipes was crooked and the
short pipe could be used in the curves with
out necessitating the cutting of the pipe.
Correspondence continued between the
parties through the summer on this sub
ject, and during the early part of the fall.
On or about the 9Th of November the plffs.
forwarded the iron pipe, in lengths Of
twelve feet each. The dets. claimed that
the pipe was not accepted until the plain
tifIs agreed 10 make the association whole
for any loss or damage which it might sus-
tain on account of the twelve foot pipe.
The deits. claimed that they had paid $500
towards the pipe, and that the extra ex-
pense incurred by cutting and laying the
long pipe, together with the expense of
laying the same late in the fall after the
ground had frozen, was damage 10 the as
ISOLATION of more than $1,000. The pltfs
claimed that the II II. pipe was accepted by
the defts. without any agreement TO pay
such damages as the defls. claimed upon
the trial. The jury found specially and
found that the pipe at 40 cts. per foot came
TO S2SS2.s0, and at 46 els. per foot ccme to
S2704.05. The jury also found that de-
ducton should be made in favor of the
defts. for the sum of s2sS.9s. Davenport &
Eddy for PHI, ]. NJ. Tyler and G. B. Eddy
for def.
Franklin DoOiittle Us. +. A. NdSh.-The
plf1 made a contract TO construct and grade
a certain portion of the West river railroad
in Vernon in the fall of 1870, and this con-
tract was made with Mr.. Nash, who en-
ployed Mr.. Doolittle 10 do the work.
Afterwards in November of the same year
an injunction was issued by the Court of
Chancery and served upon the railroad
aforesaid, which prevented Mr.. Doolittle
from performing his contract and stopped
all work upon The road. 1t appeared in
evidence that Col. Waite, President of said
railroad had paid the plff. for what work
he had done each month as estimated by
an engineer, less 10 per cent. After the
work was interrupted by the injunction the
pltf. called upon Col. Waite, and according
10 Col. Waite's testimony, settled all mat
teIs growing out of said contract and the
damages occasioned by the violaio of the
same, and receipt was produced acknowl-
edging the receipt of certain sum of mon
ey in full OF all demands and damages.
This receipt covered everything, as the
defs. claimed, except The cost of shanty
which had been constructed by the pin. 10
enable him to prosecute said work, one-haIf
which Col. Waite agreed to pay for, provid-
ed it was sold for all it would fairly bring
The plff. claimed that he never signed a re-
ceipt for all damages, but that the words
land all damages" were added amer he
signed it. The plff. claimed about Sl2OO
damages. Verdict for plff. S4s.S0 Coun-
sci for plff, Davenport & Eddy; for deit.,
j. NJ. Tyler and X. Haskins.
STATE Us George Rennedy.-This was an
indictment charging the respondent with
having ravished one Mrs. Mabel Gilbert OF
Whilingham in July last. From the evil
dence it appeared that Mrs. Gilbert was 20
years of age. The defendant denied that
he committed the outrage charged against
him. Verdict, guilty. o. L. Butterield
counsel for State, Carpenter x NJ. Davidson
lor def.
State rs. Jam eS BOyce.-This was an in
di clment against Boyce for an assault upon
Hannibal Hadley with dangerous weap-
on and with an intent TO rob. II appeared
in evidence that the respondent came 10
Brallleboro in June last. The respondent
Testified that he slept in the barn OF Mr.
Hadley stua ted upon High street in Brat
lleboro for three nights, and that he had
looked for some employment, but without
success. The testimony in behalf OF the
State showed that Mr.. Hadley, while iced
ing his swine about O'Clock in the morn
ing on the lIih of June last, was assaulted
by the respondent and struck severe bio"
upon the back Of his head and neck, which
partially stunned him. An alarm was al
once given aud the respondent was captur-
ed near Asylum street. The def. was ident
flied as the person who made the assault
upon Mr.. Hadley. The blow was given
with part of pitchlork handle which lh'
respondent had prepared when occupying
the barn as aforesaid. The respondent dc
not deny the assault, but said he had M
intention to rob Mr.. Hadley, and that III
struck tbe blow in order that he might ge