Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-09-29
Washington County Court.

Hos JANIS II HoLDFN.
HoN WILLARD :. NJ ,HriS, 4 ''''''''"' "'''' e.
WM = nilLNonAN. states inorn,g
IloRAcE ". LSFonp. sheriff
LtuuK NEwCoMH, ftTk
MELVILLE D. >MfIF, assistant firk
iENR ovArr Reporter
States Attorney Dillingham; has assigned Thurs
day, October 9Th for the commencement Of tho
trials Of the criminal cases, by which time it is
believed the civil jury calendar will have been
finished It is expected that there viii be quite a
number Of criminal eises tried including that Of
the state rs Daphne T. Dodge, now In jail
Most the State case, are short and il is expected
that several fthem viii he against Mortified IL
quor dealers, upon whom raid has been made
since Che sitting of court.
Owing to the Mortified raid. the session OF
the Grand Jury has been good deal prolonged
e T. expected that they will report tomorrow,
and present some fifteen indictments
The court will adjourn on Thursday evening
ull Monday, 50 that the jurymcn can visit the
county fair on Friday
There have been only two cases of amy impor-
lance tried this week Horace II Meador against
the town Of Calais, for injuries on the highway,
which took the greater pant Of Wednesday and
Joseph : Dodge and wife VS. u " Dudley Of
Montpelier for injuries alleged to have been re-
ceyed 10y Mrs Dodge 10y reason OF defendants i'm
rrudcutly turning the team, in which she was
from the race track Of the fair grounds, at Fast
Montpelier. last fall, There were a large number
of witnesses in the latter case, and il consumed
the time Of the court from Friday morning till
Tuesday noon It is the first town-meoting A"
case tried in court Tor long while, and nearly all
Of the voters in East Montpelier were around the
court house during the trial, who INDUCED in
horse shedding for their respective sides to
an unlimited extent It is understood that the
Washington County Agricultural Society back 90
Mr. Dudley, who was one of their marshals at the
time.
The ease OF the administrators Of the estate OF
b W Bartholomew rs Lyman Z Barron, for the
alleged unlawful seizure, by defendant, as con
stable, Of eight pigs belonging to Bartholomew's
estate, but kept on the farm Of b. f. Chamberlain
Of Washington was set not for the jury by the
defendant after the plaintiff had rested, and WAS
continued at defendants expense The defend
ant claimed that by mistake, he had not brought
the papers TO sustain his case Messrs. c. H.
Heath and + + French were the plaintiffs law
yers, and Messrs II A. White and 5 c. Shutlen
were counsel for defendant
The case Of NJ. T. Howard, Of Berlin, rs. To-
rcnzo Black, Of Berlin, which occupied the time
Of the court Oh Thursday afternoon, was a repleyu
suit to determine whether five cows had been
rightly impounded by defendant The court
after hearing the evidence ordered blank verdicts
To be signed by the jury and reserved decision
till an examination ofthe law could be made An
other unimportant case tried on Tuesday after
noon was a repeyin suit for a colt between Mr.
George NJ Fisk, the Mortified lawyer and his
brother David h Fisk. The case was n plain a.
a pikestaff for the plaintiff, and the jury 50 de-
cided after few minutes delibemtion Verdict
for the defendant for one cent and costs In the
Meader case, the jury returned verdict for the
defendant The evidence showed that the high
way was a hill road running from Halls Mills, so
called, 10 Fast Calais, and that paintif had often
travelled H. that the night in question was dark,
and that he wasn't over careful, to say the least
The main complaint Of Insult iency was as to the
width of the road-tha by want Of proper width
plaintiff was tipped into the ditch and dragged
over stone aud hurt. There is great change
in public sentiment in regard TO highway cases
aud plaintiff must now have a strong case 10 win.
Messrs, Clarence H. Pitkin, Charles W Porter and
S. C. Shurtlen conducted the ease for the plain
tin and Messrs Charles II Heath and H. W
Ieaton for defendant
In the case of Dodge and wife as. Dudley the
main question was as 70 whether defendant turned
the team oil the TRACK Win due regard IN the
safety OF the inmates, ltappeared that the buggy
was an open one, originally made for one horse,
but fitted afterwards with a pole for two In the
team was VIM, Stevens, the driver his wife, Mrs
Dodge and three children Dudley had previously
ordered them of the track but as soon as his
back was turned, Stevens Immediately drove on
again Dudley, who was ON horseback, caught
M with him and forced his horses OF, up II
hank vari0usly described rs from eight TO cigh-
teen inches In hight, but slipping gradually
Some Of plaintiffs witnesses claimed that Dud-
lev struck Stevens near horse with his rid
ine-whp; but this was denied by Mr. Dudley
and great many spectators The woman fell
ont of the wagon first and she claims severe in
inries to her spine. Defendant alleged that she
was very little injured, and that her ailments are
caused by a womb complaint OF long standing
The court charged the jury that they must not
only find that Dudley was at fault, but that Ste
yens was guilty OF no imprudence HIMSELF either
In his driving or loading the team. The jury, af-
ter several hours delibeation, and coming into
court for instruction. returned verdict this morn
ing in favor of plaintiff for nee dollars damages and
costs. Messrs J. A. Wing and C. J. Gleason for
plaintlfl Messrs. &. II. Heath and H. W lleaton
for defendant.
Daniel Bacon rs. Lewis W. Avery, Mortified
case. in which there Is long array OF disputed
accounts between the parties, Is now ON trial
Messrs Geo NJ Fisk aud }. T. Iamson are for
the plaintiff and Mcssrs G, II. Heath and Frank
Plunley for the defendant