Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-06-16
Orange County Court.


NELSON T.. BoYprN, Sirtt'S Attorney
Henry OyiArr Rp9tcr
The court has been busily occupied In disposing
Of cases during the past week, and good progress
has been made upon the jury calendar Some
fifteen cascs still stand FOR trial, however, and it
will be fortnight in all probability before the pam
els are dimissed Since last weeks report, the
cases Of whitney u.s. sharon; Howard u.s. CaUcn-
ter ct ais Church u.s. Bates Brothers sharpe rs.
Briggs & co., and State u.s. Charles Magoon, have
been tried and ,crdcts rendered, and the case Of
pascoc rs. Pollard was nearly finished but was set
not for the jury by defendant when the evidence
was nearly finished Judge Powers dispatches
business with great celebrity and very little time is
wasted dufing court hours.
Thcnext case for trial is entitled Louise A. Priest
u.s. Roswell g. Curtis Both the parties live in
West Randolph Plaintiff, widow Of some fifty
years. charges that defendant, also well stricken
in years, entered her house on the 10Th Of Sep
TENDER, 1873, and there attempted to violate her
person She lays her damages at 5000 The
affair cxcitcs considerable interest in West Ran
dolph and it is reported that more than ahundred
witnesses have been summoned. Mr. A. = Hun
ton. OF Bethel. and Nlr Nelson A. Boyden the
States Attorney, are counsel Tor plaintiff and
Hon PhIlaudcr Perrin Hon John W Rowell and
Hon Charles II Heath will conduct the defen-
dants case.
The Grand jury came into court last Wednesday
morning. and reported ten "bills found, and
seven "bils not found" They also reported that
the condition 81 the jail was cminently satsiac-
tory just previous To their dismissal, on motion
VI Mr. Alexander Mclane, of Fairlee, they
unanimously passed the following resolutions
R,oirs5 That The thank. Of the Grand Jury are due TO.
and IRE hereby rendered ~ L. Royden, Esq States At
orucy Tor the yer, able gcntonanly, aud courteous
which be has presented The business In his charge
ur the consideration OF the Jury. Also, mat the thanks %
uc jury are rendered 10 Aaron Davis. Esq foreman and
Co. Collins. Esq clerk for the able and impartial man
u which they have discharged tcr respective duties
The following Indictment. have been made pub
| lie thus far.
Against Henry Lowell and Joseph Abbott, alias
| Cheney, for burglary The respondents both hail
from Norwich, Vermont aud formerly lived in
! New Hampshire Lowell and his father have
| been living ia Norwich for a few years and have
/ borne bad character Last winter. Abbott came
/ from Ncg Hampshire and lived with them The
government claims that on che 3lst of last jauu-
/ airy. Sunday night old Lowell sent the boys out
to steal some cou Not having good luck, they
went to South STAFFORD, got some liquor at the
tavern there. and then hr Ike into the store OF +.
A. blanchard They stole about seventy five
dollars worth of goods, consisting Of tea. tobacco
shnt-stlds, ki. rs. alpaca, shifting, lnnts-coth,
boots, aud little money. Putting the property
into a tca-chest uaoy transported il to lowelis
house, where IL was transferred to another box
aud concealed in the hog-house. Before the jus
tce Young Lowell turned states evidence, and
was allowed to go % large The grand jury, how
ever. concluded that his case could not 90 uuno-
tccd and found bill Tie was arrested last
Thursday, aud is now 10 Jail with Abbott The
latter is going 20 plead guilty, it's believed
Against Francis Curtis and Samuel Smith. for
assault and battery. Il Is alleged that the as
sault was committed last town meeting day upon
Frederick II Hartman. in Orange, whore all the
parties live that there has been bad blood be-
tween tine parties Tor some time, that there was a
difficulty between Curtis and Hartman ia The
town han, which was qucled; that Curtis told
Smith that hc would give bis best COW TO have
Hartman licked and that thereupon Smith did
lick him after town meeting wa. over There is a
private suit now pending in TarFimans favor for
$1,000 damages Both respondents are now out
ON $500 bail
Against Lester Spear, OF Chelsea for larceny.
The Indictment charges him with stealing thirty
five dollars from the coat OF Abijah Allen at his
tanncry in Chelsea on the oath Of last September.
It was during the fair at runbridgc, and while
there is no direct proof against defendant, il is
claimed chat he cannot account for being unrea-
souably Glsh Of money at the time in question
Against "Zeb Perry and George Taylor, Of
Bmintree for burglary in Br,intree, last winter
Tayloris the man who escaped from Jail on the
mr., do, IS ,l.. ,4v'o. aud Zeb was his 81 pal d"
Zeb secured bail soou after his arrest ana Is
now out OF the state as is Taylor too, in all proba-
bihty so the case will not be tried this term at all
events
The following is a resume Of the cases tried by
the jury,
Sarah C.. Cleveland, Administrative Of Warren
A. Cleveland, u.s. " H. NJ Naturalization Of
special assumpsit, counting upon four notes signed
by defendant in favor OF Warren A Cleveland, OF
order, as follows For $500 payable in forty
days, dated West rairlec January 4, 1869, same
amount same place and date payable in sixty
days same amount, same place and date paya-
bic in ninety days 81, GO payable in thirty days
dated West Fairoe, January II, 1869 All the
notes to be paid At the National Bank Of Con
cord, New Hampshire Defence is the general Is
sue. At the opening Of the case, the plaintiff hay
ing offered the notes proof, defendant objected
to their admission, on the ground that there wa.
no proof Of their having been stamped according
to law The court ruled that the fact that stamp.
were upon the notes WIS pliua facie evidence oil
their having been legally stamped, and that the
burden was upon defendant to prove that they
We're not Defendant excepted to this ruling, and
plaintiff, hayngput the notes into the case rested
Defendant offered the deposition OF Preston S
Smith, late cashier OF the National State Bank o.
Concord, New Hampshire, but now Of Washing
ton, u. c. Plaintiff obNcted to H. admission, OF
e certain technical defects in the caption anJ
methods OF taking etc, and also upon the grount
} that notice to take was served upon them only
few days Def, the last term OF court when i
was impossible Tor them to attend The cour
sustained the objections and excluded the deposi
I ton Defendant thereupon set the case " not 70
G the jury, preierrng To take his chances will
t the court as to terms in judgment This is tn
Second time defendant has done this When i
0 was started before, a year ago, they claimed
! that Mrs. Cleyeand's testimony as to the stamp
ing took them by surprise and set it mot 70
the jury. MesSI- Roswell Famham and J. W
D koweil for plaintiff MessIs William IIohard an,
, c. W. Clarke for defendant
. Andrew +. Johnson u.s. David c. Abhott-Ihi
was also an action on a note growing out of a dis
T. agreement about the terms Of a lumber trade
' Defendant owns a saw-mill in Fairlee, in whicl
town plaintiff also resided at the time Of the trade
a In May 1872, plaintiff sold him lot Of pine log
= for 5000, and four days after defendant CAV
him three notes for $500 each, two payable in si
e months after date and the other on demand Tn
i rest Of the two thousand dollars was made up b,
p the delivery Of a note which plaintiff owed defen
b dant, and by a cash payment. when the frs
o note was presented defendant refused To pa
n them all, on the ground that plaintiff had chcate
c him in the trade but subsequently made pay
5 ment of S5742 on the demand note and las
G June he made a tender Of 81 600, which was take
Z by plaintiff as tender; but not as In full aoeor
, and satisfaction. The main disagreement betwee
the parties was as follows It seems that the trad
was ono Of those spontaneous transactions whie
!, often occur between friends and neighbors i
4 which no writings are made and which are too an
e to be remembered differently afterwards on tn
, afternoon Of May LIST, 1872, plaintiff, who had bee
n drawing the logs In question To defendants mil
o all winter, met defendant upon the latters prem
e ises, and the two commenced to talk trade. DE
e PENDANT says that plaintiff warranted him tw
c l thOusand five hundred looq with oi,,h.,. r..