Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-03-31
Washington County Court.
Hon. 7. ?. RrDrnrD, Presiding Judge.
Hon. JAMES II. HorpYT, ..,.,, -.
Hon. WILLARD S. MARTIN, h'''''d" '"a0''
WILLIAM T.. DILIiSoHAM, States attorney.

cases which had been set 10 the court was DO
gun The trial Of these cases. the petitions for
divorce, and law questions, will take up the rest
Of the week, and perhaps a day or two more.
There are also sxty-nine cases on the chancery
docket and thirty-two Of these new entries
Most Of them are petitions for the foreclosure Of
mortgages
Among the curious cases entered at tho present
term wis one entitled Charles l.. White 49, Town
OF Marshheld. Plaintiff, who is said TO be now
resident Of Boston, ayerred that In November,
1879, he was taken sick with the smallpox at
Marshfeldi that he informed the selectmen Of bic
condition and demanded his removal to a remote
place, and the provision Of suitable medical atten
dance and nursing; that they wholly neglected
him, and neither removed him or provided any
care and forbade physician entering his house
that In Consequence Of this neglect on their Part
he was compelled 70 remain In the same house
with his wife and four children three weeks; his
wife and children were not vaccinated iii It was
too late and they caught the disease that three Of
the children, Eva, DE Eta, and Joel, died, and
his wife was horribly SCARED and dishgursd
For his cares and anguish OF mind plaintiff
claimed damages Of the town at $1,000 Messrs
Gleason & Field attorneys The defendant
through IL attorney, Mr. $. c, Shurtlef demurred
10 the snnlcioucy Of plaintiffs declaration on the
ground tina, the town could not be made liable for
the negligence Of its selectmen, and the demurrer
was sustained Exceptions by plaintiff.
The state cases have all been disposed Of, except
the complaint against Fri 5. Gunnson for keep
ing victualling house without a license, which
has been set ITO the court" aud the case Of Alex
ander Campbell, Jr, for selling liquor to S. Angel
John Mcdonnell, who was arrested in Msnohes-
ter, n. H., during the winter by sheriff futile,
and committed TO jail in this village, charged
with stealing two silver watches and some clothing
from James Hamilton, one Of his fellew workmen
on the Montpelier and White River railroad was
brought into court Thursday morning, at his own
request, and pleaded guilty Of grand larceny
John bawed like a sehool-boy, and said to the
| court :" am n handwriting man; this is the
first offence ever was charged with, and hope
your Honor will be as light upon me as the law
will permit" It appeared that John played sick
on the day Of the theft, January G, 1915, and
stayed In the shanty while the gang were at
work lie left the job soon aiterward, and the
property being missed, suspicion fell upon him
The court, after some appropriate suggestions In
regard to his leading an honest life in the future
sentenced respondent TO two years in the state
prison.
Asa w Edgerly, OF Montpelier, indicted for an
assault with intent 10 rob upon Alice J. Cochran
on the road near Dr. G, n. Bdghams house, in
this village, the evening Of June II, 1872,
pleaded guilty to a simple assault, and the plea
was accepted. The case was tried at the last Sep
TENDER term, and the jury disagreed
The entry, mot 70 be brought forward, /" was
made in the cases OF State re-. Theophus Cham
peau, and State 70. Philander Arbuckle Champeau
is indicted for stealing pocket-book containing
ten dollar bill from Royal Stevens on Main street
in this village July 2, 1872. The jury disagreed
on his trial and he has since been on his good be
hayior. Arbuche Is charged with assault and
battery upon Howard Arbuckle, at Eas; Monipe-
lier, July 20, 1871. lie is now out OF the state
The indictment against Rufus Carpenter, and
the complaint against James H. Someryille, were
mol pressed. Carpenter formerly the land
lord Of the American House. in this village, and
was tried in the fall Of 1873 for violating the
liquor law The jury disagreed, and Carpenter
being out OF the state, and the witnesses scat
tered, the states attorney informed the court
that he deemed It iuexpedient to keep the case on
the docket. Somer lie was convicted before a
justice In waitsfsld OF assault and battery on
Arba Durkee, April 25. 1874, and appealed 1t
appeared now that he sick and feeble, and
unable to come TO court.
In the against jerome H. Roberts, OF Mont
peer convicted before justice, last January, Of
seven first ofienses against the liquor law and
fined $40, from which he appealed, the respon-
dents counsel Messrs. Joseph A. Wing and j. o.
Livingston, demurred to the complaint in that it
failed to state where the odenses charged were
las,
days and times to your complainant unknown.
did sell, furnish give away intoxicating liquor
without authority, contrary to the form and effect
Of the statute, etc. and did not allege at Mont
pelier, in the county of Washington. The de
murrer sustained and respondent discharged;
a lucky omission for him.
benjamin spinard's case was also mol pressed
it appearing that the only witness the state had,
Daniel Tehan, Of Middesex, was away in parts
unknown.
The cases Of Robert D. Dow indicted for selling
one hundred and thirty pounds of diseased beef
10 Walter Fuller, knowing the same to be such,
at Woodbury., January l, 1872 Benjamin Daley,
Of Montpelier, and Andrew Scribner, Of East
Montpelier, joint appellants from a justice court
conviction for an assault and battery upon Lucius
W. Scott, Of Marshfed February 90 1876; Geo.
w. Omstead apt, OF an assault and battery upon
Francis Donahue, at watsfeld, October 10, 1874
Philander O. Morse and Curtis Gerry, both OF
Cabot jointly indicted for breaking and entering
the house Of Allen Perry, in Cabot, October 10,
1873, and stealing twenty dollars and quart Of
liquor-were continued.
In the case OF George L. Spear U.s. Town OF Dux-
bury the jury stood, when the papers were taken
from them, ten for defendant to two for plaintiff
They were out from ten o clock Thursday morning
Till about Ave in the afternoon when the foreman,
Mr.. James X. Toby, OF Calais, informed the court
for the second time that there was no chance OF
agreement There has been a great change in
public opinion as to town-suts within the last two
years, and plaintiff must have a strong case In
order to get verdict now II his notice prove
good, which doesn't always happen under the
present law. 1t is almost impossible for layman
10 draw legal notice rs the statute now is, and
whoever neglects attorneys aid will be very apt
to lose his without hearing to its merits.
The following Is resume of the jury cases tried
George T.. Spear rs. Town Of Duxbury. Plain
till is clerk in the drugstore OF Messrs Bascomb
& Dewey In this village On the 9th of March,
1874, he hired a horse and sleigh from George
Wheeler the lyery-stableman back Of the Union
House, and accompanied by his aunt, Miss Hattie
NJ Dow went on a visit to William Turner's In
DuIbury, situated ON the main road between
waitsfeld and Waterbury They stayed over
night, and at about three o'clock in the after
noon started on their return home. They came
In southerly direction along the main road,
passed Jacob Fairs house, and some three or four
rods beyond turned to the right into little cross
road which led by the place OF II. NJ Griffith and
into the Moretown and Duxbury road, 10 called
This cross-road was formerly a pent road, but
several years ago the gates were removed, and
a portion Of the wall Of the Waterbury road
taken down On one side OF this cross-road, right
at the corner was a large stone, partially covered
up with snow, and on that stone, plaintiff claimed,
one Of bis sleigh runners struck, and he and the
girl were tipped out. The horse some dis
lance, and the sleigh was pretty well smashed up,
for which Mr. Wheeler now has q suit against
Duxbury. Defendant claimed that this cross
road was not public highway within the mean
ing Of the statute, but this claim was not insisted
upon as the case progressed The towns main
ground OF defence was the eontributory negligence
Of the plaintiff, under the rule OF law which lays
- a