Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1875-04-23
wiudham County Court.

| the place OF Judge Barrett, as preslulhg
Judge 1t is understood that Judge
Wheeler will preside during the remain
der of the term. Judge Barrett has
gone to Lebanon n. H., to be present at
the examination of Mrs Wilson, ON the
charge Of putting arsenic in the tea,
whereby some four persons were poison
ed. One of the ladies who suffered from
the effects of it, is sister Of the wife of
Judge Barrett.
The first case tried during the term,
was, Jacob Chase VS. j. Henry Kidder.
This was an action of trespass. The
plaintiff is an old man seventy two years
of age, and for forty years previous to
1869, had been resident and prosper
Gus farmer in the town of Wilmington,
The defendant was collector of the town
of Wilmington Previoust to 1869, and for
many years, heplaintiffha had been reputed
to be wealthy, and was now supposed to
have quite a large amount of money on
hand and due him. This the plaintiffal-
ways stoutly denied. The listers from time
to time assessed him for quite an amount
of money on hand and due him. The
plaintiff had from time to time made
oath that he did not possess the amount
for which was assessed, but was disbe-
lieved, and the collection of the taxes
against him was enforced In 1868, the
plaintiffs wife died. In March 1869,
the plaintiff resolved to own no taxable
property in the town, and to break up
his residence there, and accordingly con-
veyed his farm, stock, farming tools and
household effects TO his son and daughter,
and left the town, and took up his resi-
dence in Bennington, where he resided
for about two years, as he claimed In
1871 and 1872, he claimed his residence
to be in Nottingham, where be owned
some real estate, but he spent quite a
| portion of his time with his daughter on
the old homestead, in Wilmington. The
main question in issue, was, whether, ON
the first day of April, 1871, and 1872,
the plaintiffs residence was in Whining
ton, as claimed blythe defendant, or in
Nottingham, as claimed by the plaintiff
The plaintiff was listed and assessed in
Wilmington in both these years, and re-
fused to pay. The defendant, as collector,
arrested the plaintiff, and committed
him to Windham County Jail, for non
| payment of the taxes After the COM
mitment, plaintiff secured his liberty by
payment of the amount of taxes, and
costs. This suit was brought to recover
for the arrest and imprisonment, and
the amount paid for the taxes and costs.
The plaintiffs evidence tended to show,
that his residence was in Nottingham,
and that when at his daughters resi-
dence in Wilmington, he was at work
for her by the day. The defendants
evidence tended to show, that plaintiff s
residence was in Wilmington; that the
residence in Nottingham was pretence,
for the purpose Of avoiding taxation A
large number of witnesses, on both
sides testified, and thecase excited much
interest. Verdict for plaintiff. Dana
ges 500 So. For plaintiff, Hix, Brigham
and G. N. Davenport. For defendant
o. Z Butterfeld and Haskns.
Aurelius G. Howard VS.. Charles E
Tyler This was an action of trespass
+ brought originally before justice o.
the peace. The plaintiff resides in Towns
t bend. The defendant resides in Newfane
and in October 1871, was engaged il
teaming and freighting between the towns
of Dover, Newfane and Brattleboro
On the 3lst day Of October 1871, tn,
, plaintiffs wife and her sister, the lat,
Mrs. Benjamin w. Dean, went to Brat
tleboro with plaintiff horse and carriage
They drove up to near the sidewalk il
Brattleboro and Mrs. Howard left tn,
carriage and went into store. Mrs
( Dean remained in the carriage. Will
t the horse and carriage was staudin!
: there, the plaintiff came along with hi
t horses and freight wagon In passin.
n there was collision. The wheel Of tn
= freight wagon struck the wheel of tn
: plaintiffs carriage, breaking one of th
springs, and otherwise damaging il
# The plaintiff evidence tended to shoy
e that the collision was the result of care
5 less driving on the part of defendant
t The defendants tended to show that h
e was in the exercise of proper care il
t driving, and that the collision was occa
n stoned by plaintiffs horse, backing tn
is carriage into the road, and bringing til
l. wheel of the carriage against the whee
IS of defendants freight wagon. Verde
Is for plaintiff. Damages S15. For plain
tiff, A. Stoddard and E. w. Stoddard
r For defendant. C. n. & George W
+ Davenport
Decoration Day.
Gen. Devens has just issued genera
orders No. 12appointing Saturday, Ma
20, as Memorial day, when the custom