Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1875-09-24

II was claimed that some fence posts and
fence rails were burned and that the wood
and timber standing upon the plaintiffs
wood land was greatly damaged. The
plaintiff claimed that the lire originated
from spark from one of tho locomotive
engines passing over the railroad track of
which the defendants we're trustees and
managers, and further claimed the de-
PENDANTS had not taken proper precautions
TO guard against a fire of this character,
but had suffered dry brush and other COM
bustible matter 10 remain near the railroad
track. The defendants evidence tended to
show that the bushes beside the railroad
track were cut every year and burned as
soon as they became dry enough, and that
in this respect as well as in others they had
used proper care and caution. 1t appeared
in evidence that the plaintiff did not have
any title TO the land in question, but that
the same was owned and inherited by his
wife. Defendants counsel claimed that
the plaintiff could not recover for injury
to the growing timber or for The ether dam
ages claimed because the plaintiffs wife
was not party in this suit. The jury
found that the fire originated as the plain
tif claimed, but found specially that there
was no injury to the plaintiffs life estate in
said prop' ry, but that the injury to the re-
version was S2ls. Davenport & Eddy coun-
sci for plff. X. Haskins and J. NJ. Tyler
for def.
j, s. Purple Ct al. administrators Us. La
Jdyette Whithcdd huStce.-The court held
IL, III tl,s 81. i
ma intained because the administrators had
not taken any letters of administration in
this State. 1t appeared that the plaintiffs
were duly appointed administrators in
Massachusetts. Geo. Howe and A. Stod-
daid counsel for plfs. c. n. Davenport
and X. IIaskins for def.
Willard ". Whitney as. II. H. Chamber p
tdin.-This was an action of a, sumpsit 10
recover fer quantity of lumber sold to
the def. in the spring Of 1872 The delt.
denied that he purchased all the lumber for
which the PHI claimed payment, but that
he only contracted for the first quality of
lumber, and agreed 10 dispose OF the Sec
ond quality if he could, aud then pay what
he could afford TO for ii. The case showed
h'"' Ah'iS was u l'i ~ VI
which was of a second qrality, and that the
def. did not make sale of all of ii. Yer
dict for plainliir S2l5. X. IIaskins and c.
N. Davenport for pin. A. and l.. w. Stod-
dard for lct.
LehClS WdcOr as. 4. FLETCHER Stone -
While the defendant was minor Wilcox
sold him a horse for $40, The defendant
paying $40 at the time of lis sale. 1t APP
peared in evidence that Stone went TO the
plaintiffs house sometime after this pur-
chase and wanted to rescind the contract,
and offered to return the horse which the
plaintiff refused to accept. The defendant
refused to pay the balance for which suit
was brought, aud claimed that the horse
was warranted kind and sound. The evil
dence showed that the horse was what is
termed kicking horse aud was not worth
half what the defendant agreed to pay. 1t
appeared that the horse did not make
known his vicious habit until after he went
into the possession of the def, though the
plaintiff admitted that upon one occasion
the horse kicked while be owned him. The
plaintiff insisted the def had not returned
the horse, but had kept and used the same
AFTER he became Of age, and that the horse
was not warranted kind. Verdict for plain
tiff sos. Chas. N. Davenport and J. G. Ed
dy for plaintiff. ). T. Davenport and X.
Haskins for defendant.
Jane Piper as. Harlan w. Ringsbuy.-
This was an action for breach OF promise.
The parties formerly resided in Chester
and the defendant in 1868 irSt began to pay
attention to the plaintiff. In 1870 the par
ties were engaged h be married. This en-
gagement continued until the spring Of
1873 when the del., then residing in Wor-
cester, visited the pin. and told he. he had
concluded not TO marry her and that he had
come TO the conclusion long lime before
that. The only reasons which were given
by the den. for terminating the engage
ment were Of n political and religious ma
ture. No valid reason was shown. Yer
dict for PIN 1905. f. w. Stoddard and c.
B. Eddy for PIN. Davenport & Eddy for
def.
Some of the persons against whom the
grand jury found indictments were brought
into court Tuesday morning TO plead. Geo.
Daniels was indicted for breaking and en-
terlng the store of o. c. Fits of Wardsbo-
70 and taking goods therelrom. He plead
ed not guilty. II seems that Mr.. Daniels
preached during the summer in the town
of Nottingham, and at that time claimed
to be an Episcopal clergyman, and also
claimed that he had labored as a missiona-
ry in Cuba.
Kennedy was accused Of committing a
rape upon woman of 20 years of age, and
plead not guilty to the Indictment found
against him.
State rs. Bmiingdme.-Th was an in
dictment for adultery. Plea, not guilty.
State rs. Jas. Boyce.-This was an indict-
ment for an assault with intent 10 kill. |
Plea, not guilty.
State as. Jennings. This was an indict- |
ment for larceny and the respondent plead |
guilty.
State Us. Thomas Hewu.-This was an
indictment for the larceny of gold watch. |
The respondent is a boy nearly twelve |
years old, and has been connected with
some circus company. His father resides |
at Bellows Falls. 1t seems that the watch |
was taken from the possession of lady as
she was looking at some of the animals |
which were exhibited by the circus COM
pany 10 which young Hewitt belonged. |
Hearing the chain break she turned and |
found her watch in the hand of the re-
spondent. Hewitt plead guilty to the in
dctment found against him and was SEN
fenced to the reform school until he be-
comes of age.
The States attorney gave notice that he
would be ready 10 try the criminal cases
next week Tuesday, end that day has been
assigned for said trials.