Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-04-07
Washington County Court.
Hon. T. T.. RrDriELD, Presiding Judge.
Hon. JAMES " HOLDEN, 4s.i.,on, J,.I,,..

Henry OvfA1T, Reporter.
The March term Of the Washington County Court
came TO an end on Monday, aftera session Of four
weeks. a large number Of important cases were
tried, aud the docket Of the Supreme Court will
probably receive several nice questions Of law for
final settlement The presiding Judges swift and
urbane manner Of conducting business incites the
hearty cooperation Of the members Of the bar,
and very little time Is wasted during the sessions
cases are tried with remarkable speed and the
time Of the state aud the public economical TO the
utmost.
One Of the most satisfactory incidents Of the
term was the marked decrease In the number OF
divorce hearings OF the eighteen cases on the
docket only eight came to a trial, and in two
Of these the petitioner failed to satisfy the court
It wits evident 10 all present at the hearings that
Judge Iedfed takes high and proper ground as
to the sacredness the marriage relation and holds
that every little difference between husband and
wife should not be cause for breaking the solemn
and holy bonds Of matnmony. While all real
cases Of marital derection should receive the Mt
tention Of the court, encouragement should not be
given 10 the restless and impatient TO resort there
for relief from the petty annoyances Of rash and
Il-considered marriages, and people should be
made h feel the truth Of old adage marry IN
haste and repent At leisure. "
A petition signed by all the members Of the bar
was presented 10 the beEeh, asking for new tables
and desks in the court room. II Is understood
that the petition was favorably considered and by
next term decided improvement In the furniture
will have taken place.
On Saturday, Messrs Hiram A. Huse. George
"a
Charles W Porter and William p Dillingham;,
were appointed masters In chancery, ehnd Mr.
Henry Oyiatt was sworn as an attorney Of The
Washington county bar.
The following divorce cases were granted -
Melyna - Smith from ChesterJ. Smith, for intol-
cradle severity aud refusal to appropriations
given leave 10 resume her maiden name Of barnet !,
Alice NJ. Jones from Seth " Jones, for refusal 10
support, custody Of child, Eula l.. leave to resume
her maiden name Of Gray, and alimony according
To schedule, given to petitioner Albert }. Town
from Alvin Town. for adultery Emma J. Hart
we'll from Amos T. Ilartwell, for intulerble sever
ity, petitioner given leave 70 assume her maiden
name Of Washburn, Hattie T. Pike from W. J.
Pike. for intolcrable severity, decree Of alimony
according 10 schedule petition for the custody Of
from Leonard A. Pray, for intoerable severity.
IN two cases the petitioners were unsuccessful
but the court allowed them 10 be continued till
another term louisa l. LOOMS No. orlin W.
LOOMS Edgar Wheeler Vs. Maria A. Wheeler.
The case- Of Diana b Mann 49, Gideon Mann,
and Guy Reed u.s. Ellen Reed, were discontinued
The other divorce cases have been continued
One hundred and eighiy-seyeD new cases were
entered during the terin-the largest number for
many years
In the famous South Barre mill-dam ctse Of
Day g. Hi, full costs have been allowed plaintiff,
on motion, which must give several hundred dol
lars In addition To his verdict.
Judge Royce relieved Judge Redield for an
hour ON Friday afternoon, aud disposed Of few
cases which the latter could not try. owing to le
gal disabilities. The most important case heard
was that Of Middlssex e. Montpelier, a summary
Of which is given towards the end Of this report
In the case Of r. J. Hubbard Is. Montpelier &
Wells River Railroad Company and Trustees, judg-
ment has been rendered against the road for
S2eG45
Asa W Edgerly, whose plea Of guilty Of as
sault ON Alice J. Cochran. was noticed in our last
weeks report was fined $50 and costs
In the case OF the State rs John L, wilbnr, con-
vic,ed Of assault and battery the bonds were
called and forfeited
The town grand Jurors complaint again-, Fri =.
Gunnison, Of this village for keeping viciualling
house without license, was continued
The defendant In the action Of account brought
by the town Of Mortified against ;. + Judd, has
given Judgment 10 account without prejudice. A.
TO certain items in which he claims he Was not
bailiff for plaintiff, and the Hon. C. W Willard
has been agreed upon a. auditor. Defendant was
the town liquor agent Of Northfed and the suit
Is to cause him to account for the liquors put into
his possession from February 10Th, 1873, t. March
18th, 1874. The al damnum L. set at $500. A
second suit To recover the sum of 81 42i 80 and In
terest claimed to have been received by defendant
from the sale Of liquors, as agent Of the town dur
ing 1872 and 1873, was continued
The cases Of r Belkuap Surviving partner rs.
Mortified national bank, Mortified national bank
rs Perley Bellsnap same rs p. s l.. Belknap and
trustee were referred TO Judges Wheeler and Red
field, aud TO 5 c Shurlef, ESD. strong board
OF referees.
The following is resume Of the principal cases
tried
Mallory Bancroft rs W. c, Robinson and Walter
T. Slayton This was an action Of repeyin 10 re-
cover fifteen wooden revolving horse-rakes Al
the parties are residents Of Calais 1t appeared
from plaintiff testimony that in March, 1874 he
made contract with d. A. Marble to make fifty
horse. rakes, the mkes u be made In Marbles
shop at Maple Corner, in Calais and the material
for the rakes to be furnished by Marble-plaintin
10 have fifteen Of the akes when they were fin
/. ~ a. 10.
shire aud sell them Plaintiff went to work, and
on the 10th Of June, 1874, everything in the shop
was attached by defendant Slayton, the constable
OF Calais, in suit brought by defendant Robin
son. There were twenty-seven or eight Of the
rakes completed at the time Of the attachment,
and they were taken away and stored by the
constable in shed, OH the sAw-ml premises OF
John Robinson in Calais, where they remained
till fifteen of them were repevined by plaintiff
II was admitted by the plaintiff, cross-examin-
alton that there had been no division OF the prop
erty as between him and Marble, and it was
claimed by defendants that the plaintiffs claim
was fictitious -concocted by him and Marble To
defraud Robinson-and that his real position was
that Of a laborer for Marble, at 50 much day.
There was considerable testimony introduced on
UNIV bN"iAhe NptAAA'AAAiA bH tHt
issue, but the foregoing the facts on which the
case depended The court found the existence of
the contract, as claimed by the plaintiff, but de-
cided that action OF repleyin did not lie, since
the rakes seized were not actually plaintiff prop
erty, any than the rest of the lot and plain
till had no right In action Of replevin Ia select
what were and what were not his property out OF
an undivided lot In which he and Robinson had
common interest. Judgment for defendants for
the return OF the property, and one cent damages
and costs Exceptions allowed plaintiff. Messrs.
J. o. Livingston and Joseph A. Wing for plain
tiff Messrs Homer W lleaton and Charles H.
Heath for defendants
Andrew iIowarth rs. David r. Fisk and jackson
Whitney Action of ejec'ment to cause defend
ant to remove from certain premises in North
field, described in the writ as comprising a mill,
mill privilege, yard, shops and dwelling
connected with mill mill property, and all the
property contained Ia the deed OF Christopher and
Sophia Winter 10 David K. Fisk, dated March D.,
1855, exceptin. what said Fisk decided to Sarah
Fisk. This property is situated along the high
way leading from Northfeld depot village to
Montpelier, In the village OF Gouldsville. Plain
till and defendant Fisk are brothers-in-law.
Whitney occupies the mill-house under Fisk.
Plaintiff claimed that in 1865 Fisk morgaged