Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-04-12
Washington County Court.
Hos. I. r. RrnriEIp, Presiding Judge
Hon JAMES H. HOLDEN, Ass,s,oDt .J,,lges
Hon. WILLARD S. MARTIN,

W
TIMOTHY r. MERRILL, DfpHfy Cl0k.
Henry OyArr, reporter
The Washington County Court adjourned last
evening. after session Of four weeks and one
day. with the exception Of the Miles case, the
trials were generally unmportant. The general
depression Of business in the community seems TO
affect the legal fraternity as well as others, and
shortens the terms Of court considerably The
Court Of Chancery sits again next week
THE cAsE or CURLY
Last Thursday afternoon, the court upon the
request Of Mr. Dillingham;, entered a noi pros. as
to the various indictments against Peter Alphon-
sos Curley. The Barre Bank by its attorney, Mr.
French entered discontinuance In It's suit against
Curiey for civil damages. Mr.. Heath, Curley's
counsel, thereupon asked for his release from jail
but Mr. Wing counsel for Mr. Charles A. King
the Cashier of the Barre Bank, In behalf Of whom
his wife and daughter, suits are pending against
Curey for twenty FIVE thousand dollars said that
he had been instructed not to withdraw those
suits, for the present, at any rate. Curley there
fore remains in jail, and the action Of the govern
ment in his behalf /. uullifed Considerable in
dignation is expressed in all quarters at Mr.
Kings conduct Curey has rendered essential
aid to the prosecution, and, in the opinion Of Mr..
Dillingham; and the court has fully earned his re-
lease. MIR Dillingham; says that DR. Baloy,
some time ago, promised him that those suits
should be withdrawn, and he understood, ever
since, that no bar should be placed to Curey's re-
lease by any civil actions, Curley counsel assert
that Mr.. King has promised to discontinue his ac-
tons whenever the government should be ready
for noi pros Il would seem that II the interests
Of the state which are vastly greater than any In
divduals, are not injured by setting Curley at
liberty, no other obstacle ought to be placed in
the way Of his release. by his assistance, Miles
and Kingsland are now In prison. and German,
aias Worcester sam, would have been, in all
probability, II he had not found time TO get out Of
the way during Mr. Dtllingham's long search Tor
Mr. King, in Canada, last summer, whittier the
latter had gone on vacation, during the midst Of
the pursuit Of the robbers, without leaving his ad
dress behind him.
~ MEMoRfNL
Last Monday evening" session Of the court was
devoted TO addresses in memory Of the late Chief
Justice Isaac + Redfeld, and Of Luther New
comb for SO many years clerl, Of the court Reso-
lutions eulogisiic Of the deceased were offered,
and read, and by order Of the court placed upon
the records Remarks were made by Mr. W p.
Dillingham;, Honorable b T. fifeld, Honorable
c. W Willard, Honorable Homer W. Heaton,
Joseph A Wing, Esq, Honorable Charles II.
Heath and Judge Redfeld The occasion was
deeply interesting. The addresses We're taken
down by the court reporter, and will be published
in book form
DIVORCES
ri. a. 4
Abbie Z. Dow, Of Montpelier, ~. Parker ;. Dow,
Of laporte, Iowa. divorce granted for wilful de
ser,ion, and custody Of minor child Gertie May
Dow given to petitioner Maria A. Wheeler
u.s. Edgar A. Wheeler, both Of Berlin divorce
granted for wilful dcserton and refusal To sup
port, and petitioner allowed 10 resume her maiden
name of Moses Julia Norcross u.s. Alden Nor.
cross, both Of Fast Montpelier motion Tor TEN
pomry alimony granted and case continued.
Ella NJ yeo u.s. Gideon yeo, both Of Mortified
divorce granted for wilful desortion aud refusal
to support, and custody Of the minor child, Frank
Gideon Veo. given TO the petitioner Ella j.
Brown, Of Mortified, rs David G. Brown War
rem divorce granted for adultery, and petitioner
allowed to resume her maiden name Of lockwood
Lydia A. Merriam, Of Cabot u.s. samgel d Mcr
RAM divorce granted for intoleable severity
and petitioner allowed to resume her nader
name Of Dudley
RFsUNE OF CASES TRIED.
The following is a resume Of the more mportan
cases tried by the court
Lewis Ilassam ~. George X Edwards Tres
pass, De bonjs, for the taking and selling 10y tn,
defendant, as the property Of the plaintiff, tw,
buffaloes Defendant was school collector o
school district No 10 in Mortified, in 1872 A
the annual town meeting in Mortified, March
1879, school district No: 10 WAS dissolved, tw,
farms were set ON 10 No. IL, and the balance Il
No. Is. At this time No. 10 was somewhat II
debt, say about cighty-fye dollars. Officers fo
the new organization were elected at the annua
school meeting Of 1873, aud again for 1874 Apr
18th, 1874, the old organization Of No 10 as Il
existed before the union, met in special meetin.
1t the call Of the old district clerk In office at tn,
time OF the union, and voted 4 tax Of thirty-sii
cents on the dollar Of the grand list Of 1872 Thh
list was certified by the old prudential committee
in office in 1872, and put in the hands Of Georg,
X. Edwards the defendant who was legal col
lector Of school district No 10 In 1872, but wa
not collector Of the new school district in 1874 al
the time the tax was voted. Plaintiff refused t,
pay his tax, and the defendant, as such collector
proceeded to levy and sell the property named il
the plaintiff writ, to satisfy said plaintiffs taA
1t was admitted on trial that the plaintiffs levy
and sale were regular provided that he had author
| ity as collector OF 1872 to collect tax in 1874
raised upon the list Of 1872 It was agreed thai
| II the plaintiff should recover at all, his damage,
were to be assessed at twelve dollars and finy
cents The defendant justified rs collector under
his warrant a. collector and claimed that under
the statute Of 1865 the districts were not merged
until the debts Of both districts were all paid
and that for the purposes Of paying the debts oil
the old district leyying and assessing taxes til,
officers OF 1872 we're still in existence and had
full power and authority to act Plaintiff claimed
first That this was not such union or enlarge.
ment as was contemplated by the statute Of 1858
and that therefore the collector Of 1872 was not
in Office as claimed by the defendant in 1874. and
second II the case did fall within the statute OF
1868, the tax voted April 25th 1874 and by virtue
OF which the defendants levy was made, should
have been placed upon the grand list next to be
made up May 10Th, 1872 Judgment for the de.
PENDANT To recover his costs Messrs H. W
lieaton and }. NJ johnson for plaintiff aud Frank
Plumley and George Fisk for defendant
! Levi A. Persons Is Ebenezer Gunnison. The
plaintiff is a farmer in East Montpelier. and the
defendant an old gentleman residing in this yil-
lage, II appeared that in the spring Of 1873, the
defendant was the owner Of a certain colt. which
he allowed plaintiff to take and keep, on condi.
ton, as he says, that the colt should only be used
for driving between his farm and this village 1t
was agreed that plaintiff was to receive two dol
lars and half week for awhile, and two dol
lars after that, and then nothing. Plaintiff
claimed that there was no Limitation TO the uses
the colt was to be put to- but that he was to employ
him in any service that would aid his being fitted
Tor market The bill he now presents for keeping
the colt amounts TO nineteen dollars, and defend
ant refuses to pay it because the colt was damaged
while in plaintiffs care, and damaged by wrong.
ful usage. 1t was admitted by plaintiff that ono
OF tho colts legs was hurt while ploughing West
ern corn but 1t was contended that the colt was
now fully recovered and that no permanent injury
was done. The court deducted ten dollar. for the
injury which left nine dollars to be recovered
Messrs Heath aud Carleton for plaintiff Messrs.
J. D. Livingston and J, A. Wing for defendant
Harry Buckley rs. Town OF Duxbnry. This
was suit TO recover the sum Of twenty-nlne dol
lars and eighty cents, and seyenty-one dollars and
eighty-hye cents and interest which plaintiff
claimed were owing him by the town for services
as lister, oyerseer of the poor, town agent and
| highway surveyor, during the town and higb,yav