Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1876-11-25

Action brought to recover under the
statute for building line fence. Defendant,
aS alleged, neglected to build his part of
line fence between his aud plaintiffs land.
Accordingly, plaintiff built the whole
| fence and brought this suit to recover
double the amount of cost as provided by
the statute. The defense was mainly
that plaintiff did not proceed legally in
the matter of building the fence. Yer
dict for plaintiff for S27S.4l; Ray Drew
for plaintiff; Fletcher 6 Haywood for de-
I PENDANT.
jas. B. Brorn u.s. John IT, ThippIe
Action brought to recover pay for certain
quantity of hard wood lumber, sold by
| plaintiff to defendant, in July, 1868. De-
/ PENDANT refused to accept the lumber or
pay for same on the ground that it was
not as good quality as was agreed upon.
This case had been previously tried twice
once by jury and once by referee; on
the first trial the verdict was for plaintiff.
and on the second for defendant. Yer
dict for plaintiff for $500 dam ges; ques-
tions of law arising on trial reserved and
case transferred. Benton 6 Benton for
plaintiff; Ray & Drew for defendant.
State Us. George Kicker. Breaking and
entering the store of True Lowering OF
Stewartstown. Respondent pleaded gull
ty and was sentenced to three years i'm
! H.. . h., I.;.
State as. Josiah Il. Wheeler and Henry
Cormea. Larceny of two tubs OF butter
from Mrs. Diana II. Noyes. The cir
cumstanceS Of the above theft have al
ready been published. Wheeler turned
States evidence against Cormea and him
self. There being no evidence of Cor
meas guilt except the testimony of
Wheeler, which was apparently deemed
unreliable by the jury, he was acquitted
Verdict Of guilty entered against Wheel
er
State rs. Josiah IT. Wheeler and Free
man II. Perkins. Breaking and entering
land the larceny of eleven tubs of butter
of same complainant as above. The evi.
dence, except that given by Wheeler, was
principally circumStantial, and it seemed
to be the opinion of the bar, generally,
that respondent could not be convicted
upon it. In his charge to the jury, how
ever, the Judge expressed Enthusiastically
his opinion that respondent was guilty
and declared that his appearance upon the
stand Indicated guilt and stated that he
| (the Judge,) should have no compunc-
tons in sentencing him. Verdict, guilty
Counsel for respondent excepted, on the
ground that the charge of the Court was
ar ntent tive. Questions arising upon
motion to quash the indictment, transfer
red. Solicitor and VIM. Haywood for
State; Crawford for Cormea and Perkins.
! All the cases upon the civil docket were
Monday morning taken from the jury list
by the unanimous vote of the bar, and
continued. The docket is very large and
the members of the bar expected to ac-
compliSh large amount of work this
vi IiS SA pCl lSuSS blluS lbl SlCN blldU
Impartial trials could not be had, conse-
quently the cases haYe been continued or
referred.
Monday afternoon, Freeman H. Per-
kins, convicted of completely in the lar
ceny Of butter, was brought into Court
aud sentenced by the judge to four years
/ in States Prison. Oliver wilkins was
! arraigned on an Indictment for larceny of
small quantity of pork and pleaded gull
! ty. Sentenced to thirty days IN the com
mon Jail.
State Us. John T. ". IVbitney. In
dictment for burning an unoccupied
house in Northumberland belonging to
Charles Bailey. The house was burned
last Feb. and respondent was bound over
by the justice before whom the case was
heard in the sum of $400, for appearance
at the present term. On trial. Solicitor
and Drew for State. Benton aud Ladd
for Respondent.