Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-08-02

Lamoille County Court.

Tie adjourned session of the May term vi ui.
court opened on Wednesday. July 9Th, at ten
o'clock, A. 49, and the following officer. were
present Hon II Henry rowers, Presiding Judge
Hon a. - smith and Hon A NJ Woodbury., A.
s-tant Judges " II II Kenfeld. Clerk; Mason
Chahee, Sheriff j. $ Thompson States A.
torney Carroll Randall, Deputy Clerk = -
Mimms, Reporter
The business on the old docket not having been
completed when the recess was taken-Jnne I'm
was resumed and the first rase tried was
State rs Five Barrels Of Whiskey, Benjamin
Scott, Claimant, APPELLANT The claimant kept
hotel at Eden Mill. ON the n day Of May, 1870
said Whiskey was seized by Deputy sheriff j. !
Stevens, by virtue Of a warrant issued by Amasa
Stevens, Justice of the peace, upon complaint OF
three legal voters Of the town Of Eden ON the
ith Of May said Scott filed his claim for said five
barrels Of whiskey, under the statute, when
hearing was had before said Justice. and said
whissey was adjudeod forfeited 10 the use " the
town Of Eden. from which decision the claimant
appealed to thi. court. Upon trial ot the case.
the claimants testimony tended To show that be-
wa. temporarily keeping the hotel az Eden Mills
which he owned Tor the puno-e OF making quite
extensive repairs on Che house with the view cot
selling h. and that be- made tho repairs. and occu.
pied the hotel only about ear. although he had
not yet sold it-and that he ncyoroeculied it with
aview OF making that permanent business that
he bad prior to 1873 resided Ia Pennsylvania.
Kentucky aud other Southern ana Western states,
Tor large number Of years. and been engaged in
the business 81 buildlng railroads that he kneio
good " old bourbon whiskey and where 70 buy
ID. uH.N al. 0 q
tional tax that Congress WAS contemplating 20 im-
pose upon Vhi.key aud which they afterwards
did impose, he ordered said five barrels from
Ohio for his own private use, and moi for sale and
that none Of It was sold or given away in viola
ton of Chapter 20 Of the General Statutes that
he did not purchase il with the intention OF selling
1t, but for the sole purpose of using and consnm-
ing 1t In his own family, and claimed that he had
used from two Ia three barrels in hi- family every
year for great many years. lie admitted that
while in the hotel he had sold liquor. but claimed
that he kept a different grade for sale, and that
he had never kept Tor sale a. high grade said
five barrels which could not be retailed in Eden,
with the size of "giosses" they use there, with
ont losing money. The trial resulted In the dsl-
greement Of the jury. l.. 5 Thompson and + h.
Gleed for state. Brigham and Waterman for The
claimant
State rs. Joseph lAnway Appellant lroseen-
ton before Justice Of the peace, in Morristown,
for selling and furnishing liquor to one Dr Ben b
Conant, in which the respondent was found guilIl
and fined ten dollars and costs Of prosecution.
from which decision the respondent appealed 10
this court ON the trial OF the ease in this court
the respondents testimony tended u show that
az 4 4.
in the complaint, and requested the respondent
to get him some liquor, the respondent refused so
To do, but referred him 10 another man who pro-
cured it Tor him. The jury did not agree. > )
Thompson tor the state c. C. Burke for The
respondent
solomon Pratt 49, lIeman 4. Heath Breach
of covenant in the conveyance Of a farm In the
town of johnson, in which the defendant war
anted said farm 10 contain at least eighty acres
when in fact there was only about soyenty-h'e
acres the defendant having at some time pre-
vously sold about five acres To other parties
The plaintiffs testimony tended TO show that the
contract price for the farm, two thousand dollar
was an exorbtant price, and that said five acres
were the best part Of said farm, and worth more
than any other five acres. Verdict for the plailf-
til for four hundred aud fity-one dollars da~
ages aud his costs Brigham 4 Waterman Tor
the plaintiff T.. X Geed for the defendant
George 5, McAllister, as W. A. Boutene anu
j B. Woodward -. Action of assnmpsit to recover
the amount of promissory note, given p Ky Ln''
defendants 10 the plaintn ior quantity OF iul
less oats" Verdict for plaintiff for two hundieu
and forty-siN dollars and hfty-seyen cents ~
ceptions by defendant allowed, and case Isisseu
10 the supreme Court Brigham and waterman
for the plaintiff j. O. Livingston and Il, j
Parker for the defendants. The plainiin resides
Ia stowe, and the defendants In Montpelier
The only ease tried by jury on the new docket
was State rs. Heller Wood. Indictment for iois
cry, aud uttering and publishing forged paper
The respondent in the fall of 1879, then reslulns
in Cambridge entered into negotiations with one
Henry Parker, OF Emore, for the leasing OF s'iu
lhrkor's farm for term of five years, and !"
consummate the trade the respondent was re-
quired Ia furnish promissory note Tor hpn'
one hundred and five dollars with good sure~eIs
and also procure the execution by responsive
parties of guarantee on the back Of the lease o.
said PREMISES for the proper fulhllment OF ihe
conditions Of the lease, and that he aileI"Hui
produced and delivered 10 said Parker note anl
guarantee ON the lease, duly signed and eAeou'ou
by his father Meier Wood, and Hiram Noou, ~
latter being entirely good-lnS
execution of which said note and guarantee Prov"
To be forgery, the parties whose names MeI.
forged having never been applied TO LOT u,.m IT,,
signatures. Verdict guilty, and the reslonu,.h
was sentenced ID confinement At hard lanor III Wv
State Prison at Windsor for the term OF TWO !,,.u
and pay fine Of two hundred dollars, anu ~
costs Of the prosecution ), ;. Thompson anu
H. Geed for the state NJ. q. Heath ana =
Burke for the respondent - a.
The docket shows one hundred and hHe NV
entries this term, thirty-iiye of which ass s.
cases, and nine petitions Tor dNoi.e, mi
and then adjourned without day-maklng INV
teen DAYS that the couit was In actual session