Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1876-02-14

respondent. az the Endorsement Of the
6ru name Of Austin. JOslyn & Co, Of
BartoA Landing. upon check dated
Jan. aS. 1875. drawn by E d. Hopkins
Of St, Johtsbury, on the First National
Bank Of St. JOhnsbary. IN favor Of said
Austin. Joslyn s Co, The respondent
admitted making the Endorsement. that
be did II without authority, and deliver
ed said check to L W. Hildreth, station
agent at Barton Landing. intending 20
have it pass as . genuine check. but
claimed that he had no intent to defrand
any one. Said check was passed by the
Coun. & Pass. E. r. Co. to the National
Bank Of Lyndon. and by said bank sent
to the National Bank Of the Common
wealth. Boston. BY whom it was sent 10
the First National Bank Of St Johns
bury, where the forgery was discovered.
Respondent claimed that he put on said
Endorsement because be was in . hurry.
and couldn't stop to cross the street.
distance Of FIVE or six rods from where
he then was. 10 Austin. JOslyu & Cos
store. TO have them inderse the same
Said Hopkins had purchased potatoes
and other produce from time TO time Of
SeaYey Who was then in the produce
business To pay Seavey. Hopkins de-
posted money and drafts similar to the
one in question. with Austin, Jcslyn &
Co. who paid the same to Seayey as d.
rected BY Hopkins Sometimes they ad-
vaneed Seavey more than the amount OF
such deposit. and would then wait until
further deposits were made by Hopkins,
and then get their pay Of Seavey as he
drew on such deposits At the time
such check was drawn. SAID Seavey was
indebted to said firm for an advance Of
about SIS above deposit. The check
was delivered to Seavey BY Hopkins to
carry and deliver TO Austin. Joslyn &
Co. to put On deposit as aforesaid The
State claimed that respondent forged
said Endorsement to avoid having the
money 90 through Austin. JOslyn & Co.'S
hands. so that be might avoid paying
the SIS. he being = man Of limited
means He denied this and claimed that
he didn't intend to defraud any and
thought it would be all right, provided
Hopkins paid said check Jury disa-
greed. standing eleven for conviction and
one for aequittaL l. H Thompson.
States Attorney, and W. D. Crane for
the State; W. W. CIRCUIT and J. E Dick
eruan for defendant
The following are the prosecutions. to
the end Of the first week Of the session
Of court at this term for violation Of the
liquor Law, and the sentences therein:
STATE " w soassing responssns Eaed SO and Gusts
Safe v Z v. Powell. respondent. SO znd costs
State v A J. cole. respaa6sn1 SO and COSTS
safe v y C. CsSe. respoadens, $50 and costs.
ssass v Pgrsaz Clark respondent. $50 and eusss-
STATE v Oscar Perry rsspoo6ea< $50 AID costs
sszts " C. ~ Czse- rsspsaGs.nt- $50 and ess<s-
state v. Joan SherbGrne. respondents. esayiese6 q
enc ID s6snes. $50 1ai cosss-
STATE v q. Bean. respondent. $50 and costs
STATE v. D M.z1riaad respondent. $50 and costa
STATE Geo. - Cole Respondent, cozEie-sd II cne ?
sSsnce. $50 and Gusts
STATE v ChaS- Hancock. respondent SO AID costa
sSa.e v J. 7 Green. r.spaede1- so And eszsz
St1ze v J. l. Hzu. respondent $50 and COSTA
ssaGe y John Pane. respondent SO and snzsa-
L H. ThoupsoB. States Attorney
for the State.
ABBIE Z PERRY w. J. B. WHKxLocK
This was an action Of assumpsit. IRA
By court There was no dispute IS t
the facts in the case, which was As fol
lows: At the Feb term, 1874, Of thi
court, the plzirtiF zrs,l Her husband. W
H. Perry, recovered judgment againz
the town Of Irasburgh for injuries re
eeived By reason Of insuf5eiency Of sal
. towns highway. Aug. "a. 1874. Il
, seIectuen Of said town settled and pai
. said judgment, giving orders on sal
town for the sum Of s2505. Said order
. were payable TO the order Of L L
: Thompson. attorney fer plaintiff, in sal
{ suit ". said town The orders were 4
a paid IN the life tine Of said W. H. Pc
: " except the sun Of s1sO5 On On
: order, which order vas indorsed an
: made payable to the order Of said v
: H Perry. Sept g, 1874. and by sal
). Perry handed TO the plaintiff. who TAI
!, It away with the other papers Of sal
, Perry Said W. H. Perry died Oct l
n 1874 and the defendant was appointe
a administrator Of lis estate The pIzii
3 IF delivered said order With her hu
= bands ether papers To defendant a =
4 Hiniztrztor, remarking that some foEl
4 said she eould hold that order" Defe
e dzut collected the balance due On 4
y order, and held tie sane ~ assets Of d
Il estate Plaintiff demanded said none
i claiming that the balance due On n.
: order belonged 70 her, a. il was NV,
2 for injuries sustained BY her. and Ii
4 the said VI. r. had never reduced Il
i bis possession in such way that
se v01ld belong to his estate. and that
4 would survive 70 her IN her own rizf
= Defendant claimed that the contrary "
4 true Judgment for plaintiff, for sIs'
. and eostz- EdEzrds & Dickeruzu |
= plaintiff; L H. Tho@pson for Z