Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1876-10-02
ORLEANS COUNTY COURT--SEP-
TENDER TERM 1876.

Il LINN 10 fOs
Lewis Chase VS.. John Jerome. This |
was an action of trespass. Plea, gener-
al issue. Trial by jury. The plf. claimed
to recover damages of the deft. for an
assault and battery committed upon him.
self year or more ago by the deft., in
which deft struck him over the head
three or four times with a fork handle,
inhicting serious wounds and injuries.
After the plff had put in his case and
rested the def. set the case not for the
jury, and the case was continued upon
terms that deft. pay plff. S costs of term
and take no costs, within sixty days or
Judgment for plff. as of this term.
Edwards and Dickerman for plf. ".
W. Circuit for deft.
John Brown vs. iona. Powers. Action
of trespass. Plea, general issue This
action was brought by plf. against deft.
for using a portion of plf.'s farm in
Westmore for highway. Pits evil
dence showed title to the locus an quo IN
plff. Deft. claimed a right of way by
adverse use and occupation, and by ne
cessity, and also that the same had been
taken by the town Of WestmOre as a
highway to deft.'s residence. The court
ruled as a matter of law that deft. s ev-
1dence did not show any right of way
over plff. IS premises. which deft. had a
right to uso. vordiOt for PlF. for one
cent damages and cost. Exceptions by
deft W D. Crane for plf. W. W.
Grout for deft-
D. A. Brown VS.. 6. W. Aiken. This
was an action of assumpsit. There was
no appearance in court on the part OF
def. when this case came on for trial,
and the jury simply assessed damages
and rendered verdict for the plff. to
recover the amount claimed by him. Fl.
G. Wilson for plf.
Patrick Mccartney apl. VS.. Granville
Cheney. This was an action of assump-
sit. Plea, general issue. Trial by jury.
Plf. claimed to recover for the service:
of his minor child rendered to deft
There was no dispute as to whether the
services were rendered. After plf. rest
ed the deft. offered to prove that he hat
fully paid said minor for SAID services
with the full knowledge and approval o
DIFF. S wife, of whom he hired said minor
To the admission of this evidence plff
objected on the ground that deft- ha'
not shown that plf. S wife was his agen
to receive such payment and. that If sh
was such agent deft could not show pay
meut under the general issue Evidenc
excluded. Verdict for plf. Exception
BY deft. W. W. Miles and L. H
Thompson for plff. W. d. Crane 70
E defendant.
The court took a recess as to CIV
business from the 9th to the 18th inst
leaving the assistant judges and gran
, Jury to attend to criminal investigation
. The grand jury continued in session VI
b til the 10th inst when they were dli
charged from further attendance. Dul
/ ing this time they reported seventy-sl
..true bills" and FIVE bills mot found.
> The 18th inst. Judge Powers took tf
= place of Judge Ross who was then hoi'
ing the county court for Essex county
State vs. AdOlphus Parker. Indie
/. ment for horse stealing. Trial by Jur
: In June last respondent entered the pa
\ ture of S. A. Blake in Derby. caugl
| one of Blake's horses and led It bal
into the woods thirty or forty rods, Wh'
he was pursued and captured Respon'
ent claimed that be had been out on
drunk" that he was just getting ov
! the effects Of it when he went into 9
pasture to lie down. and that the nor
followed him to the place where be "
found. Verdict guilty. L. H. Thorn
70 son States Attorney and j. Young
: State W. d. Crane for respondent
- Continued merit aocek