Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-11-01
The Supreme Court.

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The Supreme Court.
"WEDNESDAY, October %, 1876
The argument in the petition for mandamus
against the town Of Luuenburgh were finished
this forenoon. Contrary TO expectation, Gov
ernor Peck did not argue for the petitionce, and
the arguments on that side were made by the
Messrs' Haywood. Judge Poland closed for the
petitioner The next cases heard were
7. T. Brdgman and Chostina W Warren ~.
State Of Vermont petition for new trial State
rs I. T. Bridgmani and State u.s. Chastiua w.
Narren-tred together. Tie respondents who
live in liardwick, were convicted Of adultery in
the Caledonia County Court June term, 1875.
They were indicted separately; bat were tried To-
gether The indictment set ont three separate
acts at different times, and the prosecution elected
tn rely upon count which depended upon the
testimony Of one Walton Walton failed to tes-
tify as the prosecution had expected, and as he
had previously testified ina divorce trial between
Mrs. Warren and her husbands and Judge Ross,
who presided. allowed the States Attorney TO
change his base and 70 rest his case upon the tes
tmony OF John II. Drew, who went ON and tcsti-
fed TO an act OF adultery between the respondents
The respondents excepted to this ruling and took
the ease up Ihepetitlon fora new trial is mainl,
based upon aliida'iis tending to prove misun.
derstanding Of the Courts charge by the Jurors.
upon the perjury Of Drew, his ill-feoling against
Brdgman' and that at the time Of the alleged
adultery-the spring Of $50 Bridgmau and Mrs.
Warren were not on speaking terms Hon Luke
r Poland and Hon. II. c. Beden, are counsel for
the respondents, and Mr. Walter T. Smith, States
Attorney for Caledonia County, appears for the
prosecution. The evidence is very youminous
and all Of Thursday session will be consumed in
the hearing
THURSDAY, October 18th
The hearing on cases Of the state against ,. r.
Brdgnan and Chastina " Warren and the pc
tition of the respondents for new trial, was
ended this afternoon. Messrs. Poland and Bel
den argued in behalf Of the respondents, and Mr..
smith, the States Attorney for the prosecution
Both the respondents have been romauded into
the sherin's custody, and were present in court
during the day. The next case heard was;
James ; Durant, OF Danylle, cs joel shurteh
and Joseph farIar, tIrusieel, both OF Walden
It is an action OF general assumpsit for money
owed, and the trustee claims that he was not in
debted to the defendant at the time the writ was
served upon him Tho case was referred, by the
Caledonia county court to a commission who re-
ported substantially as follows: Farrar bought a
farm Of Shurtleft paid him some money down
and owed, at the time Durnt trusteed him, one
hundred aud thirty-fye dollars, provided a GER
tam levy which one Cole had made upon the prop
erty previous TO farnrs purchase was invalid
The question before the court is whether the
levy was or not valid The plaintiff claims it
was not, for the following reasons, principally:
That one Of the appraisers Of Shurtleff property
when Cole made his levy, was ShurtleG son:
that the officers return shows that the execution
was recorded in the county clerks Office a month
before it was actually issued that there had been
no eviction from the premises The defendant
and trustee claim that As the officers return
shows that the appraisal was made by three ju-
dicous and disinterested freeholders, according
to the form provided by the statutes, that is con
cusiyei that the error in the officers return is
simply clerical, and that the loyy itself was an
eviction. Nlessrs Asa NJ Dickey and Harry Blod.
gett, OF St. Johnsbury, argued the case Tor the
plaintiff, and Mr.. VI. Montgomery Of St Johns
bury, argued it for the defendant and trustee
Alden T.. Judeyine u.s. Town Of Ilardwicz was
the next one heard. The plaintiff sued the de-
PENDANT to recover some six hundred dollars in
payment for services rendered the town as one Of
its officers. The defendant pleaded the general
issue and also pleaded in offset that the plaintiff
owed the town three hundred dollars. which the
town had paid him to settle a suit against it,
brought by one Gilcrease and wife for injuries re-
eeNe" upon the highway ana which suit, the
town alleged, was hali-owned by the plaintiff,
tneh the Town agent oil iardwick. The case was
tried IN the CALEDONIA county court last June and
the jury returned verdict in favor Of plaintiff
ior nearly the sum claimed by him, and also
speoi"l Neruict 10 'he erect That the town had an
interest IN ,at nlcrease SUIT 10 the extent OF one
H"nu'eu uoiiais' me court heid afterwards, as a
matter oi h"' against the validity oil the towns
o'"''' recover III ollset-which was based on the
assumption mat 'ude'ine being the town agent
ae'eu "rongiuny ana eoilusNely with the Gil
oreases against inc town IN owning one-half Of
inc SUIT ana that the town, II 1t couldn't recover
Oh MN the entire three hundred dollars paid to
lhe increases could at least adopt Judevines in
terest as It's own, and force him to repay what
ever part oil the three hundred dollars went into
ms pocket Whloh the jury found to he one hun
u''u uo''"rs' lnis Is 'ue man point no" before
=, V9a'' - T. N"i'ei' oi
n"iu"'oA, ana asa NJ p'ekey OF 1t. Johns
Jury aiolor tue plainuli, ana Messrs L. D. Hath
away oi iiAruw'ek' beideh ana lde' OF st. Johns
Jury nnu D. j. iAilSon' oil Cabot are for the
ueiehu"h'' me nearing VIII be finished Friday
ioienoon, Inc next case IN orderi Lyndon Ar
no'u 'S' io"n oil Hoyal'on'
FnDAy, October 27th.
Hearings occurred on the following cases to-day
Lyndon Arnold rs. Town Of Royaton, APPELLANT.
This is an action on the case for default Of de-
PENDANTS constable. The defendant pleaded the
general issue and also put in special plea in bar,
which the county court adiudged insufficient, and
rendered judgment in favor of the plaintiff. The
plaintiff claimed that having at the June term Of
Caledonia county court, 1874, received Judgment
against A, b, Grape, of Royalton, and Thaddeus
Wells of Randolub nartners Ia hi.. =,