Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-12-19

suggestion of the court, the said Simeon
Hunt amended his petition by adding {;
charge for intolerable severity, upon whlch
the court granted him n bill of divorce
A number of witnesses were put upon the
stand, who testified to having seen I'M
proper familarities between the defendant
and Mrs. Hunt: considerable testimony
was offered by the defendant to show the
unhappy relations that existed between
Hunt and his wife during their married
life. and also to show the admissions OF
the plaintiff as to his domestic inlideIltles
and irregularities, which testimony the
court ruled, the jury might consider IN
mitigation of damages. The defendant
offered Mrs Hunt as IL witness, but the
court excluded her, on the ground tllat
her former relation MS wife precluded her
from testifying against her former nus
band. The trial lasted five days, was
strongly contested, and was dlsgraceful
affair. The jury after keeping the case
over night, returned IL verdict for the de-
PENDANT although it was expressed by one
iurymun after the verdict was returned
that they thought the evidence was not
quite strong enough to prove the charge.
vet in their hearts they felt that the de-
lrndant was gully. Exceptions by the
plaintiff. Brigham & Waterman, and M
D. Heath for the plaintiff; p. X. GIeed,
Geo. A. Ballard, and Frank Plumley TOR
the defendant.
Darius II. Bedcll VS.. David A. Foss,
aplt. Action of special assumpsit. 1t
was conceded that on the 29th day of July,
1871. the plaintiff sold conditionaIly to one
Demas a certain brown mare, for which
he took promissory note for S73; secured
by a lien on said mare for the price.
Subsequently, and while said Demas had
said mare in his possession subject to the
plaintiffs lien, the said Demas eXchan ged
sad mare with the defendant for certain
horse. The defendants evidence tended
to show that The plaintiff agreed to release
his lien upon the defendant horse pro-
posed to be exchanged, for 800, and take
said Demas paymaster for $23 without
security, and that thereupon the defendant
and said Demas exchanged. The PLAIN
tif's evidence tended TO show that he
agreed TO take Il claim on the defendant
horse if Demas would reduce his indebted
ness expressed in said note to $50, and
that the payment of 1913 was to be made
before his consent to the exchange was to
take effect. 1t appeared that the S23 was
never paid to the plaintiff and no written
or other claim was made or offered the
plaintiff on the other horse. 1t further
appeared that afterwards the defendant
undertook to rescind his trade witt
Demas, and for that purpose returned sale
mare and left her ut the barn of one Geary
for said Demas, but that the recession was
ineifectual-the defendant being cast in ;
suit between him and Demas involving
his right TO rescind 1t also appeared tina
the plaintiff took said mare into hi!
possession by virtue Of his lien After thC
suit between defendant and Demas was
ended the defendant had I'M interview
with the plaintiff and it was agreed tina
the plaintiff delivered said mare to the
defendant on that occasion, but the par
ties differed rs to the nature of that de
livery. The plaintiffs evidence tended t
show that the defendant agreed to assume
the Indebtedness against Demas and pa,
the S73 according to the tenor of Demas
ahou' hat tt, tho ,,laintiT consnntod that III,
dacordamt Whit ,nto tho naro nnIor NJ
'nr,,,,,ron'ont 3hot IL tI,n rIaintin Lonar,,
satisfied that his claim on her was good
the plaintiff should retake her from thu
defendant and then the defendant woulC
sue plaintiff and have the question Of It'll
oxn'ntions NV nlnintiT Tbis c,So bn
,ao, oCaro hoo,, t,iol j., tlo oo,,,.t o,,r,;o
~ 't tha Snromo Conrt nmon evcen ions N II
10 I ;,,J,ri,,,. 81 thd
Cnrrt rnynrsed md couso ron,nrIot
Tnns and rhornn for thn nIointin' e (
Rnrto and p K iGlned for Gpfnndnnt
I'',nns C,,nrny nnJ viG, w. tho T,v
,f Camhri,tao c,ion tn recnvn ' d.,m,'r
,ar ;n;nrv 3n mo hiorh,v,v ria MIN
,ie,, aJ,i1onon sho,yo5 Ih.t R,idlat Cln '.',
,n of IN" saJ Inn 'Ii, nrnt ~ nv o' 9s
T,v IF 0rtnhar isZG WIS 'riiinr in g., ca'
,i,,ro d,o,vn NV ano horsn with 5ar d,n,,l
,nr AMI tha, Whnn ,hnv wnra nas.in ,,,' Nv,
,ho :. Clar mn " sn ,,ll.d .hnnt 2alc
, mile east o. Jacksonville, ON the hohwi
lea ing TO johnson, being the high bar
IN llit river JuSt DeIow me junction OF II
rar'Iri'I.t ,,''h hy r.n.on Of dnan =, -. nr
e nnles in thr road and inc absence of
d proper railing on said bunk she W
- thrown irom l'rr carnage ana down :"
',,"" w. ~ ',S'o' l;I, hn, laG s.onlI Li',
j. was broken, and that she received son
> internal injuries, and the teslimor
Tended to SHOW mat sue Ih'u not luIIy I
t .one,eu an" T S,'' o,. wv neI
u tended to show that said highway was u
ii ,hnt tima Of y"Sr AMI f,rtHnr thor ,h,p y
II injuries resulted from the said Bridge
-" own carelcsSncss in not giving proper :
!, lehlloh 10 her morse "l'ch was DIhd a
van IN O anothnr dirncti"n vn r "'t Com
:, plaintiffs for $500 DAMAGES Briuha
VI e. Waterman, and Geo. A, Ballard for t
- plaintiffs; NJ. U. Heath and L. Ii. Gle
!. 'or '''0 oe''''''h''
l. CPo'i ''i0 o'oS' VI 'n'' ''''e' Dece''lt
IN ii',!' 'n0 0o"' 'oo' " iq'oSS o''''l '''i''''
- io'N 'i'Ns' Nv ! y 0'0'N' A. "'' III con
N q'o"0o VI '"u50 o"o'' "''i5 o"''se"
: " 0''o'''" '"o io''' ''''''''' " '''ei'''
C O'N.iS0 O'"l'y Co'lU'
- - no 0''" VI ',o nc" uo'Ne' S"o"
l. o. Gnu IT'S On 'n0 law w, 'o'N'' anu 20 u"
is V,i'"C'iy uooNe'' i"o S''"o Jury 90