Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-03-21

| IN JnClr disposal. i lie new entries lnlS
term number 107 in the law docket and 46
in the chancery. Most of them are unim-
portant. Three are for injuries on the
highway and seven are petitions for d.
vorce, which with nine on the old docket,
makes sixteen matrimonial difficulties
that the Court must settle.
The new applications for divorce are as
follows Emma G. Pratt Jackson j.
Pratt, both of Warren, for intolerable Sc
verify and refusal TO support, lin a cross
bill the husband alleges intolerable severi
ty and adultery on the wife's parD; Eu-
phemia j. Perkins. of Billerica, Mass, for
merly of Danville, Hiram II. Perkins, of
Berlin, for adultery, desertion and refusal
to support; Orrlla Foster William Eos
ter, both of Middlesex, for intoerable Sc
verify; Mary L. Blakely Slas S. Blake
ly, both of Waitsfield, for intolerable Sc
verify; Emma NJ. Marstin George D.
Marstin, both of Mortified, for intolerable
severity, refusal to support, incest and
adultery; Alonzo q. Fisher of Mortified
Lois Fisher, of Barton, for adultery.
Simeon L. Crroy, of Cabot, charged with
bigamy, was released on three hundred
dollars bail. This case will,not be tried
this term.
The Middlesex highway case resulted in
IL disagreement of the jury for the second
time. Last term they stood six to six,
and this term eight for the plaintiff to four
for the defendant most of the time; but at
last seven to five. Governor Dillingham;
closed the case for the plaintiff, and al
though more than threo-guarters of a CEN
tury old, exhibited the fire and eloqucnce
of his vigorous manhood.
The State cases assigned for trial are rs
follows Against Benjamin Spinnard of
Montpelier, for rum-selling, three cases /;
against Almon G. Guernsey Of Calais, for
assault and battery upon S. 0. Robbins !;
for selling liquor; against John Lance of
Cabot, for rumselling; against Lawrence
Preston of Montpelier, for rum-sellng
against Thomas Keegan Of Montpelier,
for rum-selling; against Samuel, Forrest
l.. and Nellie G. Green, all Of Woodbury.,
for arson and conspiracy to commit arson /;
against Stillman G. Lawrence of Montpc-
Her, for larceny; against George Barrett
of Emore, for incest; against William
Mills, Bcman II. Campbell, Nathaniel
Blair, Sault Parker and James Blair, all
Of Warren, for arson; against Charles
Spaulding of RoXbnry, for forgery against
Calvin ID. Stowe of Barre, for assault with
intent to commit rape; against George W..
Burnham of Cabot, for selling cider;
against Thomas Bruidnell of Montpelier,
for selling liquor; against James Rich
ards of Plaintield for selling liquor, two
cases against f. L. D. Desroches of
Montpelier, for selling liquor.
The following is Il resume of the jury
trials:
Henry X. Field, administrator of Elon
o. Hammond, Randall & Durant In
January, 1871, Mr.. Hammond, q resident
of Wolcott, placed in the hands of Mr.. L..
l.. Durant of Montpelier, then IL partner
in the law firm of Randall & Durant, two
notes to be collected and accounted for !;
one against d. b. & w. S. Sherman, for
an amount not known but supposed to be
, in the vicinity of eighty dollars; and the
other against II. A. & w. S. Little, on
which about one hundred and fifty dollars,
principal and interest, remained due. Mr..
Hammond died in March 1872, and his
administrator, Judge G. G. Chadwick of
Cambridge, found IL receipt for the notes
among his papers. According to the tes-
timony of the plaintiffs witnesses, Mr.. j.
II. Bostwick and ID. w. Dudley of Mont
7 pelier and Charles Tabor of East Mont
, pclier, Mr.. Durant, when first asked by
Judge Chadwick about the notes, said that
he had had no notes of Mr.. Hammond, and
if he had had, it was all squared off; upon
the receipt being shown him, at subse-
Quent interview, he admitted having re-
ceived them, but said that nothing had
been collected on them, and that they
were about his Office somewhere; upon
conclusive proof being produced that he
/ had received the full amount due on the
Little note (9l54.3D from Mr.. George f.
Sibey of East Montpelier, on the 10th Of
April, 1871, some ten weeks after the
notes were placed in his hands for collec-
= ton, he admitted the collection of that
but claimed that he himself, or his clerk
Mr. f. A. Heath, had paid it over to Mr..
Hammond in the time Of it.
The plaintiff offered no direct proof thai
the Sherman note had been collected, an(
no very strenuous claim was made to re-
cover for that. Mr.. Hammond being
=, dead, Mr.. Durant could not be witness
to any transaction with him; but he pa
upon the stand to prove payment to Mr.
- Hammond of the money collected on the
Little ncte, Mr.. +. A. Heath Of Morctown
and Mr.. Carlos Martin of Warren. TIL,
former testified that Mr.. Hammond re-
peatcdly came to Mr.. Durant's Office fol
I the money after it was collected, and tina
he never saw Mr.. Durant pay it to him
but that once, just as he was going to din
ner, Mr.. Hammond came there, and ht
heard Mr.. Durant say to him, " | AM glat
l YOU came; it is all right; " to which Mr.
f Hammond replied that he was glad of it
: MIR. Martin testified that once, when he
was in Mr.. Durant's office, tall man, ;
stranger to him, wearing II long ovcrcoa
= and cap, whom Mr.. Durant addressed
t us Captain" and whom the witness
took, at first, to be Mr.. Brown of Water
bury, came in, and Mr.. Durant went tC
the safe, got some money and paid it t.
I him; after which there was talk about thu
Henry estate at Waterbury. This was al
the evidence rs TO any payment to Mr.
Hammond, and Mr. Field testified that Mr.
= about the matter of payment at all. Th'
/. defendant made the legal point that tn
# suit was for too small an amount TO b.
within the original jurisdiction of TIN
y County Court, and the case will probabl,
n 90 to the Supreme Court. Verdict 70
c plaintiff S207.74 and COSTS the amonnt o
T. the Little note and interest II. X. Fiel
and Shurlleff for plaintiff; F. V, Randall
L. L Durant and II. w. Heaton for de
: PENDANTS.
: Elisha Walcott Charles Lawrence
l. The plaintiff in this case is travein,
agent for Fairbanks Scale Company, i
the West, but his family reside in Montpo
s. ler. In the summer of 1874 they wer
:, living in the old Bacon block, on Mai
IL Street, and Hattie L., one of the daughters
was teaching school in the Horn of th
Moon. On the morning of the 10Th c
June, Mrs. Walcott. Hattie and August
i started in Mr.. Joel Fosters team to driv
q to the school, and on their way up Elm
o Street, short distance beyond Mr.. Bou
I tellc's, colidcd with Mr.. Lawrence's ic
T. cart which was approaching the village
s. Their buggy was slightly damaged, an
: Hattie, who is now II bright-eyed, rosy
70 checked lass of eighteen, claims that sh
~ received II spinal conclusion, from whic
n she suffered great pain and was unable t
o work for long time. The great questio
a in the case was the right Of way. The ic
Il cart was coming down on the river side c
% the rond and IT, was clnimcl by the dc