The Lamoille news. (Hyde Park, Vt.) 1877-1881, 1878-05-15

WAS Occasioned by few bushels of po-
tstoes. A matter which could and
ought TO have been adjusted at home
or before the local courts, but q jaw,
q fight, an indictment, trial, a YER
dict OF guilty of common assault and
an immense bill of costs resulted. The
patience of the court has been sorely
tried by this class of litiga1ts and in
his charge to the jury he took occasion
to make some very pointed remarks
about the litigious habits of these Be
dells. and their retenue of witnesses.
They are to beesteemed state paupers,
earning more money attending court
as witnesses than they do all the rest
of the year and he felt it about time to
have a stop put toit.
In his charge in the above case the
Judge said:
The Court feels warranted in saying
that this is case that requires
a very careful examination - you
may not be familiar with these people
but these faces that we have seen in this
prosecution are familiar in these walls.
| For the last five years at all events there
has no term of court passed, think, with
out seeing these gentlemen here in full
force, all of them without exception, at
least once during the term. We see them
this term, undoubtedly we shall have the
pleasure of meeting them at the next
term and so on through coming time. 1t
certainly would be ! great kindness to
these parties if they could be taught that
they have been in court about long enough,
that they have spent about money enough
in litigation, and the sooner they get
through with that foley the better it will
be for them and the state itself. The
State is subjected to the expense of call
ing from twenty to forty of them out here
and keeping them Il week so that they earn
more money undoubtedly every term of
court in witness fees here, than they earn
the balance of the year. They come here
at the expense of the State and get some
spending money which they use foolishly,
and the time has come when some notice
should be taken of it. Those of us who
are charged with looking after the well
fare of the community and especially the
protection of the State Trearury are call
ed upon to say publicly to these men they
have been in court long enough i'll their
petty quarrcls, that they had better settle
among themselves, or best not have them
at all. But, gentlemen. the case is here,
and there is no reason why you should
not try it according to the obligation of
your oath, but to those of us who are
familiar with this class of litigation it be-
comes highly important that you be caII-
toned that you look the case over very
carefully indeed and see to it that you cX-
tract the exact truth of the matter.
On Thursday last jury was i'm
pannelled in the case of State Leroy
Barrows. This prosecution was oc-
casioned by drunken row at Isham's
hotel, Stowe Lower Village. The af-
fray resulted in the finding of five in
dictments by the grand jury at the
Dec. term, three of which were for as
sault and battery with intent to kill
and murder, respectively against James
Foley, Leroy Barrows and Dan Isham.
The other indictments were for sale of
liquor and keeping nuisance. The
respondent, Foley, died a few weeks
since and it becomes easy to make a
scape goat Of him. A large number
Vi NllIlCSOcS lldN u DCCll Oll
this case since the early part of the
session at an immense expense to the
state, and not only were witnesses
furnished by the state but counsel both
for the prosecution and defense were
also furnished and other expenses in
cident to the row will cost the state
but q song less than one thousand dol
lars. One witness walked % miles
for an opportunity to tell what he
knew about the case. The trial hung
over till Monday, when the case went
to the jury, who rendered verdict of
not guilty.
On Monday afternoon the case of
Knight and others the town OF John
son was called. Mr.. Waterman for the
plaintiffs made the following statement
of the case. The town of johnson
subscribed $49, 900 for the Lamoille
Valley r. r. on condition that when
the road should run to within three
miles of the village 10 per cent of the
48 thousand would be issued and the
balance delivered when the road came
to the business centre of the town or
as near to it as was practicable. In
1873 an early survey was made near
the arch bridge, south of the river.
After the town had bonded they chang
ed the location of the road andelocated
the depot some 80 rods to the south
) at an increased elevation of from 30
to 40 feet. The plaintiffs were then
selectmen of the town of johnson, and
il being their duty to issue the bonds
, they naturally inquired whether the
Railroad Co. had SO complied with the
condition as to make the town holden.
They sought council of Judge Redfeld,
who, on their representation an with
the aid of maps, wrote an opinion cost
l ing $4,000. lie advised them to
make survey of another route at the
9 expense of the town. They engaged
Prof. Barbour of Burlington to make
this survey which cost 3 or A hundred
: dollars. The town refused to pay this
! expense and hence this suit.
Judge Heath, for the town, respond.
S ed that they would endeavor to show
that the plaintiffs were acting beyonc
? the scope of their duty, actuated by
! personal hostility to the railroad com
: pany and, moreover, that they did no
e show proper discretion in mourning Sc
E heavy an expense on their own re
sponsibility. The case calls q large at
l tendance from johnson and is yer,
a ably conducted by Waterman ant
e GI1.ad for pla;ntifia and Heath AM