St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1878-12-13

III. Preston. Action of trOver for GER
tain articles of household goods and
action in the case for the detention OF
plaintiff in the use and enjoyment OF
her saloon in Danville Block on Rail-
road street. Justification that what he
did was done under certain writs OF
attachment against plaintiff and Eu-
gene Burr, plaintiffs son. The plain
tiff7s evidence tended to show that the
chairs, crockery ETC., taken by Mr..
Preston were exempt by law and were
kept and used in support of life that
defendant drove her out of heI saloon
and kept her out and that thereby she
had suffered much damage to her bust
ness. Defendants evidence tended to
show that the chairs, furniture, crock
cry, ETC., taken by him were kept and
used by plaintiff in an eating saloon,
and were not exempt by law: that
when he made the attachment in ques-
ton he told Mrs. Sheldon to pick up
the things that belonged to her and
kept for use at her home: that plaintiff
did not occupy the saloon as a home
but was there only part of the time
that he kept plaintiff out of possession
of saloon by directions of the owners
of Danville block: that by the terms OF
the lease under which plaintiff held,
the owners had the right to enter for
conditions broken that the rent that
was to be paid by terms of the lease
had not been paid: that he did not
drive plaintiff out of possession and did
not keep her out unlawfully. The
plaintiffs evidence cOntradicted the
testimony of defendant in most respects.
Jury disagreed. Montgomery & Dickey
for plf. Belden & Ide for deft.
Sarah j. NelceH as. j. c. Whitcher.
Action in the case in which plaintiff
charges that defendant in the night
broke and entered her room and made
indecent proposals to her, and frighten-
ed her to her great damage, etc. The
plaintiffs evidence tended to show that
she was always blind that she teaches
music: that on this night in question
she stopped at Mr.. Whitcher's: that
Whitcher came into her room, proposed
indecent things, that she demonstrated
and he went away: that he never put
hands upon her: that he made no show
of violence, but that she was greatly
terrified and was made nearly sick
The defendant denied entering her
room and of making any proposals to
plf: that plf. next day gave five lessons
to her music scholars that this claim
on plff.'s part was only pretense for
obtaining money. Verdict for plf. for
SI25 actual damages and 800 ex-
emplary damages. Belden & Ide for
pit. Dickey & Blodgett and Bates for
deft.
Guild Church d. Co. as. SdmT Mackdy
Assumpsit on prOmisory note for one
piano forte sold TO def. by w. HI. Mel
son, and payable to said Nelson's order
and while current endorsed to plffs. by
said aJvisuu. DeIense Inat piano was
warranted for five years, but that the
same was not made as it was warranted
to be. The piano cover had checked
and some of the varnish had cracked
This cracking of varnish plaintiffs
claimed no manufacturer could prevent:
that the instrument in dispute was first
class and was of thorough workmanship
in every respect: that they consigned
piano to Nelson and that if he warrant
ed piano it was at his risk and not at
plaintiffs : that they took this note in
dispute as so much cash and credited
Nelson on account. Plaintiffs offered
to have cover repaired. Verdict for
plfs. on note 1914 and for defendant in
his offset 1913. Dickey g. Blodgett for
plt. Belden & Ide for def.
Morris ID. Hunt Us. S. S. Hunt AS
sumpsit for one wagon sold June IL,
1874. Defense non assumpsit. Plain
tiff's evidence tended to show that on
the day last named he sold the wagon
to defendant and that defendant agreed
to pay him 800 for same that de-
PENDANTS name was on a note for plain
tiff and that he told defendant that he
need not pay him for wagon unless he
(plf.) was called upon to pay this note
or other bills. Defendants testimony
tended to prove that he bought the
wagon of Chester L. Hunt: that he was
to allow it on an old account against
said Chester L.: and that when he took
it he was not aware that plaintiff had
or pretended to have any claim to same.
Verdict for defendant. May and Dickey
for plf. Bates and E. w. Smith deft.
The Politics of the Third District.
After fixing upon Mr.. Earle of the
MOrriville Citizen, by affidavit, the fact
that he admitted that Mr.. Barlow gave
him $500 to support him for Congress,