Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1878-09-11
WASHINGTON County Court.
SEPTEMBER TERM, 1873.

Hon. PHILANDER RIF0RD, Assistant Suuse'
MELVILLE E. SMILE, CLERK.
fR aS P ET,TIIH s sssss,s Attorney
HENRY OvIATT. Reporter.
Court opened on the morning OF Sep
TENDER 10th, with prayer by DR.. Hull, rec
tor of Christ church.
The following is list of tho grand and
petit Jurors for the present term;
GRAND JURORS.
Foreman of grand jurors, o. d. Elger-
ton of Mortified.
Barre. Horace Batchelder; Berlin, ID. b.
Bosworth; Cabot. Etstm IN +. H"pkinsi
Calais. Orlando II. Leonarl; Duxbury.
Samuel Turner; T lst Montpelier, Luther
VI. Parmenter; Fayston. Nathan Bryce;
MildIesex, o. A. chamberlain; Moretown
Hiram Hathaway; Montpelier, c. ii: Car
Ter; Marshfield, George o Davis; North
field, 0. d. Edgerton; Plainfield. j. >.
Chamberlain; Waterbury, c. c. Robin
son; Wailsfeld, w. A. Jones; Warren
George B. Newcomb; Waterbury, Ira e.
Jewell; Worcester. Adm Miles.
PETIT JURORS.
Barre, A. F. Whitney, James Smith;
Berlin, Aaron Bancroft. Janus Crossett;
Calais, Curtis o Eastman; c It, Corne-
Illus Smith. Roland B. Bruce; Duxbury,
Abel Gillett; East Montpelier. Charles II.
Ormsbee, james R. Young; Fayston, W.
B Porter; Middlesex. w. R. McEllery,
Gardner Sawyer; Mcretown, Al Clark !;
Marshfield, T. o Parker, Daniel Smith !;
Montpelier, C. E. Whitcomb. f. +. Kim
ball; Mortified, Ira A. Holton, VIM Z.
Densmore; Plainfeld. Nathan Skinner,
Willard Harris; Roxbury, E E Bowman
Wailsfeld, j. S. Campbell. ID. y. Josiyn
Warren, Nathan Robinson, Charles Flke
Waterbury, Leonard Huntley. George w
Moody; Woodbury., o. ID. Town; Worces-
ter, A. B. Harrington.
Mr.. Whitcomb of Montpelier was eX-
cused by the court.
After the foregoing jurymen were called
and sworn, Judge Relfield made the Gus
tomary remarks to them in regard to thei'
duties. Then followed a call of the jury
calendar, which showed large number
of cases for trial, among others the case
Boutelle VS.. The Westchester Fire lnsur
,nce Company of New York. which wa
tried a year ago and sent back for new
trial at the last term of the Washington
County Supreme Court.
The first case for trial was:
Jared Kimmis vs.. Ira and John An
,lrews: Heath q Carleton and Lamson
counsel for plaintiff; Heaton and Shurt
left for defendants. This was case G
1 respass, and involved the ownership of
piece of land in Moretown, in the neigh
borhood of Jones brook. The main ques
ion of dispute was the position OF the oil
vision line between the lands OF the sal
= Kimmis and Andrews. The plalntl
! .lamed that Andrews had been over upo
s Ms land and taken away wood and gras
ind DESTROYED fences. The time of til
LEGGED treSpass was January list, 1871
u md continuing thereafter up to the pres
Il mt time. Mr.. Heath produced series
leeds purporting to convey to the plaintl
he land in question, and introduced tn
estimony of surveyors to substantlate h
lain, but when The plaintiff rested hi
.ase the court ordered u verdict for the dc
!, endants on the ground that no possessio
:, rad been proved by the plaintiff. III
Use will probably now 90 10 the sulrenl
u court.
The next case for trial was
e John Gray vs.. B w Green; Gleed an
= leath for defendant, Wing and Shurtlt
| IF plaintiff. This was an ttion on thrt
:, romssury notes, two of 5000 each, III
ne OF $3.50 originally given by the d.
en,lunt to Ezekiel Clifford, and assignt
: o Gray, and one promlssory note of $50
A! given by Green 10 Gray. The first thr'
loles were given in February. 1868, al
he last in May of the same year. III
: defendant pleaded the general issue to til
y irst three and The statute of limitations
ne fourth. The question on the last no
, vas whether it WAS witnessed when ex
'lted or not The witness denied that /
vas present when the note was execute
I he plaintiff introduced evidence to sho
hat he witness was PRESENT and did w
ess the note when executed. Mr.. j.
Wing appeared us executor Of the Plat
If Gray.
The grand jury came in this morniI
nd reported an indictment of thr
,ounts-two for uttering forged notes
he Lane Manufacturing Company, al
me to James w. Brock of Montpelier
lgainst r. f. Peabody.