Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-03-22

was mn action Of assumpst in which the
plaintiff sought to recover the balance due
upon promissory note given in August, 1861,
for S2l3.OS. The defendant claimed that the
note had outlawed; that he gave the same to
please the plaintiff, and that he had more
than paid the same by supporting the plaintiff
The defendant testified in support of these
three defences. The plaintiff is an old lady
ninety-three years Of ago and gave her depo-
sition, in which she stated the money was
loaned TO the defendant with the understand
ing that it never would be called for. proyid.
ed that she had home with the defendant
the rcmaner of her days. There were three
endorsements upon the note which plaintiff
claimed were made by her direction after the
payments were made by Whoelock. Defend
ant said that he made the payments but they
were mere gratuities, and were not made to
apply upon the note. The case was given to
the jury about two o'clock Wednesday after
noon. and verdict was returned for the de-
fcndaut Thursday forenoon
Lcjris Putnam rs. FeyHOH-This was an
action to recover damages for injury to har-
ness, sleigh, and for personal injuries also
for money paid out for injuries to Mrs. Put
man, all of which occurred in consequence of
an accident upon the highway in Vernon. The
case of Putnam and wife heard at the last
term of court had settled the question of the
liability of the town, and the jury only passed
upon the amount of damages Verdict for
plaintiff, $50.
Cldrk II. RCed rs. .HeiriH j. Holt. This
was a Grim. can. action in which plaintiff al
legged that the defendant scduced his wife.
aud claimed damages therefor The plain
tiiIs evidence tended to show that he was
married in 1873 to Ella Washburn then near
ly eighteen years of age, and that they lived
happily together until about January 1876.
That plaintiffs wife went to visit her father
IN Woodstock in December 1879, and after
remaining few days returned to Brattleboro
while the plaintiff was absent, packed up
whatever she wished to take away and re-
turned to her fathers with intention of re.
naming there. That while at her fathers
she attended dancing parties at Felchville
and upon some of these occasions danced with
the defendant That she made defendant a
present OF an album and also some slippers.
That she called defendant into her room at
the hotel, and in the presence Of another lady
acquaintance advised with him about living
with her husband while reclining upon the
bed. That at another time she visited some
friends in Weathersield. and upon her return
stopped at the hotel in Felchville all night
That the defendant went into her room upon
this occasion. letter from defendant tc
Mrs Reed was put into the case in which he
insisted that he should deny the accusations
brought against him in regard to her, and adj
yised Mrs. Reed to do the same There were
also some admissions of the defendant to the
effect that he was guilty of the offence charged
The defendants evidence tended to show that
Mrs. Reed had not lived happily with hei
husband; that he treated her at times in
harsh domineering manner, and used somt
profane language when provoked with her
That Mrs. Reed had decided not TO live Will
her husband when she went to her fathers il
December 1873, on account Of the reports
which she had heard of her husbands con
duct with other women. That She attended
the dancing parties at Felchville with he
brother and sister and danced with Holt NJ
more than with any other old acquaintance
That Holt then drove stage and did not charg,
any fare for Mr.. Washburn or his family OF
account of his being postmaster at Soutl
Woodstock. That the present of the album
aud slippers were made on this account. Tha
Holt being an old schoolmate and friend sh,
advised with him about living further will
plaintiff. That at the time she made
visit at Weathersfield she returned upon tn,
stage, which proceeded as far as FelchyillC
and there remained until morning, and thei
continued on to South Woodstock. That OF
her return from Weathersfeld she remained
at Felchville over night, but called upon
lady acquaintance in the evening. That Hol
came into her room Just before making thi
call, but went out Immediately as she wa
then ready to 90 out and that she did not Sc
him again that night There was evidenc
which tended TO show that Reed gave on
witness for giving his deposition in the cas-
ton dollars, and Miller of Fayetteville testiie
that Reed wanted him to swear that he say
Holt and Mrs. Reed in a room Mt Worcester
hotel, when the divorce case of Reeds wa
tried in the spring Of 1877. Miller said h
knew no such fact. Reed insisted upon hi
fixing his price as he was doing a good bust
ness and could pay him This testimony wa
denied by plaintiff, and what was said at on
interview by Reeds brother and Prescott
who Miller said were present. Miller elaine
to have had one interview alone with plain
tiff. 1t also appeared that Reed associate
with other women and made present of
gold watch to a young lady formerly of Vel
non with the inscription wait darling" NJ
omit, The plaintiff claimed that he purchase
the watch at the lhdy's request and took he
note for it, all of which had been paid bl
ten dollars, and that the inscription he Ina
nothing to do with and knew nothing about
The defendant opposed the plaintiffs petitio
of divorce dated in June, 1876, in which plan
tiff claimed that his wife had committe
adultery with one Harris and several oth'
persons unknown. Defendant also introduce
letter from Mrs Reed in which she state
that her husband had told her that Holt ha
confessed to the truth of what he is charge,
and wished TO know why he falsely accuse
her to her husband 1t was claimed that d
fendants letter to Mrs. Reed was in reply
this letter. The plaintiff claimed that MIR
Reeds letter was manufactured to explain thu
of defendant,