Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1878-09-18

Hon P HHiiLANP KNiAFR dIS Assistant Judge
FaASE PLuxLET States Attorney.
2pAN l. FUTILE, Sheriff.
hAShf WYATT. Reporter.
The jury returned a verdict Tbursda,
morning of Sl19O.S3 and costs for IN,
plaintiff in the case of John GRAY vs.. b
w. Green.
Inc next case called was one brought
oy belknap, Ely & Co.. of Mortified, ant
others, VS.. John II. Paddock, of St. Johns
oury, for covenant broken. Fisk and ,Johr
W Rowell for plaintiff. Hon Luke P
roland for defendant. In this case before
any witnesses were called the cause OF
action was stated by the counsel and on
motion OF Judge Poland. the court ordered
a verdict for the defendant, by reason o.
'he action being improperly brought.
lie next case was:
Charles +. Stevens vs.. d. w. Dudley
treason d Field and j. A. Wing for
plainiIlt. Heaton and Heath & Carleton
lor defendant. This was an action Of
'respass and case, and was one which
caused much talk throughout the county
AZ the time it was brought. The evidence
disclosed that Dudley was one of the mar.
shals ut the Washington county fair which
was held at East Montpelier in the fall oI
1914; that part Of his du'y was 10 keer
the track clear of teams during the races,
mat one William ST. vens was upon the
track with double team containing six
persons; that Dudley caused him to leave
the track; that in so doing all the occu.
pants We're thrown out but one lady and
II little child; that the horses ran AWAY
into the crowd and against the cnrrinoe nj
tins plaintiff. whereby he was thrown tc
the ground and sustained serious injuries
from which he has never recovered, one
arm being completely paralyzed. The
plalntlff claimed that no race had been
called III the time of the accident and that
Dudley acted in violent manner, striking
the horses several times with II whip. and
hat he far exceeded his authority. The
defendant on the other hand introduced
large number of witnesses to show tina,
some OF the jockeys with their horses in
harness were already upon the track ready
Tor heat; that he had ordered the driver
OF the double team several times to leave
the track, and that finally he was forced
to turn him from the track; but he used
no force and did not strike the horses
that the accident was caused solely by the
carelessness of the driver, and that he onIy
acted in the discharge of his duty. The
case was given to the jury Saturday noon
and late in the afternoon they came in and
stated that there Was no possibility of their
agreeing, and the court discharged them.
We understand that seven of the jurymen
were OF the opninion that Dudley exceed.
ed his authority and the other five that he
did not.
Saturday afternoon under the rule oil
court the new docket was called, which
disclosed about 1856 new entries, among
which were the following petitions for di.
vorce:--
Ellen Donovan. of Mortified, vs. John
Donovan, p. O., for intolerabe severity,
deserlion and refusal 10 support Mary G.
Cary, of Mortified, VS.. Carl p. Carey, of
Berlin, for desertion and refusal to support ;
Asa Corliss. of Waterbury, VS.. Julia A.
Corliss. of Waterbury, for inlolerable Sc
verify and adultery; Geo. w Prescott. of
Waterbury. VS.. Mary A. Prescott. of Wa
terbury, for desertion; Laura Sulham. of
Calais, VS.. Walter Sulham for intolerablp
severity and adultery; Mary l.. Shuttle
worth. of East Montpelier, VS.. Cnas w.
Shultleworlh for intolerabe severity and
refusal to support; Alvin p. Cummings
of Berlin, vs. Bridget Cummings, of Mont
pelier, for int'lerable severity and adul-
Terry; Rodney A. Wiley, of Roxbury, VS..
Mary A. Wiley, of Roxbury, for intolera-
hle severity and adultery; Sarion Sturte-
want, of Montpelier, vs.. Origen NJ Sturte
want, of Plaintield, for intolelabe severity,
refusal to support and adultery Lille Z
Lane, of Hardwick, vs.. Edwin Lane, of
Marshfield, and Edwin Lane VS. Lille E..
Lane, for Noticeable severity, refusal to
support and adultery; j. Belle Wells, of
iontpelier, VS.. Henry M. Wells. of New
York City, for intolerable severity, deser-
ton and refusal to support; Henry b.
Town, of Waterbury, VS.. Caroline Town.
Of Waterbury, for desertion and adultery
Eta E. Swan, of Berlin, VS.. Warren l..
Swan, of Berlin, for intolerable severity
and refusal to support.
The next case for trial was Moses E.
ANU AIM IIOWdIu No. bcOl &c DllChICJ
j. A. and G. w. Wing for plaintiffs; Hea-
Ton and Heath & Carleton for defendant.
This was an action of ejectment to recover
the use of about thirty-tive acres of what
is called the Hiram Taylor farm in Berlin
1t was shown in evidence that in Febru-
airy, 1871, the plaintiffs, Towards, gave Il
deed of their farm. containing in all about
one hundred and eight acres, reserving TO
himself certain part which had been
fenced in by him, and the main matter in
dispute in this case was as to whether
these thirty-five acres were covered by the
reservation. The evidence was mostly
contradictory, but the jury seemed 10
think that The balance of proof was with
the defendant, for they gave Il verdict in
his favor Tuesday noon.
This was followed by the case of Will
lam IL. Boynlon ct al VS.. Morrill, Gilman ;
Carpenter and Fisk for plaintiff; johnson
and Pumley for defendant. This Was an
action of case Tor the diversion of certain
springs of water 10 the great damage of
the plaintiffs. The plaintiffs claimed thai
they were the owners of a certain slaugh-
ler-house in Mortified; that they W. re in
possession of certain springs from which
the premises were supplied with water;
that the defendant built IL reservoir in the
neighborhood of these springs and carried
off the water in pipes, leaving the plain,
titfs with nothing to quench their thirst;
and that on account Of these enormilies
they brought the suit. To these charges
the defendant pleaded the general issue,
denying The accusation IN toto. The case
was still in the heat of trial when the court
adjourned Tuesday night till Thursday
morning, that the jurymen, who were
mostly farmers, might have an opportuni-
ty to attend the county fair to view the
mammoth squash, and, perhaps, to "trip
The light fantastic toe"