Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1879-02-17
ORLEANS COUNTY COURT.

The case of Deacon Cowles against N.
W. Gray of Coventry, was an action In
assumpsit for balance due the plaintiff
in book account, and also note of $40
and interest, signed by the defendant.
The defendant acknowledged the execu-
ton of the note, but claimed as defense
that there was total failure of the
consideration. The testimony of the
defense was, that about five years ago
in the spring, defendant Gray purchased
bull of Cowles, giving his note of $40;
that Mr.. Cowles warranted the bull to
be three quarters Short Horn Durham.
A short time after the purchase, the de-
PENDANT heard it rumored that the ami
nal was but one-quarter Durham and
one-half Jersey, which, if true, rendered
- --L~llJ' r"n-thlnss tn him no b" 'Hiahnd
to raise up a herd of Durham stock
Immediately upon hearing this, be made
known to Mr.. Cowles his dissatisfaction,
but obtained no redress. Several wit
nesses testified that previous to the sale
of the bull to Mr.. Gray, they had heard
Mr.. Cowles call it Jersey. The plain
tiff testified that he did not warrant the
animal to be Durham, but told the de-
PENDANT that he supposed it was and re-
| ferred him to his hired man, who said
it was, and that he made the purchase
on the strength of what the hired man
said. Plaintiff also testified that he did
say to several parties that the bull was
Jersey, but was corrected by his man,
and gave as the reason of the mistake,
that he had been to California about a
year and half, and that he had heif-
er calf of the same age that was halt
Jersey, and that in the lapse of time he
had forgotten which was the Durham
He further said that he believed at the
time of the sale. that the bull was three
quarters Durham and that he has had
no reason since for thinking otherwise
Witnesses testified as to this kind Of
stock produced by the bull, some claim
ing 1t to show Jersey traits and others
Durham. The jury gave verdict fol
plaintiff of costs and $63.28 damages
Thompson, Edward & Dickerman fol
plaintiff, and Crane & Alfred for defend
ant.
The case of Terrill VS.. Terrill was ;
petition for divorce by the husband
for intolerably severity. One witness
clergyman, testified that even in Tro,
and Potion, he had never heard sucl
profanity as he had used by Mrs. Ter
rill. The Court said that when NAL
married woman he did so with hi
eyes wide open and usually must tax
the consequences, but, In considerable
of this woman's unnatural demeano
toward her husband and children, an
also, that it was we'll and proper tia
a man should have the last few years {
his life in which to prepare to die i
r peace, divorce would be granted.
3 The trial of Joseph Revoir for shoe
f ing his wife in Troy, May 9Th, 1870
commenced on Saturday. the Sth, an
E occupied about two days. 1t will /
q remembered that Revoir and one or tv
e others broke Jail about three years az
|. and that Revoir was recaptured an
8 sent to Windsor prison for two and
: half years. A few months since he WI
: returned to Irasburgh Jail, having serve
{ out his sentence, to await trial for 6
!. attempt to kill. 1t is reported that
it was offered the liberty of the Jail var
II the state, few days previous to b
trial, on his own recognizance, but I
s. fused it as he would rather serve b
n sentence and satisfy the law, than
t. have the fear of a recapture and trii
ne Mr.. Revoir previous to the shooting, h
1t been at work in Newport at his ira
Is which was painting, but made
ly home near South Troy. He had be
D. at Troy on the Saturday and Sund