Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1879-04-02
Washington County Court.
Hon. TIMO. P. REOFIELD, Chief Judge, Presiding
Hon. PHILANDER RIFOkD. Assistant Judge.
Hon. JAME5 A. COBURN. Assistant Judge.
MELVILLE Z. SMILE. Clerk
FRANK PLUMLEY. states Attorney.
JoHS L; FUTILE, sheriff.


JoHS L, FUTILE, sheriff.
HENRY OvIArr, Reporter.
The March term of the Washington
county court closed on Thursday, Marcel
9th, having had an exceptional shor
term-twelve days, three of which onll
were occupied by the jury. This consider
ably lessened the expense to the state. ant
the number of cases also. There were tel
cases tried by the court and the decisions
of course, were more satisfactory thar
those generally rendered by jury
although many of them involved ques'
tions Of fact.
Since Judge Redlield has presided in
Washington county the custom of trying
cases by the court has been received will
general satisfaction by all parties interest
ed, thus doing away with a great deal o
expense and also making saving of con
siderable time necessarily spent in trying
cases by jury.
The following additional divorces were
granted; Mary A. Blood from William
Blood, both of Mortified, for intolerabe
severity and adultery; Elna A. Brown Of
Montpelier from Gilbert L. Brown oil
Boston, for desertion. The court gave
Mrs. Blood her homestead and part Of
the furniture in the hotel of William Blood
at Mortified Center us almony, and also
the custody of their child, Charlie +.
Blood. Mrs. Brown was allowed to
resume her maiden name of Edna A
Mack.
Only three criminal cases were disposed
of during the term. In the case of State
VS.. Charles f. Dodge, who it will be re-
membered was an accomplish with Oscar
Dodge, in burglary committed at Joseph
Gray's nearly year ago, and who was
convicted at the last September term, the
were Withdrawn and he sen
fenced to five years Imprisonment in the
state work house.
In the case of State VS.. Jennie Smith,
indicted ut the last September term for
keeping house of ill-flme, the states
attorney entered mol pros.
f. N. Spaulding of Boxbury pleaded
guilty of petty larceny and was sentenced
to pay fine of ten dollars and 10 remain
in Jail until the fine was paid.
Several cases were agreed to be tried
by reference during the vacation.
Clarence II. Pilkin, Esq, has been APP
pointed by the court to fill the vacancy
in the examining committee caused by the
of the Hon. Paul Dillingham;,
which now consists of Hon. Homer w.
IIeaton, chairman, Joseph A. Wing, ESQ,
and Mr. Pitkin.
The court appointed the first Tuesday in
May "rule day"
Among the cases tried by the court we're
the following:
Montpelier and Wells River railroad
company VS.. Daniel Cotfrin. In the winter
of 1877 the st. Johnsbury Savings Bank
placed in the hands of the defendant. Il
deputy sheriff ut Groton, writ against
Richard f. Peabody, and the defendant
large quantity of wood and
lumber belonging to Peabody and situated
in the vicinity of Peabody's station on the
line of the plaintiff road. Peabody went
on with his business the same rs before,
and the evidence in the case tended to
show that he disposed of some of the
property attached under license from
The bank so to do. Among her transac-
tons he sold II lot of wood TO the plaintiff.
On the 23d of May, 1873, the defendant AS
sheriff sold Il lot of Peabody's property,
two hundred and nineteen cords
OF wood which the plaintiff had bought of
him after the attachment The company
now bring suit against the sheriff for the
nominal value of the wood, having used
it in spite of the sale. The court found
hat Peabody had disposed of the wood
under II license, and that the railroad
title was cool; Mr.. S. c..
Shurlletf for plaintiff; Messrs. A. J. Viii.
lard and Charles II. Heah for defendant.
Charles ID. Burgin VS.. Gilman I.Jackson.
This was another suit involving the acts Of:
IN officer, the defendant beng the con.
stable of Barre and the plaintiff IL resident
IF East Barre. 1t appeared from the tes-
imony that on the LIST of January, 1876,
The plaintiff bought of his brother. in-l,w,
Carlos Cheney, the latter's interest in his
arm, over and above the mortgage, and
Ill his stock and farming implements,
which purchase was II fraud upon the
of Cheney, and that Cheney
soon afterwards left for the west in the
hight time. and has never returned. The
finding this out, some of them
Immediately brought suit and attached
he personal property upon the farm.
Judgment having been obtained against
cheney, the constable sold enough to sat
sly it upon execution, and the plaintiff
low sues him to recover the value of the
sold. The court having found
hat the sale to the plaintiff by Cheney
vas fraudulent rs to the creditors, the
great question in the case was as to
whether the constable had observed all
he forms prescribed by the law in selling
he property upon execution. 1t was
claimed by the plaintiff and his witnesses
hat the defendant neglected to put TO-
ice of the sale upon the premises where
he sale took place, rs the law direcls
The defendant swOre that he did put a
lotice uuon the horse barn on the Cheney
arm, and would have won his case if he
lad not produced his diary The returns
'SttihSN tL''t JOolttl llt HUlltC On lUp
lorse barn upon the 81 of january; his
liary said that he posted it upon the 9Th
II January, and that he was in Boston on
he I'd. There being no explanation of
he discrepancy offered, the court found
hat no notice was posted upon the horse
'arn. and that therefore the sale was void
md the plaintiff must recover; Messrs.
leath ~ Carleton for plaintiff; Messrs.
'oyce and Boyce and Heman A. White
or defendant
II. G. Wells ct al VS.. South Woodbury.
Meeting house society. The plaintiff, Ii.
). Wells, Z. L. Ball and Ira j. Jewell
we're committee appointed by the men,
'ers of the defendant society in 1873 to
uperintend the building of their new
Meeting house. The society raised about
400 us building fund; but the commit.
ee incurred expenses to the extent of
everal hundred more, which the defend.
mt society refused to pay. 1t appeared
rom the evidence that the members of
be society knew about the extra expense
nd didn't find any fault till afterwards,
ghen the bills came in; that the society
'anted nice house and that the commit
30 thought, in good faith, that they were
IMPLY gratifying tho wishes of their con-
lltuents in putting out the stamps"
Inder these circumstances the court found
" plaintiff TO recover $3.50 70 and interest
ON January 26 1874. Massrs I,n,ao,