Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1879-09-26

6er, administrators, Us. D0Dor. Verdict for |
plaintiff, 1895.
Henry C. Wilder Us. Edgar G. Belden.-
This was an action of trover to recover the |
value of horse, wagon, harness and robe |
claimed to have been taken by the defendant |
and converted to his own use. The evidence
showed that Beden had been for several |
months in the employ of the plaintiff and |
during this time, in May, 1877, bargained for
a horse. Wilder claimed that the sale was a
conditional one, and the defendant insisted |
that the sale was absolute and that the title
was vested in him at the time of purchase,
though he was to pay for the horse in work.
The plaintiff further claimed that he loaned
defendant the other property in controversy,
and that there had been some talk of n sale
of the wagon, though none had been effected.
That the defendant in the fall of 1877, hav-
ing previously been to the centennial at Ben
nington with the property, again harnessed the
same and went away with the purpose of OBJ
tanning sufficient money to pay for and pur
chase the wagon that he returned without
success and passed the property back into the
plaintiffs possession and control, and then
borrowed the same Immediately to carry his
father home to Somerset. That the defend
ant did not return, and that he instituted
search for the property that the property,
excepting the robe, was finally found 10y
Sheriff Kidder at White Creek, n Y, under
circumstances showing that the same had
been concealed, and it was taken and return
ed to Wilder. Plaintiff claimed to recover
for damage to property and expense Of find
ing the same. The defendant testified that
he purchased all the property and claimed
ownership of it. That he pledged the same
ms collateral security at White Creek to Oh
tain money to pay for the wagon that his
work had paid for the horse and portion of
the keeping that in October 1877, he re-
turned to Wilder's in Guilford for the pur-
pose of paying for the property, having the
money with him for that purpose but did not
pay for the same because the expenses incur
red 10y Wilder in looking after the horse and
wagon were claimed of him. Verdict for
plaintiff, S11G.G4
Christian +. lScdUster rs Henry DeUehS
This was an action to recover damages for ali
assault and battery committed by the defend
ant. The evidence tended to show that in
the parties, and that Prof Schuster slapped
the child of Capt. Devcns in the face that
the child at once made complaint to her faith
err, who Immediately stepped to the door and
called to the professor, who was walking
towards his house that no attention was
paid to his calls, and thereupon the captain
secured his hat and walked deliberately TO the
professors house and rang the bell repeated
ly. That finally some one appeared and said
that the plaintiff was engaged, to which de-
PENDANT replied, IF Mr. Schuster is a man
he will see me-" 1t further appeared in evil
dence that soon after the professor came to
the door and, according to plaintiff testimo-
ny, scrmmage Immediately commenced
| but according to defendant's version he sought
an explanation of the plaintiffs conduct, and
being answered in an insolent manner, slap
| ped the professor in the face that the plain
tif thereupon started for large cane, where
upon the defendant seized him by the beard
and pushed him back into the hall. 1t was
claimed upon the part of the plaintiff, and
the testimony tended to show, that as soon rs
Mr.. Devens had inquired as to the striking of
his child he immediately struck the plaintiff
and then suddenly seized him by the beard
with both hands, pushing him back ward into
the hall, and choking him. The defendant
| claimed that after the blow was given Mr..
| Schuster started towards cane standing in
the hall and that thereupon he took hold of
plaintiffs beard with one hand and held him
until they finally separated; that he did not
choke him, and testimony was introduced
IT, Al. Al. Ii. a. IT 4 l
ed what had occurred did not claim that he
had been choked, After the parties had tax
en- hold of each other it appeared that the
| plaintiffs wife and servant girl soon appeared
and laid hold of Capt. D,yens, and that the
| scrimmage continued until the defendants
hat WAS pushed down over his eyes. During
the struggle the parties fell over "A baby
riage, and in the meantime one of the plain
tits little boys had run to the shed and
brought some sticks of wood ito help papa"
| One of the neighbors attracted by the noise
| appeared and the parties soon separated.
Capt. Devens went away, according to his
testimony, in "diapidated condition" hav-
ing had his cravat partly torn off, also having
lost several shirt buttons and the crown Of his
hat Mr.. Schuster claimed that he lost some
of his whiskeH, which appeared to have
been picked up in the hall and were produced
| during the trial lie further claimed, and the
medical testimony showed, that he became
very nervous and much excited after the af-
fray, and that this nervousness continued for
several months. Verdict for plaintiff, S522.-
81.
Wm. l. Perry rs. PutHey This was an
action on the case brought to recover dam
ages received on account of the alleged insult
iciency of the highway in said town. 1t ap-
peared that upon the 18th day of December,
1877, the plaintiff was driving over the old
county road in said town, and that at point
opposite the dwelling house of A. NJ. Ed
wards the axle to his wagon broke, and he
was thrown over an embankment into a
brook, the wagon and the hay with which it
was loaded falling upon him. 1t was claimed
that the highway was narrow, slippery and
icy, that there was a hole in the road between
the edge of the embankment and wheel track,
and that the wheel slid into this hole which
caused the breaking of the axle. The plain
till claimed that several ribs were fractured,
that his right hip was severely bruised and
that he was injured in the back and kidneys
and his general health greatly impaired. 1t
also appeared that there was no railing or
imminent to guard against this cmbankment
The defence claims that the plaintiff was us
ing wagon unfit for the purpose, and in
this respect was not in the exercise of ordina-
ry prudence. That his injuries are not so
bad as represented, and are partially feigned
for the purpose of increasing his damages.
A Curious INDUSTRY. The principal indus
try of the town of West Falmouth Mass, is
tying business tags with bits of strings, by
| vvbich tba topg NAV 10 attached m urt igl las