Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1879-10-15

accident was short distance beyond the ter
minus Of the road thirdly. that Mr.. Benjamin
Daley cut this road between the two stumps for
his own convenience; fourthly, that the plaintiff
contributed by his own negligence to the accident
In not properly loading his scds The evidence
was conflicting, and the jury found for the de-
PENDANT.
State OF Vermont Us. Francis c. Fish and John
Iibbetts. Mr. Joseph 7, Lamson for the state
Messrs Heath Il Carleton for respondents. This
case arose out Of serious encounter between
Henry Atkins and his two sons on the one side,
and the respondents on the other The parties
all live in Cabot near the Molly's brook road
The case came up on an appeal from a justice
1t appeared from the testimony that Mr. Atkins
had given permission to one Mr. Smith to saw
and draw away ice from the Molly's brook which
ran through his farm. Mr. Smith, however,
brought with, for the same purpose. the respon-
dents in this suit and a neighbor of one Of them,
Will Tibbetts 1t seems that Atkins had not
been on friendly terms with these gentlemen, and
after they had sawed quite quantity OF ice and
were preparing to draw it away, he thought It
would be good notion to forbid their coming on
his premises, or rather, to order them off and
prevent their reaping the results of their labor.
SO he requested Mr.. Smith to inform Fish, lib
belts e. Co. that they must not further trespass
on his premises. Nevertheless they came down
with their oxen, determined not to be beaten out
Of their ice which they had sawed and loaded
Mr. Smith denied upon the stand that Atkins re-
quested him to make any such communication;
but Atkins said Smith told him that he gave the
advice or command to the respondents The
parties met on the road down to the brook, and a
contest arose at once. Atkins and his two sons
endeavored to head the cattle about, and the de-
PENDANTS urged them on. Atkins gently tapped
the oxen on the head with his axe helve, and
finally gave it to them with the head Of the axe
The defend ants testified that they went forward
toprevent cruelty to their animals. Atkins claimed
that at this juncture Fish struck him twice in the
face with whip. Whereupon, as all parties
agreed, Atkins made for John Tibbetts and threw
him down upon the snow, where considerable
bruising was done, And when they arose Atkins
struck Tibbetts a side-winder in the face, the
complexion of which he bore for some time. The
long and short OF the whole transaction is, that
it was disgraceful row, which, as the judge in
timated, was breach Of the peace and that both
parties should be made to answer for it. The At
kins party however, had the advantage in justi-
trespassers. That Atkins acted the part Of Z" the
dog in the manager" was very evident and there
are rumors of suit against him for the climac-
teric blow which he struck Tibbetts The jury
could hardly do otherwise than find the respon-
dents guilty, as they were, OF course trespassers
knowingly, after the communication they had re-
ceived from him. They were released on $50
bail apiece
Farmers Mutual Insurance Company u.s. Dan
Wells. This was suit brought on a note which
the defendant, resident of Milton, executed to
the late Samuel Wells treasurer of the insurance
company, for the sum of $3.50. This was trans
ferred to the insurance company, and the only
question In issue in this suit was whether pay
ment Of 500, which was never endorsed on the
note, was ever actually made, as 1t was claimed
to have been by the defendant The plaintiff
rested upon proving the execution Of the note,
and the defendant himself took the stand to tes-
tify in regard to the payment But upon the OBJ
lection by the plaintiff to his competency under
the statute-which provides that where "o one OF
the original parties to the contract or cause of ac-
ton in issue or on trial is dead, the other
party shall not be admitted to testify in his own
favor the trial was interrupted A verdict was
agreed upon for the plaintiff OF $685. II, it being
the amount due on the note, less 500 The ques-
ton is to be taken up in the supreme court, and
in case the objection is sustained, the judgment is
to be for the entire amount. Mr. S. c. Shurtleff
for plaintiff Mr. Chester W. Writers OF Milton
| for defendant.
Homer d. Camp u.s. n. +. Averill. Messrs. j..
W. Rowell and Heath & Carleton for plaintiff
Messrs. W. A. o. b. Boyce for defendant
This action was also based upon note, which
read as follows:
| BARRE. August 3lst, 1871.
For value received we jointly seyerally promise
pay Homer D. Camp. bearer four hundred dollars
''''a with interest annually & & E EsSs.sS,
n. f. AvERILL, Surety.
| The real principal on the note was E. o. Leon.
ard, who, it appeared on trial, took sudden de
| parture from Barre to more congenal climes
His sudden disappearance was on the evening o.
| March 9th, 1878, and the following day Mr.
Camp, happening down to Barre from Orange
| discovered the fact, and began at once to lool
over the suretes on his note. In an interview
which he had that day with Mr.. Averill, Mr.
Averill denied that he ever executed the note
Moreover C c. Leonard, the fugitives father. II
C. Leonard his brother, and J. S. Collins, all de
aquadruple forgery. The other signers were not
however, responsible and Mr.. Camp brought sui
only against Mr.. Averill. These men are all o
good repute in Barre, and II they did sign thu
above note, they must have either entirely for
gotten it, or committed fiat perjury. The forgery
II it was, of all four names was nicely executed
that the parties themselves. from the mere appear
ance of the names unconnected with the note
were unable to say they were forgeries. So il
case they were forgeries, the county may be con
graduated upon getting rid of such a skillfu vii
lain. The witnesses called to prove the sigma
lures on the note were lifelong acquaintance o
Mr.. Averill, among whom were Ira P. Harring
ton, Carlos Carpenter, George W. Tden, L. +
French, Lucius W. Scott and Horace Fifeld. The,
all testified that 1t their opinion, from pretty
familiar acquaintance with the handwriting o
Mr.. Averill, that the signature was genuine
Hon. Whitman G. Ferrin and Mr.. 4, d. Black
well, cashier Of the Barre bank testified as ex
perts that the signature Of Mr.. Averill tn
note was written by the same hand as other sig
natures admitted to be his. They were all shown
on cross-examination list Of eight signatures
some genuine, others forgeres, of Mr.. Averill
and asked to point out the genuine ones The
bunders which were made again effectually ex
poded the theory Of experts The results OF thei
examination OF the list were what they would
have been, II any men Of respectable judgmen
had been put to the same test On the part o
the defence the men whose names were signed t,
the note were put on the stand to deny their exc
cution, but no other evidence was introduced
The case was very perplexing one, and although
the counsel on either side had a clear notion o