Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1880-09-29
Washington County Court.

docket Is still very stiff and IL will take about
ten days more, probably, TO dispose Of the jury
trials upon the civil docket. II Is then thought
recess will be taken until after the session OF the
legislature or at least, until after the close Of the
general term Of the supreme court, when the
trials Of the criminal cases. including that Of the
Meakers for murder, will take place.
The new docket was called on Saturday.
There are only eighty-four new entries-a very
small number Legal business IL very dull In this
county and suffers greatly from the stagnation Of
commerce. Six Of the cases are divorce.
II Is to be hoped that the famous hull-less oats
cases, In which Mr.. w. A. Boutele sued the
Westminster, Planters, Globe and Kansas Insur-
ance companies for ten thousand dollars insurance
upon his hul-less oats, are settled at last. The
case against the Westminster was tried twice by
jury, and resulted the second time In verdict OF
some nine hundred dollars for the plaintiff. The
Globe and Kansas failed. The case against the
Planters was tried during the summer before the
Hon. L. ii. Thompson OF Irasburgh as referee
to assess the damages and judgment has been
rendered by the county court in consequence Of
his report for about six hundred dollars
One Of the side shows " Of the litigation, a
suit for SANDER In behalf OF Mr. Boutelle against
Colonel A. c. Brown, the agent who placed "
the insurance, has also been settled by the COM
panies paying Mr.. Boutelle one cent damages and
full costs. Colonel Browns offense was In insinu-
ating that Mr. Boutelle had set fire to the build
ing in which the oats were stored. The litigation
must have cost Mr.. Boutele nearly all that he
gets. But he has made plucky fight, and the
sympathies Of the community have generally been
with him, upon the ground that the practice Of
wild cat insurance needed severe lesson.
The three young men who were admitted to the
bar last week-Messrs. Charles B. Goodrich,
George B. Clifford and George W. Morse-are OF
unusual ability and attachments aud are most de-
srable accessions to the profession. They under
went thorough and searching examination by
the committee, Messrs. Homer W. Ueaton, Joseph
A. Wing and Clarence II. Pitkin, with great
credit. Mr.. Morse is a resident OF Waterbury.
lie has studied law with c. +. Clough, Esq, for
four years, and will probably practice in Water
bury which is his native town Mr.. Clifford is
graduate Of the Wesleyan academy at Wilbra-
ham, Massachusetts, class OF 1876. lie began the
study Of the law in the office Of Governor Farm
ham, at Bradford, in May, 1877. He came to
Montpelier In 1879 and resumed his studies under
whom he has remained Mr. Clifford will remain
in Montpelier for the present. Mr. Goodrich has
already begun practice in West Randolph, under
ilattering auspices. lie was educated at the
Methodist Seminary at Montpelier, and at Middle
bury College, where he went through the Sophie
more class. A good deal of his time since he
began study has been spent in teaching. lie has
been principal Of the Stowe High School, Of the
West Randolph Graded School, and during the
past year superintendent Of the public schools OF
vineand, New Jersey, and in each Of the positions
acquitted himself with great credit. His studies
have been pursued under the direction OF Captain
Livingston, Hon. John w. Rowell and Messrs
Heath & Carleton.
The first case tried was Herbert c. Leonard Us
Ira Hutchinson, apt, which was case in which
the plaintiff sues to recover the balance due upon
promissory note OF sliO, payable on demand
Upon this note were two Endorsements, one dated
April 49, 1876, for $50, and the other dated Sep
the defendant to the plaintiff and his brother, f.
o. Leonard, and was dated at Barre, August 81,
1875. The note grew out of horse trade 1t
turned out from the evidence that the Leonards
were teamsters, and had stable in Barre viii
lage; that the defendant was a farmer, who
ran a threshng- machine for change. The
plaintiff owned heavy team, suitable for run
ming horsepower, consisting Of a certain brown
mare, formerly owned by Mr.. George P. Foster,
landlord Of the Union House, Montpelier, and
horse The defendant owned a span of white
horses, which he desired to trade for the team be
longing to the Leonards. SO this defendant, with
his two sons, went to the stable Of the Leonards
to effect swap. After good deal OF bantering,
and some leaving out to other men, a trade was
finally brought about by which defendant OBJ
tanned possession of the desired team and a pair
of harnesses, for which he gave in exchange his
own team, one hundred dollars in money, and the
note in question. The great question at issue
was the condition OF the brown mare" when
she came into defendants possession 1t was
proved by Mr.. Foster, and the plaintiff admits,
that the mare had on her near hind leg what is
called by horsemen wind SPAWN" Mr. Foster
relates how the mare got it by frisking in his
yard one day while it was icy. The defendant
and his sons claim that the mare was warranted
by the Leonards to be entirely sound while the
plaintiff, of course, alleges that no warrant was
given The defendant admits that he discovered
that the mare was lame before he got home, but
L.. sL.tl Ia.
he ciftiihs shat hei h'hehess was nol Jus u tnt
SPAWN" but that it originated in the hip, and
finally caused her death, some three years after
tho swan ua ho,,oyor r,oaa no oc,,r,a;,, -
'"' swap NO no"e'e' maui no Complaint 10
the Leonards until the suit was brought. In the
present suit he asks the court to permit him to
dad,ct fran, tho no,a tho Al sferanoa ho,va.n ,ha
- wy ~ o.'"esn 'ne
vaiue oil the mare as she really was when he got
her and what 1t would have been had the mare
been sound He alleged moreover that he had
- $50 49,, h,s 49, ,.e. ~
u'aoe '"o pay"eh'e "h'oh nau never oeeh IN
dorsed upon the note, one OF SO and the other OF
81 80 There was some pretty tall living in this
oasa ,omauha,a "a Il, mos, ho,s. oasas In, ,ho
.''e ''o 90 :" ms no'ee e"'ee ou' '"e
Jury seemed To think that In this respect the de-
PENDANT had the best of 1t, for they brought in
verdict in favor of the plaintif IN the amonnt of
go, 20 mn. -. - an -, -.
eoo, Inc parues' anu all concerned except
f. o. Leonard, who has run away, were all from
Barre. Messrs w. A. 40 r. Bovce for nlaint.
10 ~. H., e. C.-,o,. a. Sa,..,a.
III hieSSis' hea'h earielon LOT ueienuan'
Homer ID, Camp US n. +. Averill. This was
,,iad n vaar ago and raau1,aJ 1, n di,a,raaua m,