Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1880-03-24
Washington County Court.

! The term will probably come TO an end this week
II has been unusually unimportant, and, with
the exception Of the IIazen case nothing OF any
magnitude has been tried. The jurors were dis
missed last Friday, and the court is now engaged
| in disposing OF the miscellaneous business.
| The Hazen trial, which occupied the time OF the
court from last Tuesday morning until last ffi-
day forenoon was upon an Indictment OF Enos Is.
IIazen Of Cabot for setting fire to his sawmill on
the 3ist OF August, 1876, with intent to defraud
the Vermont Mutual Insurance Company. The
respondent Is a lame and sickly man OF sixty.
eight years. who has lived in Cabot for fifty years
with good reputation. The saw-mill was stu
ated In the west part Of Cabot the foot Of the
Kimball hill, or west hill, and near four cor
ners from which roads lead to Cabot upper village,
Cabot lower village, Woodbury. and the Kimball
hill 1t was owned by the respondent and in
sured for $1,000, which the government claim Is
more than II was WORTH and that to get this insu-
rance was the respondents principal motive in
| committing the crime. The company declined to
pay the insurance for some time after the fire and
the respondent at length compromised and agreed
| to accept $780, The government claim that TINS
compromise was a virtual confession OF guilt upon
| Hazen's part, since there was possible way In
which the insurance company could escape pay
ment, except by proving fraud on his part.
The respondent himself went upon the stand and
| solemnly swore to his innocence. He testified
that upon the morning OF the fire he arose early
and went to the field and commenced to NOV his
| India wheat that he heard cracking and sup
posed at first 1t was a brush heap which his
neighbor, Mr.. Nathaniel Adams, was burning;
pretty soon the noise and smoke increased so that
he concluded 1t was the mill and started in that
| direction; that az soon rs he came in sight he
found that the mill was burning; that he ran to
his house, informed his wife and daughter and
thence went to the mill, arriving there at about
| the same time Adams, O. d. Peck and Hiram
Russell, his neghbors, did. The respondents
daughter, Ella Hazen, confirmed her fathers tes-
tmony, so far rs his going from the house to the
fire. She testified that she hurried on her clothes
and followed him there The chief witnesses Tor
the prosecution were Eastman I. Hopkins and
Nathaniel Adams. Mr.. Adams testified to being
aroused by the cracking Of the fire, to going ont
to the platform in front Of his barn door Just as
the fire was bursting through the roof OF the mill,
and from there seeing man whom he TOOK 10 De
Mr. Hazen right by the side Of the bulkhead. lie
went as soon as he could to the mill aud met MT.
Iazen on the bridge from the mill to the road
He testified that he thought then the man he
met on the bridge and the man Sie saw by the
bukhead was the same. Hopkins Is neighbor
of Hazen and was one OF several who were inter-
ested in having the mill rebuilt. Hazen also owed
him a note OF two hundred odd dollars, which he
felt anxious about. He Albert and Caleb
Noyes, and others. rather opposed the payment oil
the insurance money to the respondent unless he
would consent to rebuild. He testified that along
in the fall after the fire the whole matter
was talked over-about the origin OF the fire,
and the insurance-and that after the Others went
away. he stayed and talked with Hazen until two
or three o'clock in the morning; that Hazen
seemed to be greatly disheartened and said that
he knew that the neighbors thought he burned
the building; that they talked about the nsur
ance and about the expediency of the respondent
taking $500 instead of the face Of the policy
81 600 that he told Hazen that innocent he ough
not to make discount, but should sit still and hi
would get his insurance; that early the mex
morning Hazen came to his house, APPARENT,
very much troubled in his mind; that he dis
cussed the affair with him again and at last burst
ing into tears, said " | burned the mill" Hop
, lxins' story was somewhat improbable in itsel
and its credbity was weakened upon cross-ex
: animation by Mr. Shurtleff, which yer,
searching and severe. Hopkins was obliged t.
admit that, notwithstanding this confession. HI
gave the company no notice; but that he allowed
Hazen to collect the $500, and that he never com
municated his knowledge Of his guilt to any on
y until after he and Hazen had had trouble abou
: the note. Several witnesses impeached the truth
Il fitness of Mr. Adams testimony by swearing
: that he had given them different versions iron
!, the one he gave on the stand. The case wa
given to the jury Friday morning in an able an
thorough charge by Judge Redfeld. The jur.
= I in less than two hours returned a verdict of &C
!, quittal. The result was surprise to most @
those who heard the case, and it was general
> thought that the government had made out a
unusually strong case The jury was one OF tn
. best juries that sat on case in this county
:, and contained twelve "good men and true.
= Messrs Frank Pumley, states attorney, and .
p Lamson for the state. Messrs. S. C. Shurtleh
y Charles H. Heath and o. l.. Hoyt for the II
> spondent.
Only one divorce case has been tried Abbie I
Sisson OF Mortified rs. Erastus ii. Sisson
Bridgeport, Connecticut. In this case the r,
: spondent was granted bill for adultery and +,
!, fusal to support, and given leave to resume he
a maiden name, and given furniture etc las almony
A In the state cases against Calvin f. Stowe
A Montpelier, and Mrs. Sarah 7. Burnham
=. Montpelier, the respondents allowed the bonds
be called and forfeited. Stowe was indicted f
the larceny OF three buffalo robes in Barre in tn
winter OF 1878 His bonds are $500. Mrs Burr
ham was indicted for setting fire to an unoccupie
house ON the corner Of Jay and LOOMS stree
:, In this village, now owned and occupied b
Int than, md Ia.
u aud her husband, A. j. Burnham. Her bone
. are 81 900, and the bondsmen are Oscar E Burr
q ham, G. A. Morse, A. J. Morse, A. j. Burnhai
and b. +. Morse. Her crime was Of more tina
70 ordinary recklessness, since, if it had been su
- cessful, the lives and property Of many othe
were endangered. Both she and Stowe wei
% judicious in not putting themselves upon Il
y country for trial.
- In the case Of W. A. Boutelle Us, the Planter
- Insurance Company, judgment has been give
:. for the plaintiff, and question Of damages HI
:" been referred to the Hon L. II. Thompson
:, Irasburgh.
~ The last case tried by jury was the state 4
% Dodge W. Sowles, a resident OF the Beckley h
>, in Barre, for telling his brother-in-law, Fabian
w Lashaway, TO maui" Thomas L. Emerson,
Barre ON the evening Of the 18th OF last Februar
= The alteration grew out Of the respondents hor
running against Emerson in the darkness, las he al
~ his wife and Lashaway were driving along in
w sleigh. Emerson and his two boys were waikiki
~ along the road in an opposite direction hayi
just left William Sherman's house. Lashawi
20 took umbrage at Emerson's conduct in throw
70 up one Of his arms when the horse again
~ him, jumped out and at Sowles suggests
-, knocked him down. The jury brought in a "
" dict of guilty but as Emerson not hi
70 much the court fined him only S5 and COS
~ Messrs. T. W. Bisbee and Clarence II. Pitk
10 were for the prosecution Messrs, W. A. & o.
Boyce defended 1t was Mr.. Bisbee's maiden
Is - gument in the county court and he gave eviden
:" Of possessing good power as an advocate.
- Yesterday afternoon the bar presented to t
~ court, through the chairman of the commit,
~, Mr.. Heaton, resolutions Of respect for the me
DRY Of Judge Peck. Addresses we're made by n
~ Heaton, Ex-Governor Dillingham;, Hon. Il
'ne man Carpenter. Joseph A. Wing, Esq, HI
~, Charles H. Heath and George W. Kennedy, Il
'.o Judge Redield ordered that the resolutions
~. recorded by the clerk and that certified copy
"s sent to Mr.. Nahum Peck OF Hinesburgh, /
judges only surviving brother
On.
ny fAYsroS.-Henry Hines, who for over twer
vas years was a resident OF the town OF Waitshe
I l..s. \