Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1880-03-31
Washington County Court,


OF three weeks.
The most lively epIso le of the term was
the appearance of MIS-. Sarah A. Neal in
person yesterday in behalf of an applca-
ton to ba allowed free access tn her chill
dren. which. she allege was now re.
fused. 1t will be remembered that when
the divorce was granted, in 1873, the
custody of three of the children was given
TO her, and of one to Captain Mead. She
took care of the three us long rs she could,
until they bectme actually destitute, when
the court transferred their custody to the
father. Since that time Mrs. Mead has
been assiduous in her applications to the
court for her reinstatement rs custodian,
which have always been refused because
she failed to show that she possessed the
ability to support them. About two years
ago she abducted the oldest girl aud took
her to Troy where she herself was at
work. Last September she brought her
back, and the girl is now living with her
father Judge Redfeld said in answer to
the application yesterday that Mrs. Mead
was still in contempt of court on account
of kidnapping the child and that according
TO law, she had no standing in court. But
he would not be harsh in II case which
involved the consideration of mothers
feelings, and tn court would make the
most liberal order they could. Yesterday
noon Judges Riford and Coburn visited
the children with view to ascertain their
treatment and condition.
In the case of the State vs.. Simeon f.
Corey of CABOT indicted for bigamy, the
bonds were cut down from $500 to 500.
Corey's counsel claimed that he believed
that his first wife was dead ut the time he
married his second.
The bonds in the case of George w.
Stranahan, indicted for attempting TO kill
his sweetheart, Martha Demmon, were cut
down from $500 to $3.50 Stranahau and
the girl both lived at Waterbury ut the
time of the shooting-two years ago last
February. They had been engaged but
he had broken with him, and in the
evening in question he called upon her AT
| her home to SEE if she would not renew
! the engagem mt. She refused and in the
front entry, while she was accompanying
him to the door, he drew small revolver
md shot ut her three times. In the dark
| mis- aim was bad and none of the bullets
nit her, though one passed through the
| lapel of her ulster. Ihe justice held him
in $1,000, which was afterwards cut down
by the county court TO $1,000. Stranahan
and his father " the artist tailor" ran
.way to the west Il year AGO and left the
1ondSmen, eleven prominent citizens of
| Waterbury, mourning.
The case against Russell Conner Of
Cabot for stealing, was mol pressed /; so
MAS the case against Joseph Lrmery Of
Montpelier, for selling liquor and against
Philip Preston of Montpelier, for the same
oilense The rest of the State cases were
continued.
Hosea L. Wheeler of Mortified was
ordered to pay Julia Warrington of the
same town one hundred anil fifty dollars
toward the support Of her illegi innate
child.
One other divorce case was granted
Arabella II. Clark of MiddeaeX from
Leonard G.. Clark of Moretown, for willful
deSertion and refusal to support, The
petitioner was given leave to resume her
mliden name of Holden.
The following is Il resume of the more
important witness cases tried and decided
by the court:
Oliver p. Hopkins VS., Edward Lawrence
and wife. This was an action of eject
ment to gain possession OF the home and
farm situated on the hill in this town
towards East Montpelier, now occupied
by the defendant. The place was bought
by John Hopkins, the son-in-law of the
defendants, and was decided to his wife,
their daughter Maria. Before her death
she willed the defendants II life estate with
remainder to her husband. Trouble arose
between John Hopkins and the defend
ants after the deccase of Maria, and the
defendants neglected to pay the taxes. In
1877 the premises were sold for the non
mvment of the taxes of 1876, by Mr..
| Futile, who was constable of Montpelier
in 1876 but not in 1877. The premises
were bid off by Hon. Henry Perley of
llardwick, and after the time of redemp-
ton had expired. we're sold to the plaintiff,
who now brings his action of ejectment
under that title. The defendant introduced
the town record of Montpelier, taken by
the listers us required by the act of 1872,
No 50, page 90, which requires the listers
to take and subscribe an oath, the form of
which is there given, and have the same
recorded before they enter ON the duties
of their Office. The court held, in accord
ance with the decision on the case of
Ayers, Executor Moulton, reported in
Volume 81 of the Vermont Reports, page
10, that the failure of the listers to take
and subscribe said oath rendered the
grand list void as IL basis of taxation, and
that the proceedings to collect the tax
were void, and rendered judgment for the
defendant to recover his cost. The decis-
ion following thai of the supreme court is
very important, rs it renders void most of
the grand lists of the state. 1t is also
important that the listers who are to
commence the taking of the list on the LIST
of April should take and subscribe said
oath, that the lists for this year may be
legal. The act also extends to town
clerks, constables and grand Jurors. The
defendants therefore retain the possession
of the premises Messrs. j. A. Il George
w. Wing for pIainlifl; Messr>. Heath Il
J Carleton for defendants
| ii. ID. Vail VS.. John Elkins 1t appears
that about ten years ago Elkins bought Il
large amount OF livery property of Chester
Clark, the landlord of the American
house. here in this village, and gave him
lien on the property for security. After
the lapse of some time Clark asserted his
lien and got possession of the property;
but found, us he claimed, that two wolf
robes were missing 1t also appears that
Elkins bad sold two wolf roles to the
plaintiff, fl. d. Vail, and now, Clark
having asserted his ownership of the
robes, Vail sued Elkins to recover the
value of the robes. Elkins admits having
sold the robes, but claims that they were
not included in the lien, but that he
bought them of one Seth Lee of More
town, now dead. Judgment was given
for plaintiff to recover thirty dollars and
interest thereon from the date of the sale.
| Mr.. Vail keeps Il store Mt Worcester Cor