Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1880-06-23
Orange County Court.


felonious taking Of eighteen turkeys the propert,
of Alvin Smith. The prosecution relied mainl,
upon the testimony Of Mr.. Smith and two ladies
namely, Mrs. Carpenter and a niece Of hers,
Miss Smith. Mr.. Smith testified 10 the loss Of hi
turkeys. and to the finding Of some turkeys il
the possession Of the respondents which Smtl
believed to be his turkeys One Of the latter wa,
brought from the respondents residence and iden
tilted by several Of Mr.. Smiths neighbors as hi,
property. The testimony Of Mrs. Carpenter and
Miss Smith was in substance, that on the day tn,
turkeys were lost they saw man driving 1ocl
OF from fifteen to eighteen turkeys In direction
from Mr.. Smiths house. Subsequently, and at
justice trial Of the respondents, these two ladies
identified Edison Magoon as the man they saw
upon the occasion referred to To meet this EVIL
dence the respondents counsel moved for yer
dict in favor OF Asa, which was directed by the
court upon the ground that there was no evidence
| against him. With reference TO Edson an alb
was sought to be established. As to the identii.
cation Of him, the respondents claimed he had
been pointed out to the two ladies before they
identified him with the man whom they saw drv.
ing the flock Of turkeys. The respondent Edison
denied taking the turkeys, and introduced evi.
uthNt ttHuiHR W sHOW ludt DOtn respondents
raised and dealt in turkeys, and had large mum.
Der at the time Smith lost his. Verdict, not
guilty. G. II. Heath and A. s. Austin for the
respondents States Attorney Harvey and J. X
Darling for the state.
| State U.s. Ira Mudgett. This respondent was
charged, upon an information of the states at
torney, with making an assault upon Frank
Broughton at Tunbrdge on the oath OF April,
| 1879. The respondent, in answer to the charge,
| admitted the assault upon Broughton but said he
did II In the lawful exercise OF his authority a.
justice Of the peace for Orange county, and urged
| justification upon the strength Of statute law OF
Vermont with reference to the arrest Of persons
disturbing n religious meeting The state relied
upon the evidence of five young men, including
Broughton. These young men, or three Of them,
bore very dsreputable appearance, especially 81
did one OF them, yclelt Hub Tucker than whom
| worse looking specimen of ignorance and bru.
taity never graced the Bowery. These young
men all testified that they did not disturb the
meeting in question, which was a Methodist
prayer-meetng; and they further said the assault
by Mudgett commenced by the latters own
aggressive conduct. At this club" did confess
to striking Mudgett in the eye. 1t appeared by
the meeting, and 1t was agreed on all hands tina,
the minister had to speak to them The respon.
dent testified to the disturbance, and rs to his
arrest Of Broughton and to the resistance and
| escape OF the latter; also, of his subsequent re-
capture, at which time he again resisted, aided by
heavy heeled cowhide boot with which he as.
saulted Mudgett while recapturing him 1t was
at this time that Broughton received the tap on
the sconce which the peg upon which the
prosecution was hung. The arrest by Mudgett
was upon view and without warrant" after the
close of the meeting Verdict, not guilty. A. II
Austin and c. II Heath for respondent; S T.
Pingree and ]. W Rowell for prosecution At the
close Of this case the petit jurors were discharged
for the term.
Albion Mclntire, man with "monsrous
small voice" and "dabolica temperament,
pleaded guilty to an information OF the states at
torney charging him with assaulting Sheriff
Clarke while in the proper exercise of his duty
Clarke vas serving civil process upon the re.
spondent at the time the assault was committed
The court sentenced McIntire to two years in the
house Of correction. N. l.. Boyden appeared fol
the respondent.
David Mccarthy pleaded not guilty to an as.
sault upon the coachman of Smith Ely by throw.
ing a large stona at him. Subsequently the re-
spondent retracted his plea and pleaded guilty
He was fined IS and costs, to stand committed
until the fine should be paid.
Augustus Brier pleaded guilty to an indictment
charging him with the larceny OF some meats
from one A. j. Brown of Topsham on the 2i,h OF
February last Sentenced to one years imprison.
ment in the house OF correction.
The foregoing criminal cases, with the excep.
ton Of Mudgett's, were all brought forward by
the grand jury. Other true bills were found as
follows, and the cases were either continued OF
otherwise disposed Of: State rs. James Whitney
and Lorenzo Miles, kidnapping, bail fixed at $50;
State as. William Densmore, larceny; State Us.
Henry Watson, larceny these last two were con-
nected with Bier, who pleaded guilty.; State rs.
David Lorel, larceny; State Us. Royal F. West,
assault. The four persons named below residents
of Thetford, were fined the various sums set
against their names: Samuel NJ Ladd Si05
Lewis Ladd S25; Henry Gilman, SIS; Isaac NJ
Gould, $40
The following cases were disposed of by the
court II. A. White rs T. G. White. Action Of
assumpsit to recover Sl95 81 oyerpaid by the
plaintiff to the defendant Judgment for plaintiff
for amount specified and interest. Plaintiff per
sei Boyces for defendant
Luke Parish Us. A. A. Brooks and Nelson Gay
Action of general assumpsit. c, II. Heath and
~ l.. Boyden for plaintiff w. j. Wilson and D..
W. Rowel for defendant. The facts were as fol-
lows: Prior to March, 1878, the defendants were
creditors OF one Talbot. In order to pay
the defendants some portion OF this indebted
ness Talbot sold property and took note
signed by the purchaser, Sprague; it did not
appear whether a negotiable note or not. Sub
seqnently an action was brought by Brooks
Gay to recover from Spr.gue the amount Of
this note. They sent it to Talbot who handed it
to Denison & Son to sue. writ was handed to
Parish, who served it on Sprague, attaching one
COW, which Sprague claimed to be exempt
1hereupon Parish wrote Brooks & Gay and
they referred him to Talbot, to do rs the latter
advised Talbot gave bond of indemnity to
Parish. Said bond was signed by several other
men, all OF whom supposed the suit was in favor
of Brooks Gay. Parish arrested the cow, and
Sprague brought suit and recovered 500 s.
This amount Parish now sought to recover from
defendants, and did recover it by the judgment
OF the court.
Albert Chalmers rs. S. NJ Rollins Petition
to be allowed to take poor debtors oath, or be
allowed the privilege OF the jail yard. In 1875
June term, the case Of Rollins rs. Chalmers was
called and set not for jury by plaintiff, Upon
hearing OF motion for continuance the court ad-
iudped the cause inau H. Giant and ind xva