Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1881-04-06
Washington County Court.


The jury trials came TO an end last
Friday, and the Jurors having been dis
chtrged for the term, recess was taken
until next Monday, when Judge Taft will
return and finish the business.
There are several divorce cases TO be
tried. and the court will probably be
occupied five or six days in disposing Of
the questions which will be brought before
it.
The criminal cases were disposed OF last
Thursday and Friday. There was only
one trial
The State vs.. Melissa Warner, proprietor
of the Summit House in Roxbury. The
defence was an ingenious one, and was
successful, as the jury acquitted the tair
respondent after very brief deliberatlon
The state put upon the stand several wit
nesSes; but what few did not unequivo-
cally deny ever procuring any liquor nj
the Summit House, swore that they got IL
of Mr.. Bernard j. Hine, the clerk OF the
hotel. For the second time in this county
since the passage of the prohibitory law
the respondent went up to the stand and
denied the charge. She testified that since
her husbands death the bar had always
been closed; that no rum had been sold in
the hotel with her knowledge or consent,
and that she had forbidden any OF her
employees selling any. This testimony was
corroborated BY Mr.. Hne. He refused to
disclose as to his own sales of liquor upon
the ground of determination. Mr.. G.
/ 4 .ho knfo nrnaAnntp6.
and Messrs. James N. johnson and John
Il. Senter defended.
| OF the other criminal cases the follow
ing rum cases were mol prosed:
Against w. F. O'Neil, Lawrence Pres
ton, Aaron B. Houston, Frank II. Bascom,
Cvpran Peltier, George Wade and Robert
Kew. Ekanah s. Whitcomb of Mont
poiiar pleaded guilty tn FIVE first offences,
and was fined $50 and COSTS In all about
$40; John Magoon Of Barre pleaded
guilty TO one first offence, and was fined
$40 and costs; H. T. Dickinson and E. f
Sherman of Barre each pleaded guilty to
keeping a nuisance, and as they had gone
out of the business, and never will sell
again, they were let off, at the recon.
incubation of the town grand Juror, with
the light fine and costs of S4l.H each.
The cases against Jennie Smith of Mont
pelier for keeping house of ill-fame were
mol DroSed. William Washburn of Mont
peler pleaded guilty of one first offence
against the prohibitory law, and was fined
$40 and costs Charles Romney of Goulds-
vile, indicted for exposing poison to a
horse. forfeited his bonds.
The following is a resume of the civi
cases tried by ivy since our last week
report:
Giles B. Durkee vs.. Town of Barre
This was an action to recover damages fol
injuries which the plaintiff alleges his mare
received on the I'd day of April, 1880. or
account of defective highway. 1t seemed
that on the day in question a young mar
named Chandler drove the plaintiffs team
to the Phelps saw mill In Barre and load
ed the wagon with slabs. The horse be
came frightened and backed herself anC
all into "a deep hole near the mill. Sh,
was taken out badly injured and was after
wards sold by the plaintiff for 800. The
plaintiff swore that the mare was worth
5 500 ut the time of the accident; but ht
town put on witnesses who swore that sh,
such an errand as drawing slabs from
mill. The chief point made by the town
however, was that the road was not y pub
lie highway. Ii was a steep road which
lead down to the mill from the Washing
) ton road. In the TALL of 1873 Mr.. Phelp
" worked" under an agreement with tn,
, selectmen that they should adopt it as
public highway when he should have com
pleted working it. The selectmen, how
ever, never filed Il certificate of the open
ing of the road in the town clerks office
ana the road was never put into the sur
veys. Mr.. Lewis Noyes, highway sur
veyor, worked the road little in tn
spring of 1879 The court ordered a yer
dict for the defendant. Messrs. E. w
Bisbee and S. G. Shurtleff, for plaintiff
g. w. Bassett, town agent, for defendant
William H. Morris VS.. Eugene Boyoe
The defendant, resident of Montreal
hired team of the plaintiff, the wei
known hotel and livery stable proprieto
in Mortified, on the 10th of April, 1886
and went over the mountain to WaitsticC
upon visit to his parents and friends
On the way back, up the west side of tn
mountain, he got out of the buggy, an
9 walked behind the team. The horse ra
0 away, broke leg, and smashed thing
generally. The plaintiff now sues to re
cover. The mare was noted anima
named Nellie, and was at once SO gent
n that women and children could driye hel
and n first rate roadster. The plaint
claimed that the defendant was guilty G
negligence in getting out of the buggy
The jury thought so too, and gave tn
plaintiff verdict of Sl9l.09. close ia
a certificate was refused. Messrs. johnson
. and Fisk for plaintiff; Plumley Il Bate
# Tor defendant.