Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1881-06-08
Lamoille County Court.

On Tuesday, the 31st Of May the adjourned April
term Of this court met to finish the business left
over when the recess was taken. About twelve
jurymen were present, Mr. George Of Morris
vile, who was detained by sickness. being the
only absentee. It was only expected to try one
jury case, that Of
Mrs Lucinda Perkins Us. John W. west.-This
was an action Of trcspass brought by Mrs. Per-
kins charging the defendent with the making Of
an assault upon her person, on the 10th OF April,
1880, at Eden. The defendant denied the assault,
and claimed that whatever force was used was
only sufficient to overcome the force used by the
plaintiff. The assault In question occurred in a
barn situated on some land to which both parties
claimed ownership and each side urged that the
other was trespassing The plaintiff and her
son on the one SIDE and the defendant on the
other, got to stcuffs, and In the fracas Mrs. Per-
kins claimed to have been struck and bitten by
the defendant. The defendant denied the strik-
ing and biting, and urged his right to be In the
barn, having received deed Of them from the
former owner. The jury found verdict in favor
Of the plaintiff for s35 and costs. Brigham &
Waterman for plaintiff II. r. Start and NJ. o.
Heath for defendent The case goes up on de-
PENDANTS exceptions.
State Us. Tollman. respondent was charged
with committing assault upon one Wakefield,
at wolcott, last April. The evidence upon the
part OF the state tended to show that on the day
in question the said Wakefield was called to the
hotel In Wolcot, as overseer Of the poor, to take
care Of the respondent, who was then almost
without apparel and in a very bad state. Wake
field went to minister to his wants, and taking
him by the arm was about leading him to the rear
part Of the house, in accordance with the respond
ent's request when the respondent suddenly
turned and struck Wakefield severe blow In the
face. The assault was denied, the defense being
insanity, and several witnesses were introduced
to prove that fact The prosecuting officer. Mr..
Parker, was himself satisfied as to this condition.
Verdict, mot guilty, by reason Of insanity"
The respondent will therefore be consigned to the
state asylum, as he was decided to be a dangerous
man to be at large.
| This closed the jury business, and the court
cases were then taken up. The first was an
auditd quereia on petition to set aside the YER
dict Of a justice court upon the ground Of mis-.
take. The justice gave judgment for the defend
ant by reason Of an apparent default Of the plain
tiff, but 1t appeared that an agreement had been
made by counsel to postpone the trial day. Thii
fact was unknown to the justice. Prayer Of the
petitioner granted, and case entered on the
docket II. +. Powell and G. A. Ballard for the
petitioner, N. c. Raymore; Brigham & Water
man for defendant, Andrew Fletcher.
Lucen Scott Us. William Nye An action t.
recover damages for an assault upon plaintiff b,
defendant. The plaintiff stated that on Angus
l4th, last, he resided at Johnson on that even
Il ;,.r ha t, KpiU 10 Go
chases, and while there was kicked by Eye, VIII
also tore out some OF SCOTS beard. The assault
was made in a cowardly manner, as Nye com
mitted 1t from behind, while Scott was carrying
bag Of flour on his shoulder out of the store. Tn
only excuse Nye could offer was that Scott ha'
shot at Nye's dog a week previous. Scott ad
mitted shooting the dog but claimed it had ke,
his (Scotts) cat, and was about to attack hin
(Scott). Judgment for plaintiff for $50 damage
and costs. M. o. Heath for plaintiff Hon. p. X
Gleed for defendant.
The following divorce cases have been hear
with the following results; B. NJ. Hart Us. Am
Hart; bill granted for intolerable severity; par
ties are residents Of Hydepark; c. G. Burke 70
petitioner. Louise LaFower Us. Henry LaFloweI
bill granted for intolerable severity; Brigham an
Waterman for petitioner; custody of minor chill
to the mother. Matte NJ. U.s. William X. Ober
bill granted for intolerable severity; pettione
has custody Of child and resumes her Made
name Of Bundy; P. X. Gleed and c. G. Burke 70
petitioner. Mary NJ. Us. Myron r. Hubbell; bi
granted to the wife upon the ground Of intolera
BILE severity; in this case the husband when tn
evidence was all in, asked for a continuance c
the case, but as 1t was shown that he had ampl
notice. and time to defend, his application wa
refused and bill granted; the parties resided 9
, wolcott; Hendee & Fisk for petitioner, an
Gleed for Myron r. Hubbell.
Court sat until about nine O'Clock Friday ever
ing to close up the court causes, as Judge Power
had to be at Chelsea on Tuesday. On Saturda,
the 4th instant, after attending to the CHANGER
business, court closed for the term.
Mr.. Mcfarland, late principal Of the Hydepar
. academy, was admitted to the bar last week, an
has opened a law office at Hydepark.