Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1881-05-11
Lamoille County Court.

cred the opening prayer followed by Mr.. Ray
more's "oyez," ETC. The petit jurors were then |
called and answered to their names as under |
Oscar Wanyer Belyidere; George W. Holmes, |
S. W. Holiness L. " Smile, and Sheldon STRAIT |
ton, Cambridge; Henry Adams and James +. |
Warren, Eden Noah Hall and II. II. Silloway, |
Emore Russell G. Monson Y. g. Sherwin, Abial |
r. Terrill and G. b. Wilcox, Hydeparkj H. i. |
Boyce, Phineas ID. Kinds, o. s. Lewis, and Nor |
man Waterman, johnson; ]. A. George, Harvey |
Hill, II. A. slayton, W. II. Stone. and Jesse
Thompson, Morristown; Isaac Ager Albert Che |
ney, George McAllister Alison S. Moody, and |
Fred M. Sears, Stowe; John McMannimon and |
James B. Wilbur, Waterville; II. G. Baldwin. s. |
W. scribner, and Edison slayton, wolcott,
On reading the docket there appeared to be
some seven or eight cases for trial. The first OF
these actually tried was v W. Waterman u.s.
Town Of Elmore. In the trial Of this case Judge
Ross presided, Judge Powers being disqualified
by virtue OF relationship to the plaintiff. This
was action on the case TO recover damages for
injuries sustained by valuable horse belonging
to plaintiff by reason of defective highway in
the defendant town The evidence OF the plain
tiff went to prove that the plaintiffs son was
driving the said horse, the 18th Of April, 1879,
from Morristown to Elmore; that when at point
between the Merriam and Shaw places, so called,
the horse stepped into hole, breaking Its of fore
leg Just below the knee. The defendant claimed
the notice to the town was insufficient because 1t
did not clearly set forth the place at which, nor
the way the plaintiff s horse was so injured. De-
PENDANTS witnesses also testified to the good con-
dition OF the road at the point complained Of
shortly before the happening Of the accident, and
it was therefore claimed that the town authorities
had not had time to know Of any defect when the
alleged injury was received Verdict for defen-
dant Exceptions by plaintiff. Messrs. Brigham
Waterman, and p. X. Gleed, for plaintiff
Messrs. Hendee g. Fisk, and X. +. Parker, for de-
PENDANT.
The next case set for trial was b. T. Green U.s.
+. v. Randall, but this being settled the court
took up the case Of S. M. Pennock Us. Nelson
Styles In this case Judge Powers presided, and
continued to do so through the term This was
an action in which plaintiff sought to recover
damages for fraud in the sale Of some hops. The
testimony of plaintiff was In effect that, in 1879,
one James Bacon, acting as agent for said plain
| tiff, negotiated with the defendant to purchase
| some hops. Defendant showed Bacon some
| baled hops which he (defendant) claimed were Of
the growth of 1873, and some hops INHALED,
which he claimed were of 1879 growth. On the
| strength Of the warrant given by defendant in
| cordance with above facts, in connection with
| the samples exhibited, Bacon ordered large
quantity of said hops to be delivered at the depot
| in Morrisve on the 4th of November, 1879.
Upon that date the said hops were so delivered
| and transported to their destination. On exam
| nation 1t was discovered that they were 1877
and 1873 hops respectively, instead Of 1873 and
| 1879. The main question in the case was whether
or not the trade between Bacon and defendant
amounted, in law, to a warranty by the latter,
and under the instructions of the court as to what
would constitute warranty, the jury found in
favor Of plaintiff and returned verdict for
$685. 10, Colonel L. b. Sawyer and p. X. Gleed
for plaintiff, Brigham & Waterman for defend
ant In this case "Brig" spread himself, and
made most thoroughly logical argument. He
surpassed himself. After the conclusion Of this
case the new entry docket was called. 1t con-
tains thirty entries.
The state cases were then assigned for trial,
to commence Tuesday, the I'd instant. They con-
sisted OF State Us. Moses f. Smith, manslaughter
and abortion State u.s. Isaac Cowan, larceny;
State rs. Burt Marston, forgery. A jury was
then called in II. d. w. Doty, administrator,
u.s. John Hubbard.
| Doty Us. Barnes. This action Of eject
ment. In January, 1880, an old lady residing at
Centerville, Hydepark was possessed Of small
house and piece of land upon which she lived.
She had taken the defendant, John Hubbard, and
wife, to live with her, that they might minister
unto her wants. Their remuneration for this SER
vice was the use OF half the place. On the I'd Of
January, 1851 deed was gwen Oh the premises
IN question from MRS Barnes 70 Mr. ana Mrs
huooaru' ihe pliin'ii proveu MS ut'e IN mrs.
-, A., -, -, -
| 80 -. 49, ~, 80. ~,
| - ,I..y,s -, - n D.. ..,
| -. 49,, - -. e.. 1T. ~.
| - =, -, :, :
| - ~ A.. ,ea..., a.. 49, .,o.,,. -. -. ~
'A' - '"0 ~ '
49, - - -
$50, o. a. - 80 -
49, 49, ,.,rss,,so. ~. ,s.,' ~ =,
- 49, ~. AZ ~, v
nss ~, 49,, :, ,as,,s . ~ - u us :"
1,o.,,o. IN .,,.s 49,. ., -. -,
-, ,imo,,... a -
,n;,, "a,d,ot tor ,ha d.,anao,. 90 .onaa' ,,'a
,os,a ~. p-,,.na : W".a. 49,
.,g'p y CO.. ,.e ..,a,s.., f'
| Iaat ctxtiI aud or,,. ,;,,a1
doo,,o, roa ,,a, ,rooo.aos ,',,,, .ho ,,o., $500.
,.s. =, ,,'a.o ~ ~ au,., ,a ..,aa a., -,
,ras s,ata rs Me-. II Sn,,tn TIT 80,
vos oharaod ,,i,h oar.in tha d..tt =, NJ v,o.o
uoa.h n, Iohnsor In No. 1as,. ,ha ;ra,a.,ao,,
,ras h,oaa anonah In -. 800 90 oa,aS ..,o.,
s,a,.h,ar - .ha sa,,o-a, a,o,u,a -. ,,,,h H.
A.. - 'I..-,, -. TN 80 ~.
Noh W procuring "ooi''o'' ine case was co"-
menced last wednesday, and Judging by the ar
| raw of medical experts promised to be an expen-
| svo ,r,o1 Tho rrosoor,ion nroooadod ii,,Ia
''' ""' "o p'o.'e" "''io
way, showing that the deceased girl mad been at
DR.. Smiths house, as hired girl, that after being
| tbere about two Months sbe was taLen sicL and
on MONDAY, the loth OF May she went home To
| her mothers in Johnson, on the 18th she died,
and DR.. George Woodward who attended her the
| los, aa,, - 10. ,,,o a.or;,oa ,ho -. - 10
.a'' "ay VI hoi mo as0''oeu 'no oAuse Vi nei
death to acute peritonitis' The subsequent post
| heen tamnered with nv soma ono To nronar,v
| ~ -, - p''pe'iy
connect DE- Sihith Win this' ana NIX the crime
| upon him the state had to rely upon the state
| ments of the girl to her mother. made the dav
.ba d;od Tbasa s,o,amor,s ,,,o,a roro, H., a..
quo ','u in''o sS"''nonse "eie '"eied ny 'he
| state but upOn the testimony Judge pOwera WAS