Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1881-09-16
WTNDHAM COUNTY COURT.

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WTNDHAM COUNTY COURT.
The September term of the county court
commenced on Tuesday OF this week. The
court is held by Hon. Russell b. Taft, presid-
ing Judge Hon. Hosea b. Ballou, Hon. A. A.
Wyman, assistant judges. Tuesday morning
all the jurors summoned under the new law
answered TO their names, with the exception
OF four and it appeared by the excuses made
in their behalf, and accepted by the court,
that all had received notice. The court brief
ly instructed the grand jury in reference TO
their duties, and also the petit jurors in ref
erence to the obligations aud duties imposed
by their oath. About forty-fve new cases
were entered in court.
The first case upon the jury list was that
of Jacob Estey Cd ais. Us Riley Burdett. The
counsel for defendant filed motion to have
the cause removed 10 the district court, and
1t now stands for hearing upon this motion.
The next case was that Of Jacob Estey ct
ais. US Chas. b. Stoughton and s. NJ. Waite.
Counsel for Defendant Stoughton. and E. L.
Waterman, one OF the assignees of Waite's
estate, insisted that this cause should be CON
tinued. 1t appeared that Stoughton's counsel
had been unable to communicate with him,
Stoughton having been absent from home sew
Cruz NtShbt anu hO pIOpdEhtlOu AOI buc hihi
of the case having been made by defendants,
| the case was continued.
Motion for q continuance was also made in
| the next case-that of Lucius l.. Wiley Us.
Silas NJ. Waite, to recover for lost bonds claim
ed to have been converted by defendant TO his
own use at the time OF the so-cslled robbery.
The court upon hearing refused the motion,
but directed the case to be put at the end of
| the civil docket.
A s,,r, 81 L., he If
Gershom Taylor 81 ais, Adm'rs, Us. Barnet
s. Waite. This case was entered in court at
the September term, 1876. trial was COM
menced at the September Term 1873, and at
the close of the plaintiffs evidence, the court
directed the jury to return a verdict for de-
PENDANT. Exceptions were taken to this rul-
| ing, and the cause carried TO the supreme
court. Upon hearing, the judgment of the
county court was reversed, and the case re-
manded TO county court for trial. At the Sep
tomber term, 1880, the case was fully tried,
but the jury failed to agree. The case has
been heretofore fully reported in The PHD-
| NIX. Its main points are as follows
The action Is trepass and trover to for four
horses, &c spruce logs and 900 chair posts It APP
peared in evidence that for some time previous to
Dec. II, 1851 Austin p. Graham and had been
tensively engaged in the lumber business and in the
manufacture OF chair stock at winhRl That he had
become largely indebted to the West River bank at
Jamaica, aud also to Seth Taylor, Jr., aud Billings
Taylor OF wnhAll, who were also bound for the said
Graham other obligations. That the bank aud said
Tayors Dec IL 1861, sued out writs against said
| Graham, returnable to the June term, 1892 Of the
Bennington county court, which were placed in the
hands of proper oicer for service. That said Ora
| ham, with the TAyors, met on the same day at the
ofice Of Butler Wheeler in Jamaica, who were the
PLAINTIFF attorneys and said Graham to save further
costs, confessed Judgment before E. g. Pierce jus
tice Of the peace on each Of sad that IN IA
TAyors for A,6l96l and costs. That executions were
issued on the same day, and placed in The hands OF
| VIM. X. Carr deputy sheriff, to serve and return
Grahams property at this time consisted Of real
tate, horses, teams lumber and char-stock in all the
stages Of manufacture. That Graham was DESTROYS
Of continuing in business and paying on said indebt-
edness, and the bank and TAyors also DESTROYS
that he should. whefeupon 1t was arranged that Ora
ham should convey certain real estate to the TAylors
which be did on that dAy-and also that the Taylors
would bid on the personal estate when sold, II 1t
went low, retainining the title In themseyes and al
low the said Graham the custody and of 1t, he at
all times to keep the property good, and from the
avAs Of said property and the profits Of the business
pay up the JUDGMENT Of the bank and the Taylors
| and when this should be done, then Graham should
have the property re-conyeyed and re-delivered TO
him as his own. The property sold by Sheriff
Carr said executions, and was bid on by said Tay
Tors and held by them ever after they surrenderng
with his business and pay up the bank Thereby
ieying the Taylors from paying said Judgment deb,
aud afterwards pay them. II appeared that Graham
had paid all OF the bank Judgment but about $500, but
that no part OF the Taylor judgment has ever been
the Taylors estate for other moneys by them
to said Graham to enable him the advantageous
ly TO prosecute his said business. Billings Taylor died
| in 1868 and Seth Taylor in 1869. The property in
controversy was attached by defendant as deputy
sheriff on writ in favor OF David Arnold against
Austin p Graham, in 1876 after the appointment Of
plaintiffs administrators of the Taylors estate. The
defendant justified under his process. 1t appeared
that OF the original property attached aud sold
by Car and bid Oh by the Tayors attached by de
PENDANT, and that none Of 1t was in existence at the
| time il having been used up and worn out, aud other
property acquired by said Graham being held in its
| place. Defendant contended that the sale made by
sheriff Carr under the arrangement shown by the
proofs to have been made, not sush an "ofhciAl
sale as would protect the property from attachment
at the instance OF other creditors OF said Graham he
(GrHhAm) retaining all the while the equitable interest
aud beneficial of the same, with the full and
disputed control OF the whole property and that the
sale to the Taylors, we'll the claim upon which
judgment confessed, all fraudulent and done
for the purpose Of securing GrAhams property from
/ his creditors.
The plaintiffs rested their case Wednesday
night. After due consideration of the matter,
the court ordered a verdict for defendant at
the opening of the court on Thursday morn
ing.
Waterman and @. B. Eddy for plaintiffs !;
J. L. Martin and Davenport Eddy for de-
PENDANT
jury was empanelled in the case of Z.
Hart Wilcox and Wife Us. Halifax, Wednesday
morning, and the jury went to Halifax on that
day TO view the place where the accident hap
pened, returning to Newfane Thursday morn
ing, when the case was taken up by the court
and is now in progress.