Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1881-10-19
Washington County Court.

Burnham, went on the main road to North
held. This road, about a mile from Rox
bury, crosses the Central Vermont railroad
track at what is called Latham's crossing
which takes its name from Marshall Lath
am, who resides near by. Not far from
this crossing the railroad track passe,
through Il cut, and bluff shuts out the
sight of the track from the highway, ex.
cept for short distance, and for the same
reason it is difficult to hear the approach
of Il train or the whistle of the locomo-
tive.
When Mr.. Fassett and his wife had
arrived near this point The distant whistle
of train was heard, but they were in
doubt from which direction it came.
While he and his wife were discussing this,
they arrived close to the track and saw
the morning mail train from the north
bearing down upon them but few rods
away. Mr.. Fassett thought his safest
course was to cross the track, and accord
ingly he touched up his horse and crossed
he track in safety. But he claims that
the whistle was blown just after hN cross
ed the track and nearer than the warning
post This so frightened his horse that he
became unmanageable. and in turning the
curve which the road makes at that place,
the horse ran of the bank and pitched him
and his wagon into the meadow, and that
is the last that he remembers till he found
himself upon bed in the house of Mar
shall Latham, unable to move hand or foot,
and suffering the most excrucating pain,
the slightest touch causing him to cry out
in agony. 1t turned out that he had re-
ceived II conclusion of the spine near the
shoulders, and was suffering from paral-
ysis of his arms and legs.
Mr. Fasselt has recovered the use of
his legs to considerable extent, but his
fingers are so drawn out of shape and
there is so little strength in his hands that
he is unable to cut his food or to dress
himself. The suit was brought on the
ground that the town was negligent in not
keeping raili1g around the curve to
keep teams from going off the track.
The towns defense was contributory
negligence. They attempted to show that
Mr. Fassett was not prudent in crossing
the track as he did. and that he did not
use proper precaution to discover the
approach of the train; also that the horse
the plaintiff drove was afraid of the cars
and not safe animal to drive near the
railroad where trains were constantly
passing to and fro. But the plaintiff pro-
duced so many reliable witnesses who had
owned the horse or driven it, or seen it
driven, that the character of the horse was
not impeached, and its standing in the
community is fully on u par with that of
o her horses.
Some maps and photographs of places
in the vicinity of The accident were put
into the case, but not much time was
taken up by testimony in regard to them,
Tor the jury had been and looked the
ground over on the second day of the
trial. There were forty witnesses on
both sides equally divided, and what is
unusual in such cases, they were all intel
ligent, reliable witnesses, comprising some
of the best citizens in Warren and Rox-
bury, and few from Mortified. The
case was ably conducted and argued on
both sides. Messrs. w. p. Dillingham;. j.
H. Senter and G. II. Pitkin for the plain
tiff; Messrs G. Ii. Heath, Zed S. Stanton
and Frank Plumley for the town. Mrs.
Fassett by one of those lucky chances
escaped from the accident unframed.
Some exceptions were taken, the most
important OF which was in regard to the
detiniteness of the notice describing the
place of the accident. The defense con-
tended that it was not specific enough, but
the court held that it was good.
State of Vermont VS. Elkanah S. Whit
comb This was Il liquor suit in which
the states attorney by an information
charged the respondent with keeping a
common nuisance The respondent lives
in Montpelier and has his place of bust
ness IN Bruce's block, on South Main
street, in this village. The witnesses on
he part of the state were Sheriff futile,
Policemen Ordway, Keegan and Demerlt,
who mace seizure at his place of bust
ness on the l7,h of September last, and
testified to finding liquor, lager beer and
the appliances of bar. Messrs. Frank
Newcomb and Enoch d. Putnam testified
to its being place of common resort.
The respondent did not appear pei sonal-
ly, Icing absent in Connecticut, but was
represented by his counsel, Mr., George w.
Wing, who summoned no witnesses in
defense, but raised some legal questions
for the supreme court to decide. The jury
returned verdict of guilty, and the
execution Ol StultHCe WIS SuayCu VII ouOi
decision had been made.
State of Vermont VS.. Thos. j. Murphy.
This case was about the same in all par
ticuars rs Whtcomb's. The respondent
has his place of business in the same block
and next door to Whitcomb, and the pc
liceman in the other case and Messrs.
NewGomb and Putnam Were called in be-
half of the state. Mr. George w. Wing
for the respondent called no witnesses in
defense, but raised the same legal ques
tiOns as before, and in addition moved to
have the information abated, on the
ground of misnomer, the name in the
information being Thos. j., whereas it
turned out that the respondents name WAS
Timothy J, The jury found a verdict OF
guilty, and the same disposal was made
of 1t as in Whitcomb's case.
Saturday and Monday the following
criminal business was disposed of without
trials:
William F. Drew. indicted for burglary
of the house of G. o. Davis of Marshtield
pleaded guilty and was sentenced to twelve
wears at hard labor in the state prison al
Windsor.
William Y Ravey of Waterbury, in
dicted for an assault with intent TO commit
rape on Ellen Wooster of Waterbury
while he was drunk, pleaded guilty, anc
received his sentence of two years in the
house of correction. The court was some
what lenient on account of mitigating
| circumstances.
The liquor prosecutions against Mark
French, Fred r. Stevens, Babcock & Cut
Ter and Jesse Cayhue were mol proS'd.
William Miller of Montpelier pleaded
guilty of two first offenses against the
liquor law. and was fined twenty dollars
and costs.
Arthur f. Downing and John E. Evans
both of Northfield, on information flee
against them for keeping a common
nuisance, pleaded guilty, and were eacf
sentenced to pay fine of twenty dollars
and close their places of business.
In the liquor case against William Blood
of Northfeld, the bonds, two hundred
dollars, were called and forfeited, and t
motion to CHANGER was made. The same
disposal was made of the case of Wilbur
+. Bates of Waitsfield. indicted for bur-