Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1881-10-19
Washington County Court.

ing been finished, the court took a recess until
November %, when the divorce cases and witness
cases in which jury trial has been waived will DO
tried, and the miscellaneous business Of the court
will be disposed Of
On Monday and Saturday the following Grim
nal business was disposed of without trials:
William +. Drew indicted for burglary OF the
house OF George o. Davis, in Marshfeld on the
night Of the Sd Of last May, pleaded guilty and
was sentenced to twelve years in the state prison
William II. Ravey Of Waterbury, for an at
tempt to commit rape while drunk, upon Ellen
Worster twelve years old at Waterbury on the
9Th OF last August pleaded guilty and was sem
fenced to two years in the house OF correction.
The sentence was made light on account Of sew
eral mitigating circumstances.
William Miller Of Montpelier, pleaded guilty to
two first offences against the liquor law and was
fined 500 and costs.
The liquor prosecutions against Fred X. Stevens,
Mark French, Babcock Cutler and Jesse Cayhue,
were mol prosd.
In the liquor case against William Blood Of
Mortified, the bonds, 5000 were called and for
ieted and motion to CHANGER was made. The
same course was taken in the case against will
liam +. Bates Of waitsfeld indicted for burglary.
In the case against Arthur T. Downing, Of
fine Of $50 was imposed and his place was or
dered TO be closed The same disposal made
OF the case Of John L. Evans of Mortified.
The prosecution of William Kelley of Roxbury,
indicted for burning his fathers barn with intent
to defraud the Vermont Mutual Fire Insurance
Company, was dropped on account Of the lack of
proof, and mol pros was entered
The case against William W. Noyes Of Mont
IND; e..
in three per cent certificates was continued on ac-
count Of the necessary absence Of Mr.. !. P. Dana
Of St. Johnsbury, at Rutland, where he's wit
ness before the United States court, In a case of
Illicit dstilling. Mr.. Dana was formerly the
deputy collector Of internal revenue at this place
and delivered the certificates to the respondent
Lucius and Richard Smith of Mortified, in
dicted for assault with intent to kill upon
Hugh Thresher, pleaded guilty Of common
sault and were fined Sl5 and costs and we're given
until the first Of next April to pay the fine
The case of Orlando G. Fassett against the town
Of Roxbury, which trial at the time Of last
weeks issue, was finished and went to the jury
Friday afternoon On Saturday morning they
returned averdict for the plaintiff to recover dam.
| ages of the defendant town to the extent OF
| S1,99617. The case was very ably tried by
and Clarence H. Pitkin on the part of the plain
| tiff, and by Messrs. Charles H. Heath, Zed S.
Stanton and Frank Pumley on the part of the
| town. The facts in the case it turned out from
the testimony were substantially as follows On
the 20lh day Of September, 1880, the plaintiff
Mr.. Fassett, who lives the hill in East War
rem, and his wife started for the Dog River Valley
Fair, at Mortified. They drove first to Roxbury
| vii nd oft a atn at tha ~ NJ
Mr.. E. d. Burnham they proceeded on their way
towards Mortified on the main road. When
near the Latham railroad crossing, about mile
south of Roxbury MI Fassett says he heard
distant whistle, but could see no train either way
| and was in doubt as to which way it was coming
rhe Central Vermont railroad near this place
passes through cut which prevents persons trav-
cling in the road the crossing from hearing
| the approach Of train till it is right upon them
and for the same reason they can not see the
train. After crossing the track the road
south through meadow and there is no railing to
prevent a team from going over the bank into the
field below While Mr.. Fassett and his wife were
discussing the probable whereabouts of the train,
they were fast nearing the crossing, and Just as
they were close to the track where they could see
into the cut, they saw the morning mail train
|
rods away. Thinking he could not turn back,
Mr.. Fassett chose as his safest way to cross, and
touching his horse he crossed the track in front of
the locomotive in safety but he says that after he
had got across the whistle blew, nearer the cross
ing than the warning-post, which so frightened
his horse that he lost control and was pitched
over this bank into the meadow and the next he
knew he was in the house Of Marshall Latham,
| W ha nd frau
takes its name He lay upon a bed and could not
move muscle except to turn his head a little
sidewise, suffering the most intense agony,
even the weight of the sheet upon his hand caus-
ing him to cry out with pain. 1t turned out that
he had been injured in the spine somewhere near
the shoulders, and suffering from the paraly-
sis Of both legs and arms. Mr.. Fassett has now
so far recovered the use of his legs that he can
walk without much diff Guilty and can use his
arms to some extent, but his fingers are so dis
torted and nerveess that he cannot turn the knob
Of a door cut the meat which he eats. He
has greatly improved in the last six months and
will doubtless continue improving somewhat; but
| it will be a long tms before he milk COW or
do any work of any account upon his farm, il he
ever does The defence put Doctor J. II. jackson of
Barre upon the stand, who attempted to convince
the jury that his distorted fingers were caused by
rheumatism, Mr.. Fassett having had rheumatic
fever some twenty odd years ago, and the doctor
argued that his " rheumatic history would suf-
6ciently account for the pains in his arms and
hands and the cramped condition of his fingers.
This finespun theory apparently seemed ridicu-
ous to everybody who heard it except the doc
tor. The main points, however, in the defence
were that the sorrel mare which Mr.. Fassett
drove afraid of the cars, so much so that
it was unsafe to drive her near the railroad
| when trains were constantly passing by, and that
| Mr. Fassett did not take proper precautions to
find out where the train the whistle OF which he
heard, II the defence could have proved that the
| accident was caused In any degree by the negli-
gence of the plaintiff, he could not recover dam
| ages even II the road where he was injured was
| unsafe by reason Of the lack of a imminent
But not much time was spent in proving the con-
dition, as the jury had seen it for themselves In
regard to the steadness OF the horse the plaintiff
| proved by some of the most reliable men In War
| rem, who had driven the mare or seen her driven,
that she was perfectly safe and trusty beast
| with no tricks. Two ministers also testified to
| her good character-one the Rev. j. W. Bur-
| gin, now Of Starksboro but formerly of Warren,
| of whom Mr.. Fassett obtained her; and the other
was Rev. j. b. Whitney, who had driven the.mare
| on a long journey in the south part of the state
and along the railroad the cars. The defence
could not get around all this testimony although
they put in some pretty strong evidence In regard
| to the antics the mare had displayed at various
| times in Roxbury. The number Of witnesses was
| ACKNOWLEDGEMENTS on each side. This case
differed from most long cases that have been
| tried here in respect to the good standing and
| reliability Of the witnesses on both sides Some