Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1882-04-12

court should have set the embezzlement act as re-
quired by the common law; WHILE II founded
upon section twenty, IL should have set ont In
terms that the respondent was not an apprentice,
and was not under the age Of sixteen. The court
overruled the motion, after argument by Mr.
Pitkin for the state and by Mr.. Wing for the re-
spondent; exceptions were taken, and the case
will go TO the supreme court upon this and other
questions.
H. W. Worthen and wife OF Barre against Ran
som Dickey and others of Orange, which was
tried at the September term 1870 Of this court
and resulted in verdict Of S1,1OO for the plain
tiffs, has been sent back for a new trial by the
supreme court upon a question never before
raised. Section 10 OF chapter 80 OF the General
Statutes provides: In actions Of assumpsit, debt
in simple contract and trespass on the case nclud
ing trover. II the defendant pleads the general
issue, but relies on special matter OF defence as
payment, release, accord and satisfaction a
judgment recovered for the same cause, or other
matter operating to extinguish the right of action
which once existed, he shall file with such plea,
within the time allowed by the practice Of the
court for filing special pleas, notice in writing
specifying the intended matter Of defence under
such plea" This case was an action to recover
run tno ponubtHeH Oh tne lhtnef Vi Jne IeUlHle
plaintiff the amount OF legacy for the care
given her father. Oren Eastman was her guar
dian. The defendants pleaded only the general
issue. During the trial they offered testimony
tending to prove that they had made partial pay
ment Of the debt. 1t was objected to upon the
ground that no notice Of special matter in defence
had been filed, as required by the above quoted
statute. Judge Redfed sustained the objection.
The supreme court say that that statute applies
to total payments which extinguish the debt, and
that evidence Of partial payment may go in under
the general issue. This is new law and Is a good
deal criticised by the bar. Messrs. S. c. Shurt-
left and j. A. Wing for the plaintiffs; Messrs. A.
NJ. Dickey and G. II. Ptkin for the defendants.
Observation-Disclosures services were inaugurated
by service on Friday at the Methodist church
and an Faster sermon Sunday morning followed
by Sabbath-school concert Sunday afternoon. 1t
was good In all respects and was very enjoyable
occasion. Although the going was anything but
good the house full at both services, and the
Sabbath-schoo numbered one hundred twelve
working members. The singing was very good
under the leadership OF Q. L. Shepard with Miss
Nellie Packer at the organ and Ira A. Edison with
| the clarinet. Easter was closed with song SER
| vice in the evening commemorative Of the COM
| ing of Christ, which was well attended. There
was no service at the Universalist church, which
increased the number present. We notice our
village cemetery is looking rather badly after the
winter especially many graves on the public lots.
1t is hoped there will be a grand turnout as soon
as the ground will permit the headstones be
righted, the sunken graves filled and the general
| - tl,o al.
committee OF the cemetery association whose duty
it is to attend to this matter and we hope it will
| be done. Let them issue an invitation to all who
are interested and enough will respond so 1t can
be fixed in one day and no one be the poorer. The
| appearance from the Cabot road is not what II
should be. Orson Smith had an apopectic fiji
| last week Monday and was very low for several
| days, but is better now. He is at his fathers.
| Albert Z. Lamberton was threatened severely
with fever last week, but was out to church
Sunday, well again, Horace ii. Meader i,
back in the hotel again but not quite ready fol
busness-will get ready this week. Burt Wells
moved out last week, going to Planfeld. :. Henry
Smith lost a valuable cow Saturday night She
was well when he MIXED her at night and ate
we'll but was found dead Sunday morning. -.
Our town superintendent, Miss Carrie Packer
teaches the high school in Cabot this summer
Miss Clara Wooster, niece Of the committee
teaches the higher school in our village and Mis-,
Olive Severance the lower. Miss Wooster is al
experienced teacher and has been a successful
one and 1t is hoped that her endeavors will NEE
with better success than has been noticed the pas
year. Miss Severance has had no experience a
teaching and it may be question whether thu
committee has not made mistake in engaging
her services but il Olive has the rim that charac
terzed her Oldest sister as teacher, she vii
succeed. At all events it is hoped the schools will
be better than they were the past year-they car
not be worse than some were.....M. d. Bem
has advertised his tub factory for sale-a chanc,
for wide-awake cooper.