Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1882-10-13

non. @.
Windham County Court.
The case of Edwin D. Harris vs. Town Of
Townshend, an action for injury sustained to
plaintiffs freight wagon in which the main
issue of fact was as TO plaintiffs carelessness
resulted in verdict for the plaintiff to recov-
er S52.52.
Fred @. Rand vs.. Samuel Stiles, apt.-An
action of assumpsit with special count Plain
tiff claimed to recover for the non-delvery Of
G000 feet of spruce boards, according to CON
tract, and his evidence tended to show that
the boards delivered were not such as called
for by the contract in quality or quantity
Plaintiff put in evidence promssory note,
signed by himself, which he claimed he had
given for the boards, and had paid and taken
up. Defendant denied the entire claim of
plaintiff, and gave evidence to show that he
never owned or held the note put in evidence
by the plaintiff that good floor boards were
worth Sll or $l2 per thousand, and good
spruce lumber, such as defendant sold, worth
So per thousand. Verdict for plaintiff to re-
cover one cent damages.
In the cases OF Mary NJ. Good VS.. Chas. w.
Towns and Chas. Sullivan, and Mary E. Good,
by next friend, VS.. same, jury was empan-
eued, and by arrangement of counsel an
agreed statement of facts, offered to be shown
in evidence by the plaintiffs, read. The court
ruled pro .tornld, that the plaintiffs were not
entitled to recover and directed verdicts for
the defendants, and the cases were passed to
the supreme court upon exceptions by plain
tiffs.
The next case aud last jury case of the
term was Francis T.. Phelps, duputy sheriff
of Grafton, against Willard L. White 1t ap-
peared in evidence that in 1866 defendant
White signed note in favor of the Bellows
Falls Savings institution secured by mortgage
upon the farm of Charles L. Ross in Grafton.
In 1878 Ross determined to reside West, and
to adjust matters with the bank, arranged
with White to stand between Il lss and the
bank, and upon condition of the mortgage
being reduced to 81, 900. to take the man
agement of the farm aud farming tools, pay
taxes, insurance, etc, collect the rent accru-
ing under a lease of the farm TO Watrous,
pay the rent to the bank, and upon expiration
of lease to still have control of farm, with
right to sell or bargain it, and account to
Ross if the defendant received more than
enough to indemnify him on bank note and
for what he might pay out, beside a reasona-
BILE amount for his own services. Defendant
entered into occupancy Of farm after expira-
ton of lease. The hay was cut aud put in
the barn upon the premises. An amount Of
hay was attached by Plaintiff Phelps, as dep
uty sheriff in favor of W. g. Wyman, cred
itor of Ross, and having been afterwards re-
moved by defendant, this suit was brought to
recover for the alleged trespass. Verdict for
the defendant.
The criminal docket embraced the follow
ing liquor cases
Alfred Worden- Plea. guilty of planufac-
turing liquor; fine 800 and costs paid. Ad-
olson r. Baker-Plea, guilty of five ofenses !;
fine, $50 and costs paid. Frank f. Reed
Bail ordered in $500; forfeited l. N Thorn
Bail $500; forfeited. Henry c.. Willard
Bail SIOO forfeited James s. Prouty-Pl,a,
guilty of Il offenses; fine $50; paid E1-
son +. Dewey-Bai $500; forfeited Henry
H. Davis-Bail 400; paid. Charles G. Mil
ler-Plea, guilty of five ofenses $50 and
costs paid. Austin N. Kiugsley-Plea gull
ty of ten offenses; $500 and costs and one
month IN house OF correction. Joseph Willis
Plea guilty OF manufacturing liquor; 500
and costs paid. Henry Merrill-Plea, guilty
of one ofense; $40 aud costs; paid. Dan
lei Fnn-Plea, guilty of one olfense SO
and costs. Elery Wood-Plea, guilty of s
first oGenses; $50 and COSTS paid.
Fred @. Streeter, for resisting officer, etc,
plead guilty fined S25 aud costs, with alter
nate sentence to house of correction. James
Manning for resisting officer, plead guilty
and was sentenced to six months in the house
of correction. William Stevens plead guilty
of breach of the peace; sentence, three
months in the house of correction. Jules w.
Bliss, for larceny. Bonds called aud forfeit
ed Fred Wilder for larceny Bonds for
feited.
The following divorce cases were granted :
For adultery-Geo. Z. Rudd VS.. Emma L.
Rudd Sidney Rich vs. Mary NJ Rich For
wilful desertion-Sarah r. Hart vs. Jacob
Hart Francea Carey VS.. Eben A. Carey.
For intolerable severity-Charotte e. Reed
vs. Edward l.. Reed Henrietta E. Gowen Vs.
Frank L. Gowen.
At the closing session, Thursday evening"
resolutions of respect for the late @. N. Dav-
export were offered by Hon. Z. L. Waterman
and appropriate remarks we're made by Hon.
r. w. Clarke Hon. G. b. Eddy, Hon. j. NJ
Tyler, States Attorney Reed, NJ. Davidson
and Judge Rowell.
The court completed its business last even
ing and adjourned after a session of four
weeks.