Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1882-02-20
Barnet.
ORLEANS COUNTY COURT.

Court convened Monday morning
agreeably to adjournment, at ten
o'clock, but the only business done
before noon was to select jury for
the trial of Newton Boutwell, as. S.
S. Wiswell, when a recess was taken
until two o'clock. After dinner the
above-named suit was commenced.
The wife of the deft held mortgage
on the farm of the plff. Boutwell, for
$4,000, but the deft. was joined in
the mortgage and also in the decree
which became absolute Oct. /. 1880.
The deft., by j. p. Lamson as agent,
bought a large amount of hay of plff.
which deft. claimed was to apply i'll
partial payment of the mortgage debt,
provided the mortgage was redeemed,
otherwise not. Boutwell, claimed
that the purchase of the hay was
cash transaction, and in accordance
with this view brought suit to recover
the price of the hay. Wiswell claim
ed that he had nothing whatever to
do with his wife's property except to
do business for her as her agent, and
that such was his position in all his
transactions with Boutwell,. 1t was
also claimed by deft. that Lamson
acted for Mrs. Wiswell in all his
transactions with plff., and in the
matter of foreclosure. But it was
questioned whether Lamson had au-
thority for doing as he did in some
matters. Deft. claimed that as he
(WiswelD was simply an agent in
the purchase of the hay, he could not
be held for the amount thereof. The
value Of the hay was something like
$500. Deft. had paid taxes and in
surance on the property for 1880, and
the amount so paid, with interest
thereon, was deducted from the value
of the hay, and verdict rendered
for the plaintiff to recover S3SS.37.
Exceptions by deft. and cause passed
to supreme court. A great many
witnesses testified as to the value of
the mortgaged premises, the witness
es for plff. putting a high price upon
the property, and those for the de-
Tense rating it low. The estimates
varied from $4,000 to $4,000. Crane
& Alfred, Grout & Miles and Rand
for plff. j. P. Lamson and Thomp-
son for deft.
The above was the last civil cause
tried this term, and was given to the
jury about four o'clock Wednesday
afternoon. Another jury was drawn,
and the trial of the Langmaids for
arson was begun. A barn belonging
to Hubbard Joslyn of Charleston, sit
uated in Bloomington, was burned on
the evening of July 30, 1881, and the
respondents, who were living on the
premises, were arrested for burning
said barn, and have been in jail since
the 18th day Of August last. The
forenoon of Thursday was spent in
examining witnesses for the state.
but there was not particle of evil
dence tending to show the respond
ents guilty of the crime charged
them, and soon after coming in in the
afternoon, the court ordered a verdict
of mot guilty as to c. p. Langmaid.
the father, and the jury without leav-
ing their seats returned similar YER
dict as to George and Riley Lang
maid. the sons of G.. p. Langmaid
and they were all discharged from
custody.
The calling of the docket>was then
proceeded with, until just before adj
journment, when Col. n. I. Sheafe
chairman of the committee for that
purpose, presented resolutions rela.
tive to the death of Hon. /. n. Cush.
man, which were unanimously adopt
ed by the members of the bar there
present. Fitting remarks were made
by Judge Redfeld.
Friday morning the remainder Of
) the docket was called. There arr
: thirty-four new law entries, of whicl
: four, three liquor and one divorc,