Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1882-03-29


objections, and the case will go the su-
preme court. 1t is very doubtful whether
tbe female plaintiff will ever get anything
for her damaged hack bone. Judge f. d.
Rand of Lisbon. n. H., and MIR. 5. G
Shurtleif for the plaintiff; Messrs. Heath d
Carleton for the defendant.
Charles d. Burgin VS.. Gilman |. Jack
son was the last civil case tried by jury.
The plaintiff now lives in East Orange
but in 1875 and 1876 lived on the Cover
nor Paine place in the cast part Of Barre.
The defendant was then constable OF
Barre. In the early part of January,
Carlos D. Cheney, the plaintiffs brother
in-law, in whom was the title to the Gov
ernor Paine farm and all the personal
property thereon, decided everything he
had to the plaintiff, and then left the state
secretly for the west. He was financially
involved, and could not stand the racket
any longer. The creditors were naturally
| indignant at this proceeding, and some OF
them brought suits, got judgments and
sold some of the personal property
amounting in all, perhaps, TO about $500
ON executions.
The defendant was the officer who exc
cuted the judicial processes. The plaintiff
now sues to recover the value of the
property sold upon the grounds, first,
that the transfers to him by Cheney were
bona fde for value, and. second, that the
defendant did not sell the property accord
ing to law, in that he neglected to post q
proper notice OF the sales on execution.
The testimony oil the second point was
conflicting; but the Jury made up their
minds that the sale by Cheney to Burgin
was bogus and for the purpose of cheating
the creditors, and they therefore gave the
defendant the benefit of all doubts in favor
Of the posting. The verdict was for be
defendant. The case was.tried once be-
foye, resulting, on account of a " bull " in
the defendant return as to the posting O.
the notice in the levy of the execution, in
a Judgment for the plaintiff. The defend
ant went to the supreme court with a
petition for n new trial, and got it. Messrs
S. c. Shurlleff and W. A. &c o B. Boyco
for the defendant; Messrs. Heath e Garlic
ton for the plaintiff.
Andrew j. Burnham and wife against
Michael Ryan was begun and settled in q
| few minutes. The case involved the line
I between their lots on Court street, Mont.
pelier, and the line is to be established
Just where Michael always claimed it was
through the middle of the drive way
1t was Chinese gong warfare on the part
of the plaintiffs and their counsel. Messrs
J. o. Livingston and l.. l.. Durant for the
| plaintiffs; Messrs. S. c. Shurteff and c.
II. Pitkn for the defendant.
On Friday afternoon the court took q
recess until Monday afternoon, WHEN the
consideration of the criminal business was
begun. Five of the rum cases" were
disposed of, for the present at least, on q
technically, against Albert c. Dewey
Jesse Cayhue (2), E. S. Whitcomb, A. S
Sparrow. 1t seems that the Justice of the
peace before whom the cases were origi
nally tried, p. II. Huxley used an Ole
blank which described the offences a;
against chapter ninety'four Of the genera
statutes, when in fact the general statute.
were obsolete, and the revised statute.
were in force. Mr.. Pitkin moved to amend
so as to set out the offence as against thu
statutes striking out chapter ninety
four of the general" The court granted
the motion; 10 which ruling the respon
dent excepted, and the question goes t
the supreme court. The other cases 81 Ii,
STILL" awaiting the iudgmentin the Dewey
case.
Thoophle Chanpeau pleaded guilty o
stealing from L. Il. SINNERS store il
Montpelier, and was sentenced to eighteer
months imprisonment in the state prison
Champeau is an incorrigible rascal; bu
this is the first time that he has ever beef
caught and couldn't wiggle our.
State vs.. William Wallace Moves wa.
the only criminal case tried by the ury
On the Esd of May, 1879, the collector q
internal revenue was selling to the publ
what are known as United States four pc
cent. refunding certificates. The regula
tons of the treasury department prescrib
ed that not more than one hundred dollar
worth and interest should be sold to an
one person. The officers Of the Montpelie
National Bank spent the day in procurin,
persons to go up stairs and buy certificate
for them. Amongst others, the respond
ent was given 800 IS by the watchma
of the bank. Andrew Hodgdon. and aske
to go up and buy. He did so, returned t
the sidewalk and refused to deliver tn
J certificates, nor did be ever deliver t
them. lie swears on the stand that hi
refusal at first was in joke; but that after
. wards Hodgdon abused him, SO that b
made up his mind to keep them. The in
dctment is divided into four counts; on
charges him with stealing the money; Ii
4, second with embezzling the money; th
l third with stealing The certificates; and th
5 fourth with embezzlingthe certificates tt
, jury found him guilty of embezzling tn
certificates. The case goes to the Suprem
Court upon the question Of whether Il
D respondent was servant of the bank ;
c the time he committed the act; if he wa
I not then the verdict will be overturned.
q Mr.. c. II. Pitkiu, the states attorne
o prosecutes Messrs. Geo. w. Wing an
. L l.. Durant defend.
REMARKABLE TIMEPIECE.-Mr. S. Ito
ton, Middlebury matchmaker, has r
u Gently constructed Garfield clock. I'll
y machine is Il common cuckoo clock, und,
= which is Il miniature depot. At one wiz
= dow is ticket agent dealing out ticket
while at another telegraph operator
seen busy at his work, and the truckmel
e porters, train patchers, etc. are bu
y Ting around. All of these figures are
Q wood, about two inches long. At the en-
, vi CoNu llOhl Nlib NuShOO uuuOuuCGS u
}, fact, and Immediately Garfield appears @
y he platform on which the scene is enacte
I accompanied by Mr.. Blaine. Guiteau
o seen to follow him, having Just alighte
$ from truck wagon, and as he fires at Il
President the latter falls. Just then
s train of cars comes dashing in. and in, Ii
# confusion all the principal actoro are ca
c ried into the depot out Of signt. After th
s train dispatcher has given the signal an
r the taain has gone, small door at Ii
r left opens and priest appears. book
8 hand. in the act Of reading funeral sci
: vice, while at the same time another doc
ut the right opens and Guiteau appears O
the gallows. The priest retires and shortl
after the gAllows disappears with Guitea
r and the doors clese. This is acted out {
3 the end OF each hour and takes about thre
minutes.