The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1883-06-14


ros rma xoHTR
idsasxr. Erp a1sr. IN y. Erl
i0s2 /. y iron Troy sS0r. n--Nired.
Cssssy Cesvt
yHns Tern 1883
IIoa. W. q. yHasxy cAlst gndse
n ,iss, e,.. s'l H.iI Assesisas iadst'.
Joss V. HA1s.. clsrt
J.E Fsss. STATES Attorney.
Joss Rcsixsos. SHERIFF.
J. G. L<sisa Aa.g@ss ~. n J. H,gsggssl
A. is.lnslea In ths Isss JocaAAL this VA
nsss bsoaghi by The assignee oi b. A
sawyer ,nsolvsBi debtor. 10 recover bach
aos~y paid by him 10 N. J. HspgooS
iast pssvicas 10 his being thrown int
insoivescy By The other erediiors, In fraud
u the Insolvency lav. The money rcall,
belonged 10 Charlotte A. Hspgcod. sisiel
Of the defendant, aud be acted Is bel
Ageni There vss no dispute ~ 10 Tbs
fact Of The isBoisency o. Sawyer a. tbs
time Of tbs payment and The only question,
leit 10 the Jury we're: Did Sawyer make The
payment Nth the intsst 70 prefer and did
Hspsood believe or have reason 10 believe
that sawyer Il the time Of payment VAS
moi sbls 70 psy bis debts 10 foil. On these
too points The evidence vas somewhat
conflicting. but the jury thought the bal.
snce va in favor Of the plaintiff and
brought In . verdict for the amount
claimed. nearly $500 The case goes to
the Sapreme court In the question wheth-
~ Hspgood - agent can be held in this
suls and also on some questions OF Admis-
sion Of evidence. Munson and J. O. Mar.
Tin for plaintiff. Baichelder and J. Il Mar
tin for jsfssdent
L. w. Lsse ~ W. y. Lcomis Aa This
vss On action 10 recover . balance for
wages claimed 70 b. duo. Tho plaintiff
had worked for the defendant. Int left
before The time Tor which he had engaged
10 work had expired. The defendant
claimed that by thus leaving he had
broken his contract and TO the damage Of
the defendant aud consequently nothing
vas due the plaintiff. The latter claimed
that he had Just cause for leaving. which
the defendant denies. II Was upon this
point that tbs case turned. The jury
found there Vas due the plaintiff about
twenty dollars and gave verdict that he
recover that amount aud costs
The Grand jury completed their labors
Friday. having found seven true bills aud
reported seven not found. small number
Tor this county. Edwin Whitton, indict.
Cd Tor incest uas surrendered by his bail
and 10 default Of security TO the amount
Of $500 vas remanded 70 the custody OF
sheriff. II IL understood that he will be
tried this term.
Saturday morning vas occupied in cal
ling the new docket and hearing motions
aud II noon the court took recess until
Monday 81 Or. NJ. when the case Of State
vs. Troy Boston r. Il Was set for hear
ing before Judge Powers, Judge yeszey
going 70 Middlebury 70 hold 10 exchange
with Judge Powers. being disqualified as
70 the railroad case, having been employed
~ counsel.
Court vas not 10 session Monday after.
noon - Judge Powers was unable 10 get
10 Manchester until evening.
Tuesday morning the court opened Hon.
H. Henry Powers presiding. and the case
Of State " Troy Boston Il. II. Co. came
on for trial.
This IL on On indictment found by the
Grand jury Of Bennington county in the
year 1879. The States evidence tended
TO show that at the time Of the building Of
ths Southern W II. r. through Pow
nal In 1857 or 80 the II. II. company
built about forty rods Of road at the Gil.
moro crossing in public highway. OBJ
stsuct,ng and making the same dangerous
and also after defendant X. II. Co. came
into possession Of said H. Il. under =
lease from the Southern Vermont Go.
that they In repairing said road 10 1876 or
~ still further incrosched on said highway
making the same still more dangerous,
nd that this condition Of affairs contin-
ued until the finding Of the indictment
Tho defence IL denial OF any liability
Tor The building o. said X II. and furth.
CT denial that on the Troy A Boston H. X. |
III repairing said road 10 1876 or n furth. |
er incroached on said highway. The
Court in charging the jury eliminated
from the case all evidence In regard TO the
Of The X. H. road by the South.
crn W Co. holding defendant Il. Il. not
liable for the cause. Verdict Of Guilty
and hns OF 500 States Atty. Fem,
J. l.. Martin aud A. r. Walker for State,
}. X Batchelder, L. Sibley and Henry W.
Peck Of Troy for respondent