The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1883-12-12
Lamoille County Court.

The December term OF this court convened
on Tuesday Of last week. Hon. ii. Henry Pow
ers, presiding, assisted by Judges Reuben A.
Savage aud Horace Waite. The bar OF the
county were largely in attendance, and other
counties were represented. Among the "for-
eigDers" present were Hon. II r. Stuart, II.
A. Burte, Esq., Hon. George A. Ballard and W.
D. Stewart, Esq.. Of Franklin county; J. c.
Burke, G. Fl. Simpson and Nelson Rand, Esq,
OF Orleans county. The forenoon of the first
day was taken up with the usual formalities Of
an opening day. The grand and petit jurors
we're empaneled, and charged relative to their
respective duties, etc. The list OF the two
bodies IL as follows:
c. B Waite and A. B Waters, Cambridge;
Elbridge Fl. Stone, Eden; B F. Morse, Elmore;
joseph M. Foss and L. B. Sherwin (excused),
Hyde Park; r. W. Mcfarland (excused) and
Frank ]. Sinclair, johnson; c. c Dodge, H.
Kelsey and s. F. Small, Morristown; E, K.
Hale, Harvey McAllister and N s. Warren lex
cused), Stowe; Moses Mcfarland, Waterville;
c. G. Fisher (excused) aud Edison Slayton (tal-
ismap) Wolcott Roswell Town (talisman),
Morristown; Edwin Fl. Shattuck (talismsD),
Waterville.
Petit Jury-E. s. Brown, Belvidere; W. H.
Meendy and VIM. Melendy, Cambridge;
Simon Shattuck and E. G. Warren, Eden; E.
P. Darling and V. s. Slsyton, Elmore; James
c. Croker, P. T. DEMO- Elmer A. Smslley
and A. V. Wiswell, Hyde Park; Obs p Balch
o. P. Codding, Eugene P. Grow and Lewis J.
Smith, johnson; Frank Garner, G W. Clark, J.
E Huse and N. A. Terrill, Morristown; II. c.
Fawnce, A. P. Holmes, S. A. Mansfield, Grin
Moody and j. G. Raymond, Stowe; LYMAN
w. Adams and Nathan w. Leach, Waterville;
r. j. Knight, W. M. Parker and A. E. Phillips,
Wolcott.
cases for trial by jury. In two of these Judge
Powers was disqualified, five were settled, and
three only held on for trial. Finally, as in
these the defendant was the same 10 each case,
and the same questions were involved, but one
was tried, which was L P. Butts Us. David
Cass. This WAS the only civil case tried, and
it. with one state Casa liquor prosecution
comprised the sum total of jury work during
the term. The grand jury came into court
Wednesday morning and reported one true
bill, which was against castle Garden "
gentleman who, it was alleged, had stolen a
wallet containing nineteen dollars from man
at Worthwhile. The grand jury then retired
again, and were busily engaged until Monday,
when they reported. Mott of their present
ments are liquor cases. The petit jurors were
all discharged by Saturday and all but one
panel on Friday-the one panel being engaged
on the case of State vs Moses Scott OF Johnson.
the liquor prosecution above referred to- The
new docket contains forty-eight law and eight
chancery cases. OF the former eight are
divorce cases, twelve state cases and the bal
ance civil actions. Among the last named Ia
one OF Caldwell and Varnum Us. Bradley Bar
low and Trustees. The plaintiffs were sub
contractors, building the road from Sheldon tC
| Franklin, and seek to recover for work done
| thereon. The two cases tried, above referred
to, are in substances rs follows:
| l. p. Butts U.s. David Cas- This was an &C.
ton in which the plaintiff sought to recover
damages sustained by the malicious prosecu'
ton Of q case against him, instituted by the
defendant. The evidence OF the plaintiff was
in substance, about as follows: Cas- sum
moned Butts to appear at an arbitration at
| Glover; when Butts hesitated to attend as such
witness, Cass promised to pay Butts expenses
This promise was not kept, and Butts brought
q suit to recover the same. This last-pamed
suit was settled by Cass, who came to North
Hyde Park, where the defendant lived, and
paid about $50 The parties parted pleasantly
and short time subsequent TO that Cass sued
Butts to recover an amount he claimed to have
paid in excess OF what Butts was legally en-
titled to. Cass kept the suit along and had Il
continued several terms, finally disseminating
the suit. Butts had paid out about $50 In at
tornpys fees and for his own time; this hi
sought to recover, With exemplary damages
from the defendant. The defendant claimed
that he had overpaid Butts and that Butt
promised to refund whatever was overpaid
Hence he sued Butts The continuances o
the case at several terms he endeavored to &C
count for by showing that the justice could
hearing. Verdict for plaintiff S37, damage
and costs; exceptions by defendant. Brigham
& Waterman for plaintiff; John c. Burke an'
Nelson Rand for defendant.
State us. Lucius Scott of Johnson was pros
ecuiion for selling lager beer. The defens
was insanity States Attorney Gleed for pros
ecution; Mcfarland for respondent