Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1883-01-03
Orange County Court.

The only case tried last week was the one men
toned at the end of the court report in the last
issue Of the WATcHNrAN. 1t was stubborny
contested case and took up all the week 1t was
an action of trover brought by Ebenezer Berry,
Hannah and Mary Berry, heirs of Ira Berry, late
of Corinth, deceased, against A. Kinney, j. ii
Chamberlin, l.. S. Carpenter and l.. ID. Richard
son, all of Coiinth. 1t was brought to recover
the value of u promissory note, dated at Corinth,
September o. 1861, payable to Ira Berry and
signed by Zera and j. S Collins 1t was claimed
by the plaintiffs that this note had been obtained
by said Kinney from Ira Berry by using undue in
fuence and fraud in the transaction. The claim
of the defendants, as shown mainly by the testi-
mony of Kinney, was that the deceased Ira Berry
had made a donation Of the note in suit to the
Congregational church Of Corinth, giving it to
Kinney in trust for said church. The plaintiffs
claimed that the church was not such an organ
ization as could take and receive such a gift.
Moreover 1t was claimed by the plaintiffs that
Kinney had used the grossest fraud in getting
possession of all of said Ira Berrys property in
Guiding the note in suit That chancery pro-
ceeding had been brought, and the real estate OF
said Ira, which had been decided to son of the
defendant Kinney had to be decided back to the
heirs. Verdict for plaintiffs, S43l % and costs.
Charles H. Heath, Dckeys and s. B. Hebard for
plaintiffs; j. X. Darling and Farnham d Cham
berlin for defendants.
The case now on trial is that of State u.s. Has
| D. Davis. This was begun on Monday and bids
fair to occupy the time of the court until Thurs
| day. 1t is prosecution under an indictment
| found against the respondent by the grand jury
last June, which charges Davis with ill-using his
| soma boy about fifteen years old.
Succeeding the Davis case will be the case OF
| State Us. Asa Magoon, larceny of maple sugar.
r. NJ. Harvey, special states attorney, prosecutes,
| and Charles ii Heath defends.
It'll is quite probable there will have to be an ad-
| journed term for court business, as Judge Rowell
| Is assigned to Franklin county supreme court,
| which sits next week.
| On Thursday last the court announced the fol-
| loving npppintmants. .Inhn II RacOn. Harvey
| Lincoln and J. A. K. Corwin, Jail commissioners
| Nathaniel IL. Austin Of Tunbridge, John B.
| Pickett of Bradford and Charles X. Granger OF
| Randolph, highway commissioners; court auditor,
| John B. Bacon Of Chelsea.
| The number of new entries this term is larger
| than those of the last few terms. The new docktt
| contains eight y-one law and fourteen chancery
| cases. Among the law entries is one James Bart
lett U.s. John Bolton Plaintiffs wife was injured
| on highway in the town of Cabot near defend
| ants house by reason OF her horse being fright
| ened at a load of lumber in defendants dool
| yard An action was brought against the town
plaintiff recovered $500, but the verdict was upset
| by the supreme court finding the notice insutfi'
| cient So now plaintiff sues Bolton.
Divorces have been granted to the undermen
toned for the causes respectively alleged X. G
Us J. c. McAllister, intolerable severity; custody
| of minor child decreed to petitioners N. l.. Boy
den for petitioner. Alma N. rs. Harvey G. Wy
| man, upon the ground OF adultery; petitioner II
resume her maiden name OF Smith; j. ii: Watson
for petitioner. Melissa A. Us. Lorenzo d. Kelly
| bill granted upon the ground of adultery; Farm
| ham & Chamberlin for petitioner. Martha rs
Dan Hartman, intolerable severity; petitioner t
resume maiden name of Martha Smith; d. c
| HYDE for petitioner. Hattie j. Us Fred H. Sar
geant, bill granted upon the ground of intoerabl'
severity; S. NJ. Gleason for petitioner, who ha
leave to resume her maiden name of Hattie j
Spear. Mary j, US. Henry W. Stiles, bill granted
| upon the ground OF willful desertlon; s. Nj. Gea
son for petitioner.
Two state cases were also disposed Of, wthou
| trial in State Us G. W. Cleveland, charged witt
an assault, indictment quashed upon the groun'
OF informality In State u.s. John Sergeant o
STAFFORD, liquor prosecution respondent pleaded
guilty to fifteen offences and paid $50 and costs