The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1883-06-20
ROYAL ARCH CHAPTER
Orange County Court.


s. F. Frary. executor of the will Of David
Gusha u.s. Aonzo r. Gusha The trial of the
issues involved in this case engaged the atteu-
ton ot the court for more than week The
evidence developed the following facts: In
June 1879. David Gnsha OF STAFFORD. then in
his seventv-second year. made will, In which
he beaueathed most Of his property to the Free
Will Baptist Home and Foreign Mission Socie-
ties. The contestant, who sought to have the
will nullified, is son of the testator. and re-
ceived the nae 81 81 0O0 during his lifetime
under the will. Upon behalf of the contestant
two grounds were get no tn invaldate the will
viz: want OF capacity in the testator and be-
cause of the undue influence Of Alfred Rich
ardson and others. To support these allega-
tinns the contestant introduced score or more
of persons who had been we'll acquainted with
the testator during his lifetime. and their evil
denca mainly went to show that In their opin-
ions David Gusha was mentally unfit to make
an understanding disposition OF his property.
valued at some $4,000. And many of the
witnesses In support of their opinion. gave in
stances of the actions and sayings OF the tesla
tor Most Of these witnesses dated the testa-
tors alteration OF mind from the year 1875,
when his wife died some from the time he
received an injury to his hand from a saw,
which was at later date. Some of the wit
nesses also testified to the apparent influence
of Richardson over the testator Upon the part
OF the proponents also large number of wit
knowledge nf the deceased to that OF the con-
testants witnesses. gave II as their opinion
that he was OF sound mind at the time the will
wee executed. II appeared that in August,
1879, three months after the making of the
will the tastator suicided, and this was
claimed by the contestant "a a strong circum-
stance tending to show insanity. The case was
long and ably argued. and presented to the
jury in a clear and admirable manner by the
presiding Judge, who explained to the jury
how much mind and will WAS necessary to
valid disposition Of property. The jury how
ever failed to agree and the case will have to
be tried again. The jury were out all night
and all the next day and evidently tried hard
tn come to decision. but they stood nine for
the proponent and three for the contestant. s.
B. Hebard and J. Fl Watson for proponents; c.
H. Heath, D. c. Hyde and c. W. Clark for
contestant
Daniel Magoon Us. Levi Cloueh. This was
an action of trespass for an assault and battery,
committed at Washington June 7, 1882. It APP
peared from the evidence OF the plaintiff that
Abraham Clough and plaintiffs father were
engaged In some kind OF skylarking, when the
plaintiff went up and demonstrated with Abra-
ham that he should not play with an old man
like that. Thereupon Abraham and Daniel
had some words, clinched. and fell to the
ground together. As the plaintiff was rising
from the ground, the defendant. Levi Clough,
struck him severe blow over the head with
large board. This stunned him and he WAS
sick for a long time from the result Of the
blow For this injury plaintiff sought to re-
cover laving his dd ddn,num at 5000. The de-
PENDANT did not deny the charge, but endeav-
ored to urge rs an excuse that he feared plain
tiff was going to lick his brother and then go
for him, and so he thought he would take time
Tor Magoon) bv the fOrelock. Saturday morn
ing the jury returned into court with sealed
verdict for plaintiff for $50 80 damages and
costs. G. L. Stowe and Charles H Heath for
tn nd fAr dafa
On Saturday morning a Jury was empan-
peled in the case OF Joseph French Us. Andrew
]. Foster and the time until noon was occu-
pied in putting in the plaintiffs testimony. 1t
Ia an action Of trespass on the case, in which
plaintiff seeks to recover $50. the value of a
cow killed by an OK OF defendants in plain
tiff's pasture. This case is now on trial.
On the 18th instant the grand jury reported
the result OF their eight days work They
presented seven I" true bills" and seven " not
found" Among the former are indictments
against the listers of the town OF Bradford for
perjury In connection with the performance
of their duties az listers Of Bradford. There
are two indictments, and the respondents have
been admitted to bail.
In State vs. Asa and Charles Mapoon, bnr-
plarv. bail was fixed at $780, Charles II.
Heath recognizing as bail pro tenn.
The grand jury commented very severely
upon the filthy condition OF the county Jail. re-
| porting 1t unfit for habitation. They recon-
mended certain improvements In the sanitary
arrangements at the jail, and those improve
ments are now going on under the direction OF
| the county Judges. They further reported that
| some OF the accommodations OF the jail are
converted by the jailer to his own private use
they advise that the rooms in the Jail intended
for certain classes of prisoners be kept exclu-
! sively for such purpose
The new entry docket, contains In state pros
ecutions and civil and chancery cases, about
| ninety entries.
new trial has been granted in the case OF
Sanborn and wife Us. Paine. tried at the last
December term 1t appeared after the verdict
WAS rendered that juror named L. N. Smith
from Bradford. not in the panel trying the case
gave some evidence to his roommate, another
Juror who was sitting on the case. Smith was
punished by being ordered to repay to the
clerk the amount he received at the December
term as juror.
Several divorce cases have been heard, but
as others are still pending, the whole list will
be published next week in the WATcHMAS
AND JOURNAL.
The cases in which Judge Rowell is disquali-
fed have been continued until the December
term. at which time the chief Justice has as
sured the presence of another judge to try
| them.
In Bloomington, ILL.,, Mile Litta, though still