Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1883-06-15

Orange County Court.

The first case tried at Orange County
Court was that of VIM. A. Ashley aud Ar
mcnda e. Ashley, his wife, against Benja-
min f. Hyde, an action Of general assump-
sit in which the plaintiffs claimed to recover
the difference in value between a bay horse
belonging to the female plaintiff and three
hundred dollars in money which they trans
fcrred to Benjamin Hyde, June "a, 1881, in
exchange for two back mares he had bought
OF Ely-GOddard, the Winter before, the diff
ference being, as the plaintiffs alleged in their
specifications three hundred and twenty-five
dollars which difference they claimed to be
the consideration rendered the defendant for
his promise to the female plaintiff, that he
would obtain for her the title of Orange
County Hotel in Chelsea village. The de-
PENDANT claimed that lac traded horses mere
ly, and that whatever he may have said in
reference to the hotel was not in the way of
trade for he had said it May 2jth previously,
to l.. ID. Humphrey, and Ashley knew that
he had no title to it and could not get it with
out Humphreys consent. In support of his
claim that the transaction was merely trade
OF horses llydc's testimony showed that his
horses were worth three hundred dollars the
more. The trial began Wednesday morning
| and went ~ the jury at II Thursday fore
noon. On coming in Of the couit in the Of
| ternoon, the jury rendered II verdict for
| Sl3092 for Plaintiffs. The case will 20 to
Supreme Court on exceptions to the Judges
| charge, his rulings on the admissions of evi-
dence during the trial and the ovcrruling of
| a demurrer to the declaration wherein the
| wife was not set out as the mcritGrious cause
| of action. ). c, Shurtlon and L. W. Smith
| for the plaintiffs; Geo. l.. Stow and $. B..
llebard for the defendant.
The case of Scion f. Fray, executor of
| David Gusha's will VS.. Alonzo b. Gusha,
appellant, an appeal iIom the judgment of
Bradford district probate court, sustaining
the WILL began its trial Thursday forenoon,
after the cout's charge in Ashley and wife
against Hyde. This was the first case actu-
ally set but not being quite ready on We'd
nesday morning the Ashley case was subsi-
tutcd. 1t appears that on June 30th, 1870,
David Gusha, who at some.recent period was
worth ten or twelve thousand dollars, made a
will in which after bcqueathing the annual
income of thousand dollars to his son dur
ing his lifetime, he directed all the rest of
his property TO be divided between the
Frecwill Baptist Home society, Freewill
Baptist Missionary society and the Freewill
Baptist church OF STAFFORD. Many witness
es are present from STAFFORD and the trial
will probably continue into the middle of
next week. 5. b. IIebard and j. II. Wat
son appear for the proponents and c. w.
Clarke, ID. &. Hyde and {. Ii. Heath for the
contestants.
A telegram has been received to the cfrec,
that no other judge can he assigned to try
the cases in which Judge Rowcll is disquali.
fed, hence the cases Royal Durham VS..
Town of STAFFORD, l.. ID. Weller VS.. Simeon
Il. Waldo, appellant and Herbert p. Mar.
tin, administrator vs.. Lucy Martin, are al
the heel of the docket with the faint hope
that some judge may come as these cases arc
| pressing for trial.