Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1883-09-14
WTNDHAM COUNTY COURT

IL, Present, hon. D. W. Rowell, presiding
Judge Hon. r. w. Clarke and Hon. A. A.
Wyman, assistant judges
Grant JUry-I. X Batchelder of Town
shend, foreman o. II. Edwards of Athens,
N. O.. Marsh of Brookline, G. L. Thompson
of Bratteboro, A. b. Bailey Of Dummerston,
w. W. Barney of Guiford, Frank Worden of
Halifax, r. M. Thayer of Jamaica, A. l.. Pea
body and John Aiken of Londonderry, o. l..
Sherman and j. II. Merrifield of Newfane,
VIM. Robertson Of Putney, Hugh Christy of
Rockingham, II. W. johnson of Vernon, d.
@. Dexter of Wardsboro, M. b. Bishop of
Nottingham, o. b. Lawton of Wilmington.
Petit Jury-Geo N. ODER of Athens, l..
Putnam and o. d. Esterbrook of Brattleboro,
II. NJ. Whitney of Brookline, G. L. Hall of
Dover, S. w. Wilson of Dummerston, S. w.
Bailey of Grafton, f. L. Ward of Guilford,
A. +. Worden of Halifax, Lewis Phelps of
Jamaica, G. A. Whitman of Londonderry, @.
p. Whitney of Marlboro, f. w. Blodgett of
Newfane, s. L. Wheat of Putney, VIM. II.
Upham and l.. L. Albee of Rockingham, j. G.
Wheeler of Somerset, j. b. Temple of STRAIT
ton, H. @. Holland of Townshend, s. w. Bal
ley Of Vernon, f. L. Brigham of Wardsboro,
G. Il. Arnold of Westminster, A. Chase of
Nottingham, T.. Titus and f. Il. Smith of
Wilmington, L. s. White of Windham.
Sixty. eight new cases were entered upon
the law docket and II upon the chancery
docket. or the causes which had heretofore
been assigned for trial by jury, No. l. Estey
u Co. VI. S. M. Waite and @. b. Stoughton,
was continued as was also No. =, j. d. Whit
ney vs.. S. M. Waite.
No. 3, Il. II. Wilcor anu Wife gs. TO,on Of
HaGt,tr. In this case jury was empaneled
and sent over to Halifax to view the highway
| where an accident was claimed to have hap.
| pened 10 the plaintiff wife Sept. 10, 1879, by
reason of the insuficiency of said highway.
| This case has been twice tried, each time the
| jury failing to agree. The Jury returned on
| Wednesday morning, and the trial bids fair to
last the rest of the week. Plaintiffs evidence
| tends to show that on Sept 18th, 1879, they,
then living in Halifax, had been to Brattle-
boro on business, and left for home between
and p. NJ; that it grew dark rapidly, and
after they left the Green River road and cross.
ed the Gore bridge which spans Green river,
it became totally dark they were used to the
road, and proceeded very carefully for about
half mile when their wagon wheel struck a
rock lying on the side of the road, and both
were thrown out; that Mrs. Wilcox was rem
dered unconscious by striking her head on a
stone, and suffered severely for a long time
that she received other severe injuries, which
she was not allowed to show by reason of the
notice delivered to the town, and which was
drawn by Mr.. Wilcox, not describing said in.
juries as infinitely rs required by the statute.
Defendants claim that plaintiffs did not eXer
else the care required by law, and that much
of the plaintiff wife's suiferings we're due tC
other causes than the blow upon the head.
Haskins Il Stoddard, c. b. Eddy and Tyler
for plaintiffs S. T. Davenport and Martin A
Eddy for defendant.
The report in the case of The cstdte If Ma
bel r. BOWker rs. tie estate IF RoEaHa D.
DdreHpOrt, and which was heard at Brattle
boro before Hon. W. II. Walker of Ludlow
the last week in August was filed with the
clerk on Wednesday. This was claim present
ed by VIM. W. Lynde, administrator of tn,
former estate, against the latter for $1,000
balance of legacy of $4,000 bequeathod the
said Mabel r. by her foster father Henry
DunBlee in 1865, and which remained in the
hands of his widow and executrx (afterward
Mrs. Davenport at the time of the marriag,
Of Mabel X. with f. w. Bowker, Nov. -,
1879, and tn interest thereon since. Mrs
Bowker died Jan. 81, 1879, leaving no will o.
heirs but her husband. The estate of Rox.
ana j. Davenport pleaded in offset claim'
amounting to over $4,000 for alleged indebt
edness of Mabel Il. to the said RoEanaJ j. anC
to her husband Chss. n Davenport, and o.
her husband Mr. Bowker to the said ROxant
j. and Chas. N. Davenport Judge Walker
reports in favor of the allowance of the full
account claimed by the Bowker estate. beinl
$4,000 and interest thereon from Nov. IS
1879, to Sept. IL, 1888, amounting to 5000.
4G. He disallows all the claims of defend
ants offset but one item charged at S6ll.2
which he allows at S4l1.2S and interest
amounting in the whole to Sj2i.72. Thi
amount he deducts from the 1892. iG, leaving
balance of S5407.74 in favor of the Bow
ker estate, and against the Davenport estate
Several questions of law arising on the re
port will have to be passed upon by thi
court.
The report of Col. A. +. Walker of Rut
land, who was the referee before whom wa
heard the case OF l.. NJ. Price, receiver of tn
First National bank of Brattleboro, vs. tn
estate of Sas NJ Waite, in insolvency, wa
also filed on Wednesday. 1t covers GG page
of closely written legal cap paper. The sew
eral items in the plaintiff specification whcl
consisted of wrongful misappication of thu
funds of the bank to his own use while it
cashier and president, together with severa
overdrafts which Waite carelessly and negli
gently suffered to be made by two or thre
of the patrons of the bank, he allows with &C
crued interest thereon at the sum of 1924,
259. 80. From this he deducts the amour
realized by the receiver on the sale of the is
land and Hinsdale bridge property, with toll
collected by the receiver, leaving total Al
lowance against Waite's estate of $3.50, 800 Ol
He then allows in favor of Waite's estat
and as an offset to the above allowance, Ger
tain deposits of money collected and paid in
to the bank by Waite as testified to by him
and as shown by the individual deposit ledge
of the bank, and which Waite claimed an
testified belonged to him, as follows;