The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-09-17
Washington County Court.

iHbIo dDOut tHDukH ClNl ChbtS lblb lDT
trial by jury to last the rest Of the week. The
grand jury is expected to finish it's busness by
Friday when batch OF indictments, some Of
them important, will be presented to the court.
The new law docket was called on Saturday.
There are seventy-three new entries. OF these,
eleven are applications for divorce, and nine
are prosecutions for violations of the prohibitory
liquor law. The divorce cases are az follows
Dora G. Neil OF Worcester against William
Neil OF Orange, for refusal to supports Laura
j., Guptil OF Moretown against Simon Guptil
OF parts unknown, for refusal to support and
desertion; Charles W. Emerson OF Mortified
from Minnie c. Emerson OF Wilton, N. H., for
desertion; Phelie d. Shonio of Waterbury from
Chauncey s. Shono Of Bolton, for intolerable
severity and refusal TO support; Calvin r. Hills
Of Marshfeld against Melvina NJ. Hills OF Leb-
anon, N. H., for adultery and wilfu desertion;
Emma +. Smith of East Montpelier against
George A. Smith Of Lawrence, Mass, for adul-
terry, intoerable severity and refusal to sup
port Emma Somervie of Moretown against
William Somerville Of Cooperstown, N. Y, for
wilful desertion; Henry A. Morse OF Calais
against Kate K. Morse of East Montpelier, for
wiful desertion; Adeline Smith OF Montpelier
against Samuel Smith of Montpelier for intol-
cradle severity; Hiel Carr of Calais against
Lucy Carr OF Calais, for wiful desertion; John
q. Aston of Cabot against Alice Aston of Dan
Vile, for adultery. The following is a resume
OF the trials thus far:
Elijah Whitney Us. George M. and Frank P.
weeks issue went to press Elijah and George
M. generally called Marsh y Whitney are
brothers, and Frank p. Is son of " Marsh"
Although 30 nearly related, they have not lived
peaceably. They are all residents Of the eastern
corner of Middlesex, between Wright's Mills
In Montpelier and Putnam's Mills in Worces-
ter On the 18th of December, 1882, the plain
tiff claims that the defendants set upon him In
the highway, near their house, and shamefully
beat him without cause. The testimony was
cOnfiptnU IN aapmad that - loo ~ had
been telling some silly scandalous story about
Frank p, unworthy Of notice, and that on the
day Of the assault all the parties were at G. G.
Putnam's store at Putnam's Mills. In the
afternoon they all started for home at about
the same time. and when they were about
opposite Marsh's" house, Frank took "Lge"
to task for telling stories about him. Then the
row began. Lge" said that they threw
him on the bank Of the road, bruised him
badly and broke one of his little fingers.
Marsh - and his son testified that they had
no idea of touching "Lige" until they saw
him feeling in his boot leg for a deadly
weapon, as they supposed-a dagger or re-
| volver, which they had heard he always car
| ried with him; that they were then afraid he
would kill them, and they rushed upon him
and disarmed him They found dagger with
two-edged blade, about six inches Tonga
| dangerous weapon in close encounter. This
| was exhibited in court and had great effect
| in cutting down "Lige's" damages There
was but little question of his receiving severe
| beating, but the jury thought that man who
| carried dagger on his person in vermont did
not deserve much recompense for a thrashing.
| SO they only gave him 81. 92 damages and his
costs. The case should not have been brought
to the county court Its chief result was the
washing of good deal Of dirty family linen.
| Hon. Charles II. Heath and Colonel F. " Ran
dali for the plaintiff S. c. Shurteff, Esq, and
Captain Harlan W. Kemp for the defendants.
Josiah Gale and wife ELLEN H. Gale) Us.
Charles II. Cross-Mr and Mrs. Gale live in
| Barre Mr.. Cross ia an old and we-known
citizen of Montpelier The suit is an action of
| covenant broken to recover damages for the
| loss to the plaintiffs Of some land, situated on
the road between Wrights Mills and Montpel-
Ter village, about quarter of mile south of
the mills on the west side Of the Worcester
| Branch. His land and lot on the east side of
| the Branch, on which are saw and grist-mils
now used by Medal Wright were owned in
1860 by the late Luther Poland OF Montpelier.
He sold to Thomas N. Courser, October II,
| 1860, and Courser gave mortgage to secure
the payment to Judge L. P. Poland, son Of
Luther Poland He then sold the lot on the
east side OF the Branch, on which are the grist
and saw-mills, to Medad Wright. He sold the
land in question in this suit to Lucinda Jones,
giving her deed conditional upon the pay
ment Of the mortgage to Judge Poland She
gave second mortgage to Enos Styles and
Luther Holden of Middlesex bought both
mortgages. As they became due Mr.. Wright
discovered that the Poland mortgage covered
his property, and to save himself he bought
them both. Presently Lucinda Jones died, and
Col. F. V. Randall, her executor, gave Novem-
Der % 1870, warranty deed OF this land in
question to the late Theron o. Bailey Of Mont
peler. February Sd, 1871, Mr.. Bailey gave
warranty deed of the property to Bart s. Scrib-
ner of Montpelier. Mr.. Scribner soon gave
warranty deed to Loren Friend, and Friend
then made warranty deed to Charles II.
Cross. Mr.. Cross, Apr! 20, 1877, gave war
ranty deed to Hubbard Hancock of Barre, the
father of Mrs. Gale, one of the plaintiffs in
this suit, and Mr.. Hancock decided it to her
conditional upon life support While all
these things were going on foreclosure proceed
ings were pending in the court of chancery in
behalf of Mr.. Wright against Mr. Scribner,
who was the occupant of the lot when they
were begun. A decree was obtained by Mr..
Wright, which ran out May l, 1880, and Mr..
and Mrs. Gale were thereupon elected from
the premises. They accordingly cast round for
some one to make them good tor the loss, and
as Mr.. Cross was the only one of the previous
grantors who had any money to speak of, they
selected him. and he is therefore the
vicarlous sufferer for Colonel Randals
sin. The colonel was the originator of
the trouble AS the executor of Lucinda Jones
he gave a warranty deed to Mr.. Bailey,
although the land was heavily mortgaged.
He gave no bonds to the probate court as exec
utor, and, as he is worth nothing himself, no
remedy can be had against him. Mr.. Bailey's
estate Is not available as payer anu lne Otner
grantors are not persons of property. 1t being
conceded that the covenants which MIR. Cross
made to Mr.. Hancock in his deed had been
broken, the only question at issue in the pres
ent trial was the value Of the property of which
Mr. and Mrs. Gale had been bereft by the
foreclosure proceedings. The plaintiffs and
other witnesses set it at about $500; the de-
PENDANT and his witnesses at from $500 to 500.
The jury called it worth about $3.50, and, add
ing interest since May LIST, 1880, they returned
q verdict in favor OF the plaintiffs for S703 Al
and their costs. Messrs Pitkin and Huse for
the plaintiffs; Messrs Heath and Carleton and
Col. F. V. Randall for the defendant,
D. W. Cooley Us. Town OF Berlin-The
plaintiff Is dentist, living In Lisbon, n, III.
In 1879 his wife was injured by an accident on
the Mortified road, in Berlin, near the saw
mill of j. S. Wheeock. She sued, and re-
covered about $500. The husband now sues to
recover for the money he says he paid out in
taking care OF her during her illness, paying
doctors bills, servants, etc. The town had no
defence, and only wasted the time of the court
in trying the case. The jury returned ver-
dict In favor of the plaintiff for 1868 81. S. c.
Shurtleff, Esq, for the plaintiff Hon. Charles
H. Heath for the defendant
Hannah and Sarah Severance u.s. David C.
and Orvis w. Conner, James b. Mattocks,
Trustee. plaintiffs are maiden sisters, liv-
ing together in Cabot, who occasionally lend
little money on what they believe to be good
security. The defendant, Orvis, and his father,