The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-01-02
Orange County Court.

There will not be a long term of this court
and doubtless at the time this is read it will
have adjourned, or be near adjournment The
jurors were dismissed on Friday last the civil
cases set for trial having fallen through by set
Element or continuance.
William G. and Abbie Sanborn Us. Nathan
Paine reported in last weeks issue, resulted in
a verdict for the plaintiffs. They sought to re-
cover about $780, but the jury gave them
$685., this amount being considerably less
than was recovered before the justice. On a
motion to apportiOn costs, the court allowed
the plaintiffs only half the costs in county
court j. K. Darling and w. NJ. & George A.
Dckey for plaintiffs; j. Fl. Watson and Rooney
NJ. Harvey for defendant. Exceptions by de
PENDANT and cause passed to supreme court.
Caleb H. Scribner Us. Richard Kennedy.
These parties reside in the town of Chelsea,
and the action was one of replevin. The plant
iff had a yoke of steers last year and accord
ing to testimony introduced by him, it appeared
that one John Stephens came to him and bor-
rowed said steers, promising to return them at
certain time. Before that time arrived, Steph-
ems died; thereupon Hack" Scribner sent
round for his steers but "Dck" Kennedy, who
is the administrator of Stephens estate, de-
clined to give the cattle up upon the ground, as
he claimed, that Stephens had in fact bought
the steers Of the plaintiff. Both parties intro
duced testimony in support Of their respective
claims, and while Kennedy and one Dan Ma
COON swore positively to seeing Stephens pay
for said cattle, the jury evidently concluded
they (the two witnesses) were mistaken" for
they returned a verdict in favor of the plaintiff
that the steers were rightfully repleved. YER
|. dict, one cent damages and costs S. B. Hebard
for plaintiff; j. X. Darling and II. A. White
| for defendant. After verdict a motion was
made to set 1t aside, which said motion was
overruled.
A Jury was then empaneled in the case Of
State u.s. Charles and Asa Magoon. A bill was
found against these two respondents last juno
charging them with having committed the
crime OF burglary by breaking into the dwell
ing-house Of Mr.. Dennis G. Blake of Washing
ton Orange county, in the month of June,
1882. At the time in question, the respondents
were on their way home from court, where a
jury OF their peers had just acquitted them
from charge of larceny. After the present
trial was begun it was discovered that there
WAS defect in the indictment. 1t was found
that the place described as a dwelling
house was in fact used by Mr. Blake to store
certain old plumber in. Doubtless it was
the knowledge OF the fact that "plunder was
there that induced the industrious Magoons to
go in and see what they could pick up. The
case did not come to trial on its merits, but
upon the question of the indictment the
state asked leave to amend, under the statute.
so as to properly describe the premises alleged
to have been burglarized. The court, subject
to respondents exception, allowed the defect in
the indictment to be remedied. The respond
ents then asked that the case be continued to
the next term, and this was allowed also G.
H. Heath and r. NJ Harvey for respondents
States Attorney Darling for state.
The court then dismissed the petit jurymen fol
} the term. The following state cases we're dis
posed of without trial: State Us. Durham
3 respondent plead guilty to two offences
8 State Us. Leonard Fish, respondent plead guilty
to five offences; State Us. Oliver Bashaw mol
pros entered In the case OF State Us. John
r Wright, the respondent plead guilty to one of
a fence, which plea was accepted. These las
two culprits were charged with selling liquo
at Bradford the day before last Thanksgiving
r day. Several informations against individual
!, charged with violating the liquor law hav
4 been filed this term, and bail fixed in each cas-
q at $500. These cases were those of Mari
q Chadwick, M. V. Chadwick, M. f. Yerringtoi
and b. +. Chadwick. In the several case
Il where the respondents plead guilty fines wer
a inflicted at the statute rate OF $40 for each of
= fence and costs OF prosecution.
. number OF cases originally set for trial b.
"a the jury were by agreement set TO the court
n Victor !. Spear, executor OF Rosanna Leathers
n deceased Us. Allen Thayer and wife, was one G
n these. 1t was an appeal from probate coui
40 for the district OF Randolph by the defendants
70 who contested and sought to set aside the wi
of Rosanna feathers, mother of Mrs. Thayel
10 The will left to Mrs Thayer the income OF a
D. estate valued at some $4,000, but II Mr.
10 Thayer should be separated from her husban
81 by death or judicial severance OF the ma
~ rage bonds, then the whole OF the propert
l. was to go the beneficiary, Mrs. Thayer TIL
g. contestants urged that this was premium O
K divorce" and wanted the will so modified this
10 the property should come into possession
OF the famale contestant at the present time. tt
court decided the case in favor OF the propol
J., ant, holding the will to be valid and leg
n instrument, and that its provisions were NJ
he contrary to public policy. Boyden and Nicho
70 for Spear; Perrin and McWain for contestant
k. Several illused wives. who repented of the
ve marriage vows. sought to be released ther