The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-03-19
Washington County Court.


General verdict for the plaintiff assessment
by clerk.
John Coffrin u.s. Samuel B. Maxham. This
was an action of general and special assumpsit.
The plaintiff is a carpenter and joiner who
resides in Waterbury. His claim was that the
| defendant, sometime during the year 1877 de-
| sired him to go to Canada and purchase four
carloads OF potatoes; and ship to Worcester,
| Mass, and that the defendant guaranteed TO
| him all OF his money back, and one-half Of
the profits on the potatoes; that the defendant
| represented to him that he was doing q large
commission business at 222 Front street, in that
| city, and that one Blanchard, nephew OF the
| defendant was his agent in Worcester; that
he, relying upon this guaranty, did go to Cam
| ada and purchase four carloads of potatoes
| and shipped them to Worcester; that they were
sold by Blanchard as agent for the defendant,
and that the plaintiff had received only 1882 AZ
back Of what he paid out for the potatoes,
| which sum he claimed was S54l .96; he also
claimed there was clear profit OF $240 made
on them. Besides these sums there were few
| minor items for work and hotel refreshments
he claimed to have furnished defendant, max.
| ing his whole claim the sum Of S607 81 with
interest from March 10th, 1883. The defense
was a general denial of everything that the
| plaintiff claimed. The defendant claimed that
the plaintiff entered into the potato specua-
tion on his own account and that he, the de-
fendant, had nothing whatever to do with it;
that Blanchard was not his agent, and for any
| defalcation of his to the plaintiff, he was not
responsible. He denied having any place of
business in Worcester, and claimed, among
other things, that the reason OF plaintiffs mis-
fortunes in business was his being intoxicated
all of the time; the defendant also filed a plea
in set off, in which he claimed balance due
from plaintiff to him of S104 a. Verdict for
plaintiff for S6236 65 on his specifications, and
for the defendant, on his plea in set off, of
S33. 50-baance, $3.50 10 w. P. Dillingham;,
plaintiff; c. H. Heath and G. w. Wing for
defendant
II. o. Camp Us. L. W. Scott. This was an
action Of trespass for an assault and battery.
The parties both reside in Barre, and it ap-
pears that the trouble, from which the suit
arose, grew out Of the collection of taxes by
the defendant of the plaintiff. 1t appeared
that the town OF Barre, at the annual meeting
in March, 1882 voted to have the highway tax
paid in money, and elected three street COM
mssioners, Of which number the defendant
was one. 1t further appeared that for the year
1881 the plaintiff was one Of the highway sur
veyors of the town of Barre, and that as such
surveyor he did overwork on the highway to
the amount OF some sixteen dollars, which was
7 placed to his credit on the highway bill and by
him returned to the selectmen. 1t further ap-
peared that the plaintiff refused to make out
and return any inventory OF his taxable prop
o perty for the year 1882 and that thereupon the
listers ascertained, as best they could, the
g amount OF his property and double the ap-
praisal OF the same, which, with his poll list,
! constituted his grand list in Barre for the year
d 1882 1t appeared that the defendant was ap-
pointed collector Of highway taxes for 1882 by
t his associate commissioners; that the select
n men made out a tax bill and warrant for the
: collection Of the highway tax, and that in said
a rate bill the full amount of the plaintiff tax,
| which was ninety cents, was SET and no al
= lowance Of credit was made; that said rate-bill
n and warrant were delivered by the selectmen
|, | to the defendant for collection; that the de-
/ fendant proceeded to collect the tax, and that
he demanded this tax of the plaintiff several
q times; that on the 80 h day OF December, 1882,
% he notified the plaintiff that he would be at his
a a house in Barre on the 9th day of January 1883,
Q Q TO receive said tax that the tax was not paid,
8 and soon after the defendant levied on Ger.
tain buffalo robe and advertised the same for
sale on the Goth day of January; that on
3 the Goth day of January the robe was re-
8 plevined of the defendant by G. w. Bassett
/, for the plaintiffs mother, who claimed to own
8 it; that thereupon the defendant proceeded to
arrest the plaintiff and to take him to JAIL but
after some alteration the defendant allowed
!. the plaintiff to 60 at large; that on the 10Th
o day of February, he again demanded the taxes
l. of the plaintiff, that the plaintiff at least neg
Il lected to pay, and that the defendant told
If plaintiff he must either turn out property, pay
1t his tax, or go to Jail; that the plaintiff made
some offer to turn out property which was then
~ in his barn; that the defendant then made an
q attempt to arrest the plaintiff, but it did not
h clearly appear which party would have finally
Ia been arrested had there been no outside inter-
n ference. Atany rate there was scuftie and then
y a cessation of hostilites, and o. B. Boyce was
sent for, and when he appeared the plaintiff
took counsel of him, was advised to go quietly to
u jail with the defendant and the plaintiff agreed
so to do that the defendant said be must have on
a the handouts; that plaintiff said he would go
l. quietly but would not submit to being hand
=; cuffed, whereupon more scuffiing ensued and q
. good deal of striking of the plaintiff by the de-
q fendant with the handouts. There was 8
good deal of conflict in the testimony as to just
g what did happen, but apparently there was q
ID pretty lively time Finally the defendant called
20 in Warren c. Nye to assist him. which Mr.. Nye
r. refused to do when the defendant, in the name of
s. the state OF Vermont demanded his assistance,
s and Mr. Nye, after advising with Boyce, finally
T. did come to his assistance, and the plaintiff
was handcuffed when he paid his tax and then
D. brought this suit to soothe his lacerated feel
ir ings. The plaintiff claims that, under section
,e 3 060 of the Revised Laws, his overwork Of the
a. previous year should have been placed to his
credit, and that if it had been credited, his
nj tax was more than paid; that Scott was not
ar proper officer, under the statute, for the col
al lection of this tax; that the defendants ar
resting him ON the Goth of January and then
dischargng him, would make the subsequent
m 90 arrest on February 18th illegal. He also
ss 81 claimed that the defendant used great excess
~ of force in the arresting and Handwriting The
n defendant claims that, by the town voting to
y, put its highways under commissioners it re-
~ lieved the selectmen from the obligation OF
y, giving the plaintiff credit on his highway tax
10 that as the town had voted to pay its tax in
money, the town must pay the credits in
le money, and that the selectmen were willing to
ie pay the plaintiff the amount Of his credit in
" money; that the defendant was proper off,
IS Ger under the law, and that he used no more or
e. greater force than was absolutely necessary
y under the circumstances, and, in short, claimed
g. to fully justify under his tax warrant There are
ii. several law questions in the case, and as both
I'd sides have saved several exceptions, the case
c. will undoubtedly go to the supreme court what
re ever may be the verdict Of the jury. w. A. &
o. B. Boyce and c. H. Heath, for plaintiff G.
a w. Wing and f. w. Bsbee, for defendant.
s. The case of Orren Kimball Us. The Boston.
n. Concord and Montreal railroad company has
I'd been settled by the defendant company paying
Is the plaintiff five hundred dollars.
Ell The civil docket Is nearly finished, there be-
N ing but one or two more civil cases for trial,
le and the states attorney has made an assign
is ment of state cases for trial, the most impor-
r. tant Of which Is the indictment Of James Tenn
h, pleton for manslaughter, and the two cases Of
a State us. Thomas Cory, indicted for malicious
y mischief. The remaining sixteen cases against
4 various respondents are for violation Of the
q prohibitory liquor law.
r There is to be a meeting Of the members of
At the bar sometime next week, to take suitable
n action in view of the death Of the Hon.
+ Heman Carpenter and Frank Bates, late Of
ts Northtield, deceased. Among the members of
D the bar from other counties present at court
| Jnu II