The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-05-07
Lamoille County Court.

1nhtVthO OVuhbI NVufb
There are emily sixteen entries in the new
docket Several of these are divorces, and
they will be tried this term Some OF the state
cases disposed Of without trial are: State as.
Norman Larabee, liquor prosecution; respond
emit pleads guilty OF one first offense and Is
fined $40 and costs. State Us. T. s. Whipple;
bonds called and forfeited; motion to CHANGER;
continued for a hearing on motion. State u.s.
Irvine Fairbanks, liquor case; not to be brought
forward. State Us. Gauthier, indicted for i'm
peding an officer; respondent not being forth
coming the bonds were called and forfeited;
fixed at S25
On Thursday last Messrs. Lewis G. Moody, a
student with George wilkins, Esq, and Vernon
A. Billiard, who had studied with Brigham
u waterman, were, on motion OF George
Wilkins Esq, admitted to be members Of the
bar of this county.
The case of Doty, administrator of Rebecca
Barnes estate, Us. John Hubbard resulted in a
verdict for the defendant. This was the same
disposition ~ was made of the case at the first
trial. In 1881, but an error in the charge to the
jury reversed the case, and sent it to the county
court for new trial. The heirs have
doubtless already expended out of the estate
more than the value of the small portion they
are trying to wrest from the possession of the
defendant-a plot Of land of about two acres
and small house, worth in all about $780,
The case, 1t is believed, was so tried this
time that 1t will stay tried" 1t will, how
ever, be carried up again to the supreme court.
The next case tried was before Judge Taft,
who came to Hyde Park specially for that pur-
pose. The case was Carrie Bridgeman Us
estate of Phin. S. Benjamin, Richard f. Parker
and ii. b. Bundy, executors. Judge Powers
was one of the commissioners on the estate
and as such, having passed upon the claim Of
the plaintiff, was disqualified from hearing 1t
on appeal In comfy court. The plaintiff sought
to recover of the estate of p. s, Benz amin the
sum of $3.50, with interest since September
18th, 1880 She claimed that Mr.. Benjamin
had received that sum Of her at two different
times, In sums of $500 and $3.50, to secure him
In becoming bail in suit, in which her father
was party, then pending trial at the Orleans
county court. In that suit, Mr.. Benjamin, who
was related to the plaintiff, consented to enter
his name as bail therein, II secured and he was
80 secured This suit was ended by settlement,
and Mr. Benjamin was released as bail Plain
tiff claimed she had never received the money
back. In support Of the plaintiffs claim wit
nesses were introduced, who testified to certain
occasions when Mr. Benjamin had in their
presence made remarks tending to show that
the amount in question was in his possession
The father of the plaintiff, Mr.. F. T. Bridge
man swore to his having delivered the two
amounts to Mr.. Benjamin. The defendants
met the latter testimony with direct impeach-
ment OF Bridgeman by half score Of witnesses
from Hardwick, where Bridgeman lives, and
by showing that on the hearing before the
commissioners he had testified differently than
in the present case. The defendants also pro-
duced Mr.. Benjamin's account book, in which
was certificate that the account therein con-
tanned was all OF the account with Bridgeman,
and the amount claimed by the plaintiff did
not appear. Defendants claimed that this en-
try, made during the lifetime of the deceased,
was put in the book because he (Benjamin)
knowing the character Of Bridgeman, wished 10
prevent any claim against his estate. In
this entry, plaintiffs counsel argued, it was
clear from the entry itself that it was made a
year or two before the $3.50 was paid to him,
which was in 1880, the date of the book where
the entry occurred being 1878 The jury re-
tired about five o'clock, and at eight o'clock
returned verdict for plaintiff for S425 "a
When the verdict was received it was found
to be $50 "a more than the dd ddnllum in
plaintiffs writ, and counsel made request to
raise the dd ddnlnum to $500, which was
granted, subject to the objection and exception
OF the defendants. John c. Burke and Brig
ham and Mcfarland for plaintiff Richard F.
Parker and P K Gleed for defendants.
Judge Powers then resumed the wool sack,
and jury was empaneled in the case of An
drew Fletcher u.s. Morris Raymore. This was
an action of replevin for mare and colt taken
by defendant, deputy sheriff, as the property
of A. G. Fletcher, to satisfy claim of one Hol-
brook OF Milton. The plaintiff, father of A. c.
Fletcher, repleved the property as his. An
drew C. Fletcher testified that the property
was purchased from the avals of the farm be-
longing to his father, and the latter swore to
his ownership of the property. The defendant
claimed that this was mere cover to cheat
and defraud the creditor Of A. C. Fletcher, and
prevent satisfaction OF an honest debt incurred
by him. 1t appeared by defendants witnesses
that when the property was attached the
plaintiffs son, A. c. Fletcher, said nothing
about his fathers ownership of the mare, but
did say he claimed the animal as his exempt
team. The jury were inclined to believe the
representations of the defendant, and gave
him verdict for the return OF the property.
Brigham d Waterman and j. c. Burke for
plaintiff Philip X. Gleed for defendant
Eorman S. Adams Us. Herman Hayford
This was an action of trespass and trover, the
property in question being one buggy wagon
and certain harnesses. These articles were
sold for $40 to satisfy tax of $50, in school
district No. OF Eden. 1t appeared from the
testimony OF the defendant who was collector
in said district, that he never had taken any
oath of office, and this, it was urged by plaintiff
was fatal to the legality OF his action in the
premises, and to his attempted justification as
an officer. Under the decision of an Essex
county case, reported in the ffty-second vol
ume Of Vermont Reports, the court held that
the omission of defendant to take an oath was
fatal to his defense, and a verdict was ordered
for the plaintiff. John C. Burke for plaintiff
Brigham and Mcfarland for defendant Mr.
Brigham will take the case up and endeavor to
convince the supreme court that it is in error,
that collectors in school districts are not re-
CURED to be sworn, and rarely take any oath
Of office
John McGroken us White & Whittemore
was then taken up. 1t was an action of tres
pass and trover for the taking and conversion
of quantity of logs, and is now on trial
There is one civil case to be tried, viz, Romina
Fairbanks Us, Preston, and two state cases,
State Us. Gearwar and State vs Amber State
feited, and case continued on motion to chan
Ger. State as. LaPage, same dis position.