The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1885-09-16

traded to him as with foal that she was only
twelve years old; that she could eat dry hay
and oats; that she was not lame, and so on.
Also that, few days after the trade had
been made, he found that all this was false,
and that he then went and demanded the
defendants to trade back, rendering them
their old mare and boot money; that they
refused, and so this action was brought.
The defendants objected to any such testi-
mony being admitted, upon the ground that
the defendant Josiah Smith was minor at
the time of the pretended trade and could
not be held liable in any action that sprung
from contract The court sustained the
objection, and then ordered verdict for
the defendants, to which the plaintiff took
exceptions, and the case will go to the SUI
preme court to have the law settled upon
this point before trial. Senter x Kemp and
G.. w. Wing for the plaintiff; G. f. ClOugh
and VIM. p. Dillingham; for the defendants
This case ended all the cases on the first
days assignment, and the court took re-
cess until Monday.
Charles f. Stevens as. ID. W. Dudley
The names of the persons selected for the
" struck jury " in this case are as follows
Barre, Ell Holden, A. f. Field, Nat. Whit
tier; Berlin Arthur l.. Hewitt, Levi Strong;
Cabot Charles Howe, Roswell Laird; Dux-
bury, Darius A. Gray, w. r., Strickland;
East Montpelier, II. =. Wooster; Fayston,
l.. NJ. Tyler; Marshfeld, Henry Hobart,
Perley Whitcher; Middlesex, G. G. Putnam,
Otis c. Leland; Montpelier, Fred E. Smith,
w. w. Park, l.. =. Gleason, j. G. Houghton,
j. w. Peck, j. II. Burpee, Daniel f. Long;
Palmer; Mortified, Fred Parker, G. A.
Richmond Frank Preston, III. X. Brown,
A. f. Denny, w. w. Holden; Plainfeld;
Herman Cutler; Roxbury, George B. Hall,
Ora Boyce, George A. Young;. Waitsfeld,
W. A. Jones, George L; Walbridge, g; E.
ton; Waterbury, l.. H. Haines, George w.
Randall, f. b. Huse, w. II. Elliot, G. f.
Richardson; Woodbury., Edmund e. Ball
Worcester, c. C. Tewksbury.
From this list the plaintiff struck the fol-
lowing names John W. Peck, Henry Ho-
bart, j. c. Houghton, W. w. Park, i. NJ
Tyler, Herman Cutler, w. w. Holden, c.
| G. Putnam, Frank Preston, Hubbard Pal.
mer, Fred Parker and Arthur l.. Hewitt
| The defendant also struck the following
names: E. b. Huse, W. II. Elliot, George b
Hall. w r. Strickland. l.. III. Haines. A. e
Field, Eli Holden, Darius A. Gray, G. c.
Tewksbury, Perly Whitcher, Edmund E
Ball and II. p. Wooster.
From the remaining twenty-four the jury
were empaneled, and were called as fol
lows on Tuesday morning: John Thomas
and M. S. Hathaway, Calais; w. A. Jones
Watsield; G w. Randall, Waterbury (whc
was excused by consent of both parties 10y
reason of sickness in his family; George A
Young, Roxbury; l.. NJ. Heath Warren
Nat. Whittier, Barre Excused by reason o
his being unable to attend on account o
busness); Roswell Laird, Cabot Oti
Leland, Middesex: A. E. Denny, II. r
Brown and G. S. Richmond, Mortified
George M. Fletcher, Moretown Excused b,
reason of his being postmaster); c. E
Jones, Watsfeld; E. w. Slayton Warrel
Excused by reason of relationship; G.. E
Richardson, Waterbury Excused for cause)
G.. l.. Walbridge, WaitStield.
The case was begun at half-past clever
o'clock Tuesday forenoon, and will probabl.
consume all the time of the present week il
its trial.