The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1885-05-06
LamOille County Court.

The April term of this court commenced
last week Tuesday, Hon. III. II. Powers,
presiding Judge Hon. Horace Waite and
Hon: Earl Guyer sitting with him. Rev. e.
j. Ward offered prayer. At the call of the
petit jurors, the following gentlemen re-
sponded, and were duly sworn and charged
by Judge Powers: II. ID. Davis, Belvidere;
NJ. NJ. Cornell, Freeman II. Dodge, Ashton
W. Edwards and Henry Fullington, Cam
bridge; John b. Adams and j. S. Emery,
Eden; George w. Blake, Lee Gates, V. A.
Gilmore and Theron II. Porter, Hyde Park;
j. Atwood Andrews and II. B. Bradley,
Johnson; George A. Cheney, A. b. HILL w.
G. McClintock, Albert Spaulding and Aus
tin wilkins, Morristown; George w. Adams,
Gilman S. Moody, Herbert f. Straw, Orlo b.
Towne and Orlando S. Turner, Stowe K. j.
Mann and Thomas f. Potter, Waterville NJ.
F. Darling, Geo. c. Davis and =. A. Stevens,
Wolcott. Charles III. Christy and Thomas
A. Riddle of johnson were called as petit
jurors, but excused from attendance. The
assignment of causes for trial by the jury
contained seventeen entries. Six of these
We're announced as settled when the cases
were called, several referred and some
continued. There were only two cases on
the civil docket to be tried-L. p. Butts u.s..
David Cass, and Robert Mackie and Wife as.
A. G.. Fletcher. There is one state case to be
tried-that of Myron Amber, for arson.
The respondent is also held on a charge of
breaking Jail.
Tuesday afternoon jury was empaneled
to try l.. p. Butts rs. David Cass. This was
an action to recover damage for an alleged
malicious prosecution. The case was tried
in December, 1888, resulting in verdict
for the plaintiff. The supreme court re-
versed it on error. The facts are substan-
| tally as follows: The defendant, Cass, had
a justice suit at Glover, and summoned as
witnesses the plaintiff, Lyman Peck and
John Bullard. 1t appeared that Cass prom.
! isp1 m nav the hotel hills of thpsp thrpf
persons but for some reason failed to do so
nor did he pay them their fees or expenses
They all brought suit to recover the same
against Cass. This suit was settled by Cass
who went to North Hyde Park, the home o.
| the trio, and paid what they claimed to set
tie the suit. Some time afterwards Cass
brought suit against each of The three mel
named above, and they had to 90 to Glover
to attend to those suits. Subsequently Cas-.
dropped the suits, and the present actor
was brought to recover damages for thi,
| last suit brought by Cass, which plaintiffs
claimed was brought without cause an(
from malice. The defendant claimed tina
at the settlement at North Hyde Park h,
told the plaintiffs they overcharged, ant
they must not complain if he called then
lover the ridge again" He also claimed
that they were to refund to him what h,
had paid over and above what the costs o
their suits would be to them. This last wa
denied by the trio, who testified themselve
and introduced testimony tending to shov
that the defendant at North Hyde Park ex
pressed himself as perfectly satisfied with tn
settlement, and parted in friendly wa
with the plaintiffs. The jury returned
verdict for the plaintiffs for S2S.11 damage
and costs Exceptions by defendant. Brig
ham & Mcfarland, +. b. Sawyer and T.
Boynton for plaintiff; j. G.. Burke, p. X
Gleed and Nelson Rand for defendants.
Robert MacEie and Wife rs. A c. Fletcher
| 11mD0pS
alleged slander. The parties live at Jeffei
sonville, very near each other. The test
mony of the plaintiffs is, in effect, that o
several occasions defendant had called Mrs
Mackie by most opprobious epithet. Thi
the defendant denies The case is now o
trial. j. j. Monahan, Jr., for plaintiff +,
Page, Jr., for defendant.
State u.s. Myron Amber is the only cas-
to try after the MackieFletcher case is di,
, posed of. Court will probably adjourn neS
, Saturday, as Judge Powers has to atten
supreme court at st. Johnsbury.