The Middlebury register and Addison County journal. [volume] (Middlebury, Vt.) 1883-1885, 1885-12-18
Addison County Court.

| Hill of parts unknown; Flora \. Narney
! from Wallace w. Narney, both of Lin
coin; Eugene A. Ellison of Lincoln from
! Frank Ellison. now of Starksboro; Emily
| Dumas of Lincoln from Morris Dumas
| Phoebe Percival from Edgar Percival,
| both of East Middebury, for intolcrablc
severity; Mary Lucia from Joseph Lucia
| fol- same cause; custody of children
granted to the mother; both parties lived
in BrooksviIle when the trouble arose;
Henry Johndro of Middleburv from Mary
Johndro Allen j. Beach of Ferrisburgh,
from Loretta Beach, for adultery with
Carlos Seymour. with whom she is now
living.
The liquor case against f. W. Stow of
Middlebury was tried last week. Stow
is a son-in-law of Z. II. Mcleod, who de-
| Tended him. The offence charged was
furnishing liquor to parties from East
Middlebury and arose from disclosure
before Justice. The jury returned
verdict of not guilty. There was a case
tried by the court, j. l.. Stacy of Benson
against j. and A. Munger of Orwell. The
amount involved was only SD, and the
| plaintiff who was beaten at the Justices
court, appealed. Judgment was again
rendered against him, but he took eXcep-
tions for the Supreme court.
The replevin case of Stapleton against
Hope was heard as to amount of dam
ages to be awarded to the defendant for
the detention of his horse. G. A. Chap
man. Middlcbury. stated that he sold the
horse for Sl3j. for Mr.. Stapleton. but did
not tell the vendee. Mr. w. Farnham.
that there was litigation concerning the
title to the horse which had not been de
cided. This renders Mr.. Chapman liable
for the value of the horse. and there is
likely to be another law suit about this
brute. After the hearing the court
awarded $50 damages and the return of
the horse.
The trial of the case of State against
John G.. Flint of Hancock was begun
Tuesday morning, Messrs. Ballard of
Burlington and Plumley of Mortified
appearing for the respondent, while
Lieut.. Gov. Ormsbec, W. III. Bliss of
| Rochester and f. G. Smith. partner of
Mr.. Woodbridge, assist the latter, who is
acting as States attorney. Mr.. Smith
made the opening statement for the State,
and Mr. Ballard for the respondent.
james WEIGH, feeble old man, about Sc
years old, was the first witness called for
the State. Mr.. Welch was the man who
was robbed. He stated in substance that
he was alone in his house on the night of
June 6, 1881; that he had about SlG0 in
money in his possessions; that went to
| bed with his trousers on, and in one of
| the pockets was his wallet containing
500 and some notes; that he was awak-
ened by two men in the room, who seized
him and held him while they searched
for his money; that they took the wallet
out of his pocket and left. The most i'm
portant witness for the State was Char
lie Blair, a bright-looking, rosy-cheeked,
boyish fellow of u years. Blair was
sentenced year ago this term on his own
confession to two years in the House of
Correction III Rutland for engaging in
this burglary. He was brought here to
testify. Blair's father married the daugh-
ter of Welch.an the boy was peri, city IA
miliar with the house and locality, which
is about IA mile and half from Hancock
village. He stated that Flint proposed
the robbery to him while they were ON "A
fishing excursion. and on the evening of
the same day they left the Ii tel shortly
after ten o'clock, wore masks. broke into
the house. secured the wallet. divided the
booty and Went home; that the whole
transaction did not occupy much more
than an hour. Several Witnesses were
called to COTrobOratc the minor details of
Blair'S story, which was very simple and
natural and straightforward on the
whole. John c. Flint is rather good
looking man of 80. with a keen dark eye
and black mustache. He denied all
knowledge of the robbery until after it
was committed. and. of course, all impli-
cation in it. He cl1imcd he was at home.
abed, at the time the robbery was alleged
to have been committed. His father.
who lives in the village of Hancock, and
his mother. subStautiatcd his statement
about this. Flint claimed that he left the
State and went under an assumed name
not to escape trial, but to avoid arrest OF
a civil suit with which the father of Blail
was threatening him, on account of the
injuries Welch sustained. He claimed he
had no intention of leaving his bondsmer
: in the lurch, but was intending to comt
back here for IA trial. He admitted thai
he tried to escape the officer who ARE ,teC
, him in Massachusetts, but did not know
that he wanted him on his bail. His Sto
ry was plausible. but rather supicious
The defence try to account for Blair.
conf ssion on the ground that he thought
he would get a lighter punishment by
throwing the blame on some one else
The evidence in the case was all in Wed
nesday night, Yesterday morning Mr.
G Woodbridge made the opening argument
5 for the State. MesSrs. Plumley anc
Ballard followed for the defence and Mr.
Ormsbee closed for the State. The Jury
y will probably take it this morning.
John w. Martin says he was nJsrepre
i. sented in the court report of last week
that he did not resist payment of the bill
= of n. F. Rider and others because ther,
II were items of liquor in it. and does no
c know whether there were such items o.
!. not. lie says he had a judgment agains
the late Mr.. Orchard for over $500, an(
/ there was an agreement between him anC
y Mr. Orchard that he (Martin) was to hav,
goods from the drug store and Mr.. Biz
n chard was to allow them to 90 in pay
ment of interest on the judgment. But Mr.
y Birchard having died this arrangement
e could not be pleaded; hence the case wa
settled as stated.
The Iiuuor LAW In MiddIahurv