The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1886-03-24


them to drink; that they complied with the
request, and were so well satisfied with the
liquor that they gave him fifty cents and
sent the "stranger" in search of more
whiskey, which he procured and brought to
them in pint bottle; that they drank of
this bottle of whiskey and wandered up and
down the streets of the capital until about
five o'clock, when one of the guardians of
the peace arrested them and lodged them in
the county Jail that just before their ar
rest they went into Lanes drugstore and
bought a bottle of vaseline, but did not pro-
cure any Intoxicating liquor; that they did
not go into any saloon in Montpelier that
day. They admitted that later in the after
noon they went into the respondents store
and that he refused to sell them anything to
drink. John Jondro swore that one time
since the arrest of the respondent in this
case, when he and his brother William were
at Montpelier, one Brassaw, who is brother
in-law of the Jondros, came to them and
said the respondent wanted to see them;
that they went into his store and that there
he offered to pay their fines and make them
a fine present if they would forget about the
matter, and that they refused. But William
Jondro denied this transaction, as did Bras
saw. The evidence of the respondent
tended to show that the Jondros came into
his store and wanted some liquor: that he
refused them, and that they then asked for
some almanacs and he gave them one each
from three piles. The respondent the clerk
and Colonel Horace Mills swore that they
were refused and went away from Bascoms
without any liquor. Officer Demeritt testi-
fed that he saw the Jondros on the street
and warned them off; that they went into
Lanes drugstore, and that when they went
in there they did not have any package
under their arms or with them but that
when they came out and he arrested them
they did have the package which contained
the alcohol. The case was very thoroughly
tried on the part of the state by Hon. Will
lam p. Dillingham; and j. p. Lamson, Esq,
who were assigned to conduct the prosecu-
ton by reason of the illness of the states
attorney, and on the part of the respondent
by Messrs. PitlSin & Huse. The case con-
sumed most of the time of one day, and
after thorough charge by the court the jury
retired and considered the case for about six
hours, but they failed to come to an agree
ment and were discharged. 1t is under
stood that the jury stood nine for conviction
and three for acquittal; that the three who
were in favor of acquitta were Mr.. Tilden
of Northfield, Mr.. Heath of Warren and Mr..
Childs of Moretown-one democrat, one re-
publican and one greenbacker The trial of
the court cases was then begun.
j. S. DODGE Us. ID. w DUDLEY.-This was
an action to recover for the damages, by
way of loss of services and expenses of the
sickness of plaintiffs wife, caused by the
wrongful act of the plaintiff in turning Will.
Stevens team off from the Playground in
East Montpelier in 1S74-the celebrated case
| which has caused so much litigation since.
The plaintiff and his wife brought their ac-
ton against the defendant and that case
was tried and resulted in a compromise ver-
| dict for the then plaintiffs for the sum of S..
AS that case was between the same parties
| and involved the same issue, it was conclu-
| sive of the defendants liability in this case,
and the only matter at issue was the
amount of damages caused the plaintiff. The
| t,.N,..
memory of the witnesses varied much and
there was considerable conflicting testimony
and the court, in announcing the decision
remarked that they were not of the same
mind as to the amount of damages to be al
lowed, but that they all had different est
mates, but had finally settled down and
agreed that the judgment should be S12;
and costs. John G.. Wing for plaintiff
Heath & Willard and S. G. Shurtleff for de-
| fendant.
f. M. WILLIAMS as. LILLIAN E. WILL
LAMs.-This was petition for divorce, and
was held by the court.
PERLEY BELKNAP u.s. ELY FOUNDRY Com
PANY.-This was an action of general as
sumpsit to recover for the rent of the Bel.
knap foundry for one year and nine months
| The plaintiffs evidence tended to show that
he rented the foundry to the defendants foI
the sum of 500 per year; that lease was
made by one of the defendants, but that
had not at that time agreed upon any specific
sum; that they brought the lease to him to
| sign and that he filled in the amount of rem
at 500; that they did not sign it, but took
and kept the foundry for the length of time
he claimed and that they should pay for il
on that agreement The defendants pleaded
in set-off a large sum that they had paid
Mr.. Belknap, most of which was admitted
| They also claimed that no sum was agreed
upon, and they understood they We're tc
pay for rent what the foundry rent was rea
sonably worth; that it was reasonably wortl
plaintiff to recover $500 and his costs
James n. Johnson for plaintiff; Franz
Plumley for defendants.
ALMoN HOLMES rs. A. j. MoRsE.-Thi
was an action for damages caused the plain
tiff by the seduction of his minor daughter
Rosa Holmes, since deceased. A descrip
ton of the evidence is not thought to be de
sirable for publication, and is therefor,
omitted. Judgment for the defendant
Senter & Kemp and S. G.. Shurtleff fo
plaintiff; Heath & Willard for defendant
HENRIETTA JONES u.s. ALBERT JoNEs.-Di
vorce. The petitioner alleged various act
of intolerable severity, such as continued
drunkenness and communicating to the pc
titioner of a loathsome disease. Particu
lars omitted) Petition denied. Pitkin 4
Huse for petitioner; Heath & willard ant
j. w. Gregory for petitionee.
JOSIAH GALE as. HARRY MoRsE.-Thi
was petition for the allowance of an ap
peal. The petitioner claimed, and his evi
dence tended to show, that he was sum
moned as trustee in the case of Morse as
Hancock, and that after suit was brough
he saw the plaintiff in the last case and ha,
talk with him in relation to an adjourn
ment of the hearing; that Morse told hin
he would see his attorney o. l.. Hoyt, an,
let him know TO what day it should be con
tinued; that he heard no more from hin
until after the return day of the writ, whel
he learned that the cause had not been con
tnued and that judgment had been rendere,
against him as trustee The petitione
claimed, and his evidence tended to show
that he had some talk with petitioner, VIII,
requested that the day be changed tina
he told him if he concluded to agree to al
adjournment he would send him word bu
that if he sent him no word that the cas-,
should go on; that he sent him no word an,
that when the return day arrived he tool
Judgment. Appeal granted without costs
Boyces for petitioner; o. l.. Hoyt for pc
titionee
MAHALA BoYLEs as. HEZEKIAH BoYLEs.-
Divorce. Cause alleged, intolerable severit,
and desertion. Petition granted for deser
ton; custody of minor children given I,
petitioner. o. l.. Hoyt for petitioner; n,
appearance for petitionee.
ALICE SANDERS rs. CLARK w. SANDERS
Divorce. Cause alleged, petitionee beinl
sentenced to state prison for a term of NOR
than three years. The hearing in this cas