The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1888-04-25
Washington County Court.

Daniel McCarty rs. Thomas Cory, appel
liant. This was an action of trover for a
hefer Plaintiff, in 1887, rented what is
known as the Lennox pasture, situated in
Berlin in the vicinity of Jones brook. In
the latter part of August he missed the
hefer and got out replevin writ against
the defendant, which he gave to Deputy
sheriff Davis to serve, but on search the
hefer could not be found. Afterwards the
hefer was found in an adjoining pasture
Plaintiff claimed and his evidence tended
to prove, that the defendant took the heifer
ont of the pasture and returned the same to
the pasture where found Plaintiff claimed
to recover for the expense on account of the
search and for damage to the heifer. De-
fendant did not deny taking hefer but
claimed that it was one he lost the March
previous; that he got this heifer out of what
is known as the Hill PASTURE that this
heifer was shortly afterwards butchered
! Plaintiff, by way of rebuttal, introduced
evidence to show that the heifer that defend
ant claimed to own was still alive and in the
possession of Michael Cory the defendants
brother. The court gave Judgment for
plaintiff for So and costs. Exceptions may
be alleged and taken and the cause pass to
the supreme court f. Plumley and G.. w.
| Wing for plaintiff Heath & Fay for de-
/ fendant.
| Devereaux & Meserve rs. Babcock &
Barnard. General assumpsit; plea the gem
eral issue. On trial it appeared that the
plaintiffs were wholesale liquor-dealers in
! Boston, Mass, and had United States and
city of Boston licenses to sell Intoxicating
| liquors in Massachusetts. The value of
! liquors sold was S2,139,66, with general
credits to the amount of 81 ,376.75, leaving a
balance of S7629. The defendants We're,
and are, residents of Montpelier Vt, and
We're partners, doing business in Montpelier
from April II, 1885, to August ., 1886 in which
period the liquors were sold. The defend
ant Barnard was, and during this, time the
! plaintiffs agent to sell Intoxicating liquors
in Vermont, and by letters from Vermont
some signed by the firm name and some
with his own name-ordered liquors to be
sent Babcock & Barnard The court found
that Barnard gave the orders as a member
of the firm of Babcock & Barnard and not
as agent of the plaintiffs. 1t appeared that
the defendants were not agents authorized
by law to sell Intoxicating liquors. The
| liquors We're furnished by plaintiffs upon
orders received by them in Boston and
were there by them delivered to a common
carrier, consigned to defendants in Mont
| peler, and the plaintiffs had reason to know
the fact that they were purchased for illegal
sale in Vermont. The defendants claimed
that on these facts the plaintiffs could not
recover. The court ruled otherwise and
gave judgment for plaintiffs for S7629l
with interest from August 9, 1886, and costs,
to which defendants excepted. Exceptions
allowed, execution stayed and cause passed
to the supreme court. G. w. Wing for
plaintiffs; Pitkin & Huse for defendants.
James r. Langdon rs. Horatio Tempeton
ct al. This was a bill brought in chancery to
enjoin some suits in trover for the timber cut
on some lots in Worcester, which lots both
the orator and defendant claimed. The case
| involves the effect of some tax sales made
over sixty years ago. The hearing was had
on a motion to dissolve the temporary in
junction. The chancellor has not yet given
his decision. Pitkin q Huse for orator; j.
a. & &. w. Wing and Shurtleh for de-
fendant.
The three liquor cases of State rs. Clark
Roberts were disposed of yesterday. Bonds
We're called in the earlier part of the pres
ent term and bench-warrants issued. Re-
spondent was surrendered into court by his
bondsmen. He was arraigned and pleaded
guilty in the two nuisance cases. He was
fined S75 for one and $50 for the other
He also pleaded guilty to keeping intoxi-
eating liquors with intent to sell. 1t being
the first offence, he was fined $40 and costs
States attorney for state; j. H. Senter for
respondent
Lucy j. Barnes u.s. Calvin NJ. Barnes and
Calvin M. Barnes rs. Lucy j. Barnes. Both
parties petition for a divorce. The two
cases We're consolidated. Lucy j. alleges
intolerable severity and Calvin NJ. alleges
adultery. This case has been on trial since
Thursday morning and prevented the tina
ad journment of court last week. A reces,
was taken Saturday evening until Tuesday
The court was in session last evening
Henry Ballard of Burlington and Il. j
Deavitt for Lucy j, Barnes; Heath Il Fa-
and G. f. Clough for Calvin Nj. Barnes.