The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1888-03-21
Washington County Court.

Washington County Court.
Hon JOHN W. RowELL. Judge.
Hon. IRA S. DwINELL, ! H'o'''o"' '""9eS'
f. III. ATHERToN, Sheriff.
e. w. BrsBEE, States attorney.
M. f. SMILE. Clerk.
Court convened Monday afternoon at two
o'clock. Prayer was offered by Rev. How
ard F. Hill.
The following list of petit jurors received
the oath and were then instructed by the
presiding judge in regard to their duties
Barre, Oliver Blanchard Ira l.. Gale Ber-
lin, w. A. Leland; Cabot Heman Osgood
Fred Marsh Calais, H. w. Bullock, Joseph
A. Slayton; DuXbury, Kerry Connely; East
Montpelier, Elisha Cove, Herbert Keton;
Fayston, S. Johnson; Marshfeld B. b.
vanus Daniels; Montpelier, John Mooney,
A. ID. Farwell Moretown, George f.
Murray; Northfeld, C.. ID. Edgerton Rox-
bury, NJ. E. Chase, William X. Royce;
Waitsfeld, NJ. l.. Richardson; Warren, ID.
e. Dimick, Myron r; Goodspeed; Water
bury, Henry f. Hill, Frank Barrett; Wood
bury, w. II. Waite; Worcester, w. f.
Bruce.
Cabot Carriage Company as. I. f. Patter-
son, appellant, was the first case called. This
case has been on the docket since the March
term, 1878. AT the September term, 1880,
it was referred to T. p. Redfield and has
fingered along since, having been partially
heard by him, but owing to his ill-health
reference was revoked at the last September
term. This was an action of trespass. The
defendant pleaded the general issue and
settlement. The plaintiff traversed by de-
nying any settlement. 1t appeared from
the plaintiffs witnesses that in 1885 one
Andrus bought of the Cabot Carriage Com
pany Portland sleigh, for which he gave an
old sleigh and lien note of $50 dated
hnr - haf off arHG thn al
fendant PATTERSON, being deputy sheriff at
the time, by virtue of a writ brought by one
Kiser attached and took away said Portland
sleigh The sleigh was afterwards sold.
This is alleged to have been done January
!, 1873. The note came into the possession
of the Barre Bank and by said bank was
placed in the hands of j. p. Lamson. Esq,
for collection January s, 1873. A justice
suit was brought in 1878 1t appeared that
a petition to enter into insolvency was
filed by the Cabot Carriage Company Au-
gust 81, 1873; that receiver was ap-
pointed and took possession in Septem-
Der, 1873; that this receiver gave notice in
the presence of witnesses to Andrus not
to pay anything on the said lien note eX-
cept to himself, Lamson or the Barre Bank.
Here the plaintiff rested The defendant
questioned the right of the Carriage Com
pany to bring suit and insisted that the
property was in the Barre Bank. He
claimed, and his evidence tended to show,
that the plaintiff was only nominally such.
The court ruled that in trespass the plaintiff
must have actual possession of or special
property in the note, and found that he had
no immediate right of possession. The
! court ordered a verdict for the defendant.
Exceptions by the plaintiff. j. p. Lamson
and G. III. Heath for plaintiff; w. w. Miles
and Frank Plumley for defendant.
State as. Henry Freuier was then brought
up. c. III. Heath appeared for the bonds
men of Premier and said they were ready
to surrender the respondent (Frenier) into
] court. This was prosecution for sell
ing liquor. 1t seems that bonds were
called at the last September term. The
case was brought forward so that the bonds
men would not have to pay said bonds.
The respondent pleaded guilty to five sec
ond offences and was fined by Judge Row
ell 500 and costs. with alternative sem
tence and thirty days additional imprison-
ment in the house of correction The costs
Were S3392 commitment, S2210 G. W.
Wing appeared for the respondent
Walter Haseltine rs. Albert Hasetine.
This case was on trial yesterday and was a
case of trespass Qudre clduSuin, plea general
issue and notice. 1t seems that in 1884 G..
f. Moody of Waterbury, for consideration,
made a contract with the Winooski Valley
Agricultural Association, by which he
agreed to let said society have land on
which to make trotting-course and hold a
fair, reserving the right to use of land eX-
cept when needed by the society. In July,
1886, Moody quit-claimed said land to the
plaintiff, subject to the limitations as per
contract with the Agricultural Society.
This land is in Moretown, near Water
bury village, on the turnpike leading
from MiddleseX village. In order to build
the trotting-course it was necessary to have
a portion of the old road thrown up and
a new road established, which was done by
the selectmen of Moretown, and plaintiff
claimed said throwing up of road was re-
corded by the town clerk of Moretown.
The trespasses alleged took place between
July l, 1886, and February l. 1887. The
plaintiff asserted that defendant claimed
right of way over the old road and had
passed over the old road continually, which
the defendant admitted, Both parties
agreed that there were no facts for the jury
TO find. The plaintiff wished to establish
that the defendant had no right of way and
claimed only nominal damages. The court
found that the throwing up OF the old road
was properly recorded in 1885; that the
plaintiff had good title TO the land, and
that consequently the defendant had no
right of way, to which the defendant ex-
cepted. The court ordered verdict for
the defendant Of one cent damages and
costs. Clough and Haseltne for plaintiff
Deavitt and Heath for defendant. There will
be only one more civil case for the jury