The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1888-04-18

Montpelier in 1876, with the intention of re-
on their little place. The question in the
case was as to the homestead right Judg-
ment that plaintiff recover $24 and rents ac-
curued since administrators came into pos
session. Exceptions by defendant. Heath
& Fay for plaintiff; j. n. johnson for de-
fendant
Town of Worcester u.s. Town of East
Montpelier, appellant, was a pauper case
arising under the act of 1886. The principal
facts were that one Daniel Durfee lived
with his father in Worcester from 1874 to 1879
In November, 1879 he was injured so as to be
unable to support himself. Daniel became
of age in 1876. His father supported him
until March II, 1881, when he applied TO
Worcester for help. He then had legal
settlement in East Montpelier, which town
supported him at his fathers in Worcester
up to December 28, 1886 Since then
Worcester has supported him at a cost of 50
per week, which it claimed to recover.
Judgment for defendant. Exceptions by
plaintiff Shurtleff for PLAINTIFF Ptkin &
Huse for defendant
Almira Hatch Us. Elijah Whitney, appel
liant, was an action of general assumpsit.
Plaintiff is nurse and claimed to recover
for her services (twenty-three and one-half
days, at % per day, as nurse TO plaintiff S
wife and child, rendered in February and
| March, 1881, at the defendants house in
MiddleseX. 1t appeared that the defend
ants wife died shortly after the birth of her
child. The child is still living. The de-
! fendant admitted the services, but thought
! there were only twenty-five days rendered
and considered 81 90 per day high enough.
He pleaded in offset wood sold and de-
livered to plaintiff prior to her services to
| the amount of SO. Plaintiff denied that she
! bought any wood of Whitney, and said that
the wood was bought by her son and paid
! for by his doing chores for whitney De-
] inf lGn tn1a Ha1 1nr do of tha
| justice court some five years ago. The
plaintiff recovered $3.50 and interest since
1881. The wood account was disallowed.
Pitkin & Huse for plaintiff; Heath & Fay
for defendant.
Eli S. Pitkn as. Edison Spencer. This
was an action for assault and battery. The
parties reside in Marshfield. 1t seems that
a Christmas gathering was held in 1886 al
the logging camp at that time owned by
Burt Batchelder, of whom the plaintiff had
taken job to cut logs. 1t was agreed that
there should be no intoXicants. Between
six and seven Pitkin met Spencer, who was
somewhat the worse for liquor, and who
asked him If he would take something
Pitkin said he would take all he had
Spencer handed the bottle to Pitkin
| who did not return it. Spencer did moi
seem to like this. About an hour later
and within the camp, the assault il
question took place. Pitkin ordered Spen
Ger, who, as he claimed, was still in
toxicated, from the camp. Spencer refused
TO go. The evidence tended to show tha
Pitkin placed his hands on Spencers shoul
ders. Spencer put his hands under Pitkin''
elbows and tipped him over. Pitkin fell OF
to stove and partially fractured his lef
shoulder. The stove was broken. Judg
ment reserved j. p. Lamson for plaintiff
Heath & Fay for defendant.
The following divorce cases were heard
Bessie Clark rs. Carl w. Clark bill granted
for intoerabe severity. Laura Winter rs
Gardner Winter cause alleged, intolerablt
severity; judgment reserved. Harriet c
Davis as. Oscar l.. Davis; bill granted fol
willful desertion; petitioner decreed as ali
mony household furniture and to recover
for personal services. Mary Lowell as
George w. Lowell bill granted for willfu
desertion.
Daniel McCarty Us. Thomas Cory was or
trial yesterday. Judgment reserved. There
will be only two more witness cases