The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1889-12-25
Orange Comfy Court,

ADAMS OF hdnuOIpn, assistant Judges, y.
B. Hebard, clerk; f. NJ. Collins, sheriff;
J. ID. Denison, states attorney, and John II.
Mimms reporter.
The following were summoned as petit
jurors, of whom Messrs. Merrill, Lucas, San
born and Darling were excused for the
term. Bradford, Frank Mason and Jesse
NJ Merrill; Braintree, George |. Ford and
G.. NJ, Bass; Brookfield, George b. j. Hall
and Frank o. Allen; Chelsea, William
Laird and j. M. Flint; Corinth, John G.
Hastings and l.. j.. Rowe; Fairlee, Stephen
b. Poor and Abel A. Heath; Newbury,
Nathaniel Robinson and Oscar A. Renfrew;
Orange, Alvin Il. Smith and Chester Cole
man; Randolph, James b. Adams and
Clark s. Hall; Straford Charles n. Cove
aud William r.. Sanborn; Thetford, Lowell
Daniels and G. T. Lucas; Topsham, Will
lam Morrison and George E. Newton; Tun-
| bridge Daniel Noyes and Royal II. Drew;
! Vershire, p. H. Darling and Cornelius
! Foley; Washington, Martin w. Chamber
| lin and Austin L. Skinner; West Fairlee,
S. II. Martin and NJ. Miller; Willamstown,
Henry j. Martin and Nathan Hall.
OF the one hundred seventy-three cases
on the docket twenty-five had been put on
the jury list, but on call of the calendar but
twelve were marked for trial by jury, and
this number shrank to four before the week
| ended. There We're thrty.sx cases on the
chancery docket when the term began.
The first case tried was that of George A.
Ames a. Co. rs. Gardner S. Melendy, an ac-
| ton of special aSsumpsit began in Decem-
Der, 1885, and entered at the December term
of this court in which the defendant was
charged with breach of contract for not
getting into the Connecticut river several
thousand feet of logs, which he had on
the bank at his brother Tra's farm in Fair
lee, and driving these logs as eXpeditiously
as he could fifteen or eighteen miles down
the river, to the plaintiffs mill in Norwich,
about October 10, 1885, which the declara-
tiOn alleged the defendant agreed to do, and
! also allpupU that DppauSn Of Upfpn1ant'9 de-
lay in getting his logs into the river and
driving them down, a heavy rain inter-
vening, the river suddenly rose and brought
down lot of flood-wood against the plant
ifs boom, which broke the boom and let
out the plaintiffs logs and the defendants
also, carrying them along to Bellows Falls
and some even to Turner's Falls, The de-
Tense was general denial of this contract
and a claim that the logs, three hundred
siXty-three in number, making 10000 feet or
more, were got out and sent down the
river in compliance with another and
wholly different contract, which Melendy
entered into with Charles Chandler, Ames'
partner, at Strafford, and not, as plaintiff
Ames testified, in accordance with con-
tract made between defendant and himself
at Norwich. The trial consumed three
days, the jury receiving the case after
thorough and able charge from Judge Row.
ell, at five o'clock Thursday afternoon, and
that evening returning verdict for the de-
! fendant, finding also that defendants con-
tract was with Charles Chandler. d. G.
Hy lie and S. c. Shurteff were attorneys for
plaintiff John III. Watson and r. NJ. Har-
vey for the defendant.
, The next case was Roxana Prescott U.s.
| Town of Vershire, an action of general and
r special assumpsit the latter counting on
a town order originally drawn to John A.
, Robinson and accepted by the treasurer,
, about September 10, 1879, and soon after
, transferred to Orange Prescott, who was
, plaintiffs husband. The declaration al
leges that Mrs. Prescott was now the sole
owner and holder of the order being the
only egatee of her husbands estate, and
= having been decreed this, with other prop
l erty, by the probate court on the settlement
! Of his estate The defense had filed the
: general issue and several pleas in bar
> among them one setting forth that the ac
, ton did not accrue within six years before
suit brought; which plea was traversed by
the plaintiff. After h. w. Barrett, former
town treasurer, had testified Judge Rowell
intimated that as the claim accrued with
, the acceptance of the order on September 10,
= 1879, and the declaration did not set up a
; new promise since, therefore the plaintiff
= could not put in evidence of new promise
= in the then state of the pleadings. The
plaintiff accordingly asked leave to amend
: her pleadings by Withdrawing the traverse
. and replying new promise to the non dccrept
= plea, which leave was granted, and the case
continued on usual terms as to the plaintiff,
which means that the plaintiff take no
costs of this term and pay the defendants
costs II. M. Harvey and S. c. Shurtleff for
r plaintiff; j. III. Watson and j. X. Darling
Y for defendant.
' No other case being quite ready, the rest
t Of the day was spent in attending to orders
! and motions, both In cases at law and in
Q chancery.
t Saturday morning was begun the case of
Electa T. Whitney Us. j. NJ. Beckett, an
action of trespass, alleged to have been COM
y mtted at Williamstown, May 20, 1886. The
0 defense was general issue, with special
: plea in justification, setting forth that de-
\ fendant was acting as an officer in the sery-
e ice of a body writ, and as such arrested and
2 detained the plaintiff a short time in per-
, forming his duty under his process. After
= the plea in justification was read, Judge
, Rowell said. 81 did not observe that the
r plea set forth any return to the court of the
: process under which he was acting" No"
} said Attorney Fay, " because, as matter of
T fact, the writ was not returned, the suit
having been settled before trial" Judge
a Rowell suggested that under the decisions
t and Wright as. Marvin, Fifty ninth Ver-
V mont, no justification could be made out,
: hence the only question was that of dam
a ages, and asked If the parties could not
settle that matter without troubling the
jury The counsel so thought, and after a
few minutes negotiation outside of court
the counsel directed the docket entry set
tied " and the court ordered the jury fee to
| be RENTED. u. ID. benson was attorney
for plaintiff; A. G.. Fay for defendant.
The call of the jury calendar showed but
. four civil cases left for trial. the two first of
a which are suits for slander-one from Ran
5 -dolph, the other from Strafford. The case
: of State u.s. Adelbert Alhn, an indictment
for adultery, in which the jury disagreed
= last term, was assigned for Tuesday, the oath.
: Court took a recess over Christmas day.
: There are forty new entries on the law
) docket and ten in chancery. The divorce
: petitions are less than usual. On the criminal
( calendar, liable TO be tried this term, there
. are besides that of Albin, already assigned,
{ the cases of State as. Carl G.. Ehstrom and
. James Foley indicted for burglary, in
I which the jury disagreed last term, State
= rs. Allen II. Flint Jr., assault and battery,
and State rs. John IL. Mayo, forgery.
THE remodeled and enlarged First Bap-
8 tist church at Brattleboro was rededi-
5 Gated with interesting ceremonies last week
. Wednesday night Rev. o. Clifford of the
( Warren avenue Baptist church preached
7 the dedicatory sermon, and Rev. DIR. j. c.
Y Foster. of the editors of the W1tch1n0A