The Londonderry sifter. (South Londonderry, Vt.) 1883-19??, 1889-03-28
WINDHAM COUNTY COURT.

Stedman. On one of these lots the
rc pondent erected one small cottage
Ii he fall of 1887, and another on
the other lot in the spring of 1888
After the erection of the first house
the selectmen were notified that it was
in the highway. Following this came
petition requesting them to take ac-
ton in removing the building. Upon
this the selectmen called upon Mr.
Johnson and told him his house was
in the highway and that he must moi
erect the second house SO far in
toward the road. AT this time they
promised some pecunlary inducemenl
to Mr.. Johnson if he would remove
his building. This Mr.. johnson
claimed was insufficient to make him
whole and refused to accept theil
terms rs he claimed he was not in
the highway. Following this he
erected the second building in the
spring of 1888. Last fall the Grand
Jury found an indictment against Mr..
johnson and the case came up fol
trial Wednesday of last week.
The first witnesses in behalf of the
state were George Ii. Clark and
Judge II. Ii. Wheeler of Brattle-
boro and Stephen l.. Dutton OF
Dummerston. These parties had sur
veyed the highway leading past
Johnson's houses as indicated by
plans of surveys made in 1925 and
1928. In running out these old lines
they found the houses in question
were 10 l-2 feet in the highway ac-
cording to the survey of 1925, and
aoout 8 feet by the survey of 1928.
The state attempted further to prove
that though the travel had been forced
further north by reason of the bank
caving off at this place, where it was
very steep and washed badly, yet the
land where the road once was had
fsh- ..4A,' hnn,, sainad by -Iohnson's grant
ors by adverse possession, and SO had
never been legally abandoned, so it
was the property of the public as
much as if it had been used continu.
ally since 1928.
The testimony in behalf of John
son tended to show that the land
where his buildings now are was en-
closed and occupied by his grantors
for a good many years prior to 1855
when the statute made it impossible
to gain title to highways by adverse
possession, and that they gained title
to it; that the road at this place was
upwards of three rods wide and that
the buildings were placed several fee,
down the steep bank and we'll out of
the way of all travel.
The respondent further attempted
to show that his buildings were not in
the highway according to the surveys
of 1925 and 2S. In support of this
claim he produced Samuel Phelps OF
Grafton and Charles L. Wolcott OF
Gr, enfield, Mass, both surveyors
who testified that they had made 8
survey of the highwoy in question ant
found Mr.. Johnson's buildings were
two or three feet soush of the high.
way at tina. point.
The case was much longer than was
expected. The evidences was not al
put in until Friday night. The cour
then adjourned until Tuesday morn.
ing.
f, State Us. Johason.-The jury in this
case brought in a verdict of not guilt,
after being out only a few minu ties.
| State Us. Michel Baher.-Baker came
into court Wednesday aftern ION and
pleaded guilty to breaking into the store
II Stockwel Bros in Brattleboro las
winter, and taking thel efrom ar ticles tt
the value of about 50 90 in money. His
sentence was 4" Confinement in the State
Prison at Windsor for three years anC
six months and costs"
State Us. Emma Smith.-Ihis young lad,
! is the one who was found with Baker ol
the night of his arrest. aud was in poses
sion of stolen goods She pleaded guilt.
to having received stolen goods know
ingly from the thief to the value of les
than 500. Her fine was fixed at 5000
without costs. Miss Smiths fine wa,
soon raised and paid, and she will nov
have her liberty.
Court rose Wcdnerday afternoon afte
a session of two weeks and two days.
Man, causes have conspired to make it {
! pl asant term. The weather has beer
exceptionally fine. Not little of tn
enjoylbleness of the term is due to tn
nan er in which Judge j. NJ. Tyler ha
presided. Judge Tyler receive his ap
pointnent in September, 1887. Since tina
time he has been holding courts constantl
in he other counties of the State, and hi
own county was reserved until almost tn
last for him, tie present being his firs
term. After listening to his rulings il
the five cases trid, the bar heartily EN-
dorses the many flattering comments tina
Judge Tyler has received throughout til
Sta,e. Uniform courtesy and fairness a
@ell as tia legal acumen and knowledg
hate characterized every act of his
Windham county people are justly prou
of the record Judge TYLER is gaining fo