Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1889-09-09
Orleans County Court.


iff Miles, and the session had commenced
with Chief Justice II. c. Royce presiding;
G. P. Owen and S. r. Davis associates.
Miss Bissel of ST. Johnsbury is doing
the stenographic reporting. The list of
the grand and petit jurors was published
in the MONITOR, Aug. 26.
The court remarked to the grand jury
that it was a statutory requirement that
it give them it's advice and instruction,
which the judge proceeded to do, also ap
pointing Chandler Bailey their foreman.
Deputies N. M. Scott of Barton and S.
F. Phelps of Albany were sworn to take
charge of the jury.
The oath was administered to the petit
jury, and the court instructed them al
considerable length upon their separate
and distinct obligations, embracing their
obligation to we'll and truly determine all
cases according to the evidence produc-
ed in court, to keep their own counsel,
that is to say, not only refrain from
speaking about the matter under cOnsid-
Grafton, but to absent themselves from
the hearing of those who were talking
about it, and to not tell their verdict even
after sealed and delivered to the foreman.
The first case put on trial was Coburn
VS.. Paine. This was an action brought
by Silas Coburn against B. F. Paine, both
of Jay, to recover on contract to cut
and skid logs on the Edwards and Ovitt
lots at Is cents each for hard wood and
IL cents each for soft wood. LII. Thomp-
son AMI j. c. Burke, for Plf., and III. G.
Wilson and Dickerman & Young for Deft.
Job was let on the 9th day of Sept, 1887,
and in the January following the Plff.
abandoned the work. Plff. claimed that
Paine agreed to furnish funds for carry
ing on the numbering, and Deft. admitted
that he agreed to furnish some funds and
feed. Plff. swore that logs were to be
counted in the woods. Deft.denied that,
and testified that it was expressly under
stood and agreed that said logs were to
be neither counted nor paid for until he,
(Deft.) had delivered them to his mill in
So. Jay. Pltf. was positive that there was
nothing stipulated in the contract with
reference to Paines right to haul the
logs over Plff. s land, or that he (Coburn)
agreed to keep the roads across his own
land free from distractions and passable.
This evidence was strongly rebutted by
Paine, who claimed it as a material part
of of the agreement that Plff. was so to
do. Deft. made memorandum of the
agreement at the time, but unfortunately
it made no reference to the matter. The
- n1a hnx
that of Il right of recovery because of
breach of contract on the part of the de-
fendant in notfurnishing money as prom
ised to carry along the work, in conse-
quence of which he was obliged to dis
continue operations.
Mr. Paine was croSS-eXamined at length
and admitted that he told Plff. that he
might do as he chose about quitting the
job, but denied that he urged him to quit
it and go to work on the Goss lot. He
denied telling Coburn's hired man that he
had ordered Cobnrn to leave the work.
Several men who worked for Coburn af
ter he had left Paine's job, testified in re-
gard to what was said pro and con by
Coburn; also in regard to falling trees
into the lumber road and blocking it up
to prevent the drawing of the logs.
The defendant also introduced evidence
tending to prove that the road was so OBJ
structed that teams could not possibly |
pass, that it would be considerable eX-
pense to remove the fallen timber in the |
road, even if he had a right so to do; that
such distractions had been made in ac-
cord with DIT. s threat, and that logs were
nearly worthless if they had to be hauled
by any other route. In further proof of
the defendants failure to pay, the plaintiff |
introduced material evidence by way of |
ID. J. Sisco, who was constable in Jay in
January, 1888, and about the last of that |
month called with Coburn on Paine for |
money. On that occasion there were |
hasty words between plaintiff and defend
ant. Coburn then told Paine that he had |
not furnished money as agreed, and that
he should leave the job if he did not do
so. They looked over their accounts and |
witness remembered that there was then
due the Plff. something like 800. Deft.
at that time found no fault with the work
as done, or said anything about paying
when the logs had been counted at the
mill. Quite number of witnesses were
used to prove that Paine might have
hauled the logs just as we'll and without
additional expense over the highway as
across the land of the Deft. Two men
who quit work for Coburn because they
did not get their pay, testified that they
tn mo
but he said he had none. AS the logs,
nearly all of them, now lie in the woods,
Geo Parker of Irasburgh and 0. c.
Miller of Newport were offered for the
purpose of showing the value of hard
wood lumber after lying out one season.
They expressed opinions diametrically
different, Parker stating that it did not in
jure more than one-sixth of it, and Miller
stating that it made it practically worth
less. Plff. claims pay for 1921 logs, cut
ting and skidding, less some credit
Deft. claims offset of $500 damages.
The case was ably argued, and the jury
will bring in the verdict this afternoon
State of Ohio, City of Toledo, Lucus County, IS.
Frank j. Cheney makes oath that he is the senior
partner Of the firm of f. j. Cheney & Co., doing
business in he City of Toledo, County and State
aforesaid, and shat said firm will pay the of
one hundred dollars for each and every OF ca
tarrh that cannot be cured by the of Halls
Catarrh Cure. Frank j. Cheney.
Sworn to before and subscribed in my pres
ence this 9th day of December, a. d. 1886. A w.
Gleason, Notary Public.
Halls Catarrh Cure is taken internally and acis
directly on the blood aud mucus surfaces of the
system. fort testimonials. free F.J. Cheney
& CO., Toledo, .. Sold by druggists, 75c.
Since 1900 the population of Europe has
inst doubled itself, Then tho population
was 175, 900 900; i'll 1880. 216,0O0, ,0oo; III
1860, 2S9, ,O0O, 600; in 1888, $50 100000.