The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1890-07-16


The defendant pleaded leave and license,
but the jury found for the plaintiff to re-
cover S325 and costs n. l.. Boyden and j.
j. Wilson for the plaintiff; John IL. Senter
and H. A. Huse for the defendant
Albert l.. Stillwell rs. Jacob Farwell,
appellant, was an action of trover appealed
from a Justices judgment to June term,
1889. The plaintiff claimed that he as livery
stable keeper, let defendant horse and
carriage to drive to Barre on November Is,
1883, but that defendant drove on to Mont
pelier, and returning next day, redelivered
horse and carriage in much the worse con-
dition for the heightened drive. Defendant
claimed that he had right to drive on to
Montpelier If he did not meet the noon
train at Barre. But the jury found for the
of the defendant. j. X. Darling and j. II.
Watson for the plaintiff; George l.. Stow
and r.. NJ Harvey for the defendant.
Philura f. Spencer u.s. Lyman p. Barron
was an action of trespass and trover to re-
cover the value of one yoke of three-yea
steers, one COW and one yearling steer,
which were sold on execution last fall by
defendant, acting as deputy-sherilf who had
attached this property on a debt of her hus-
band, Ira Spencer, and sought to Justify by
showing that the title was not in the plant
III. The jury found for the plaintiff to re-
cover 800 and her costs. j. X. Darling and
j. ii. Watson for the plaintiffs j. ID. Deni-
son and r.. NJ Harvey for the defendant.
John A. Tenney rs. Il. NJ. Harvey and G. f.
Smith was an action of trespass for false inn
prisonment claimed to have been committed
February 90, 1885, by Deputy-sherif G. f.
Smith, acting under directions of II. M.
Harvey, attorney for the town of Corinth,
plaintiff claiming that he was exempt from
arrest because of sickness. Defendants
sought to Justify under a writ of possession
for land sold according to No. 1870, acts of
1884, as amended by No. 60 of 1886 and No
80 of 1888, said writ containing a cdpidS
clause directing the officer to arrest the
plaintiff if his fees for serving the writ were
not paid. Judge Tyler excluded the writ
as evidence in justification, and the case
going to the jury on the question of damages
resulted in verdict of 500 and costs for
the plaintiff. William b. c. StiCkney and
f. w. Smith for the plaintiff; j. X. Darling
for the defendants.
This closed the list of civil cases to be
tried by jury, and the grand Jury, after ten
days deiiberation, having reported eleven
true bills and seven not found, the criminal
trials came ON.
James Rouhan and Peter Hoyt of West
Iopsham were separately indicted for
breach of the peace committed in the even
ing of May II last at c. f. Smiths store and
post-office. Rouhan pleaded guilty, and was
fined $50 and costs, amounting in all TO $50
Peter Hoyt stood trial and was acquitted.
1t appeared that Rouhan, drunk and mad at
Hoyt, entered the store, inquiring for him
arose from the nail-keg whereon he was sit
ting, and remarking that if he had got to
fight he might as well then as ever, stood
up, and facing Rouhan, received one blow
and replied with two. They then clinched
and We're pushed out upon the piazza,
where they fell, Hoyt coming on top. He
got up, and Rouhan, lying on the piazza, he
kicked him in the face, as he said to loosen
Rouhan's hold of his bootleg. West Tops
ham people seemed to think Rouhan a great
bully whom HOyt ought to punish for the
public good. States Attorney j. ID. Deni-
son and f. w. Smith for prosecution: j.
X. Darling and r. NJ. Harvey for respond
ent.
Thursday, July 3, was begun the trial of
Z. Herbert Frye, indicted for the larceny of
some $500 worth of Boston x Maine rail
road tickets from the Office of the Wells
River depot in September last Frye was
found guilty of petit larceny, compromise
verdict, the jury having stood six and
six on the question of his guilt or innocence.
Three months III the house of correction is
his heaviest sentence. States Attorney
Denison, assisted by e. w. Smith, for state;
j. B. Pickett, Jr., and r. NJ. Harvey for
respondent.
Wednesday morning, July 9 began the
trial of Adelbert Albn of Randolph for of
fence committed with Kate Fossie on Feb
ruary s. 1888, at West Randolph, under the
blanket act. They were both indicted at the
that term. She was found guilty and SEN
fenced to two years at the house of correc-
ton, where she is still confined. The Jury
IN Albin's case disagreed, two standing for
acquittal. At the ensuing December term
the case was again tried, and again the jury
disagreed, four only insisting on convc-
ton. At this term, after a three days trial.
the jury on the first ballot acquitted the
respondent, States Attorney Denison and
j. Il: Darling for the state; r. NJ. Harvey
and j. j. Wilson for the respondent.
State as. Lisetta Kamm was also an in.
dictment under the blanket act for an offence
committed with Joseph Potter at Truman
Butterfeld's residence on October "a, 1885,
The jury on Saturday forenoon rendered
verdict of not guilty.
Monday afternoon was begun the case of
Chase Smith and Lila Ann A. Foster of
Washington, indicted for an attempt to
poison the latter's husband in January last
The trial will consume the week. States
Attorney Denison and j. II. Watson for
state; r. NJ. Harvey and E. w. Smith for
respondent.