The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1890-12-26
Orange County Court, Dec.
Term, 1890.
Hon. JONATHAN Ross, Presiding Judge.
HON. BAILEY \. ADAMS, Assistant
HON. SOLON q. SMITH. Judges.
SALnoN Is. HEBARp, Clerk.
JOHN A. BuswELL, Sheriff.
4w j. b. PECKETT, JR.. States Atty.
ss JoHH II. MIMMs, Reporter

JOHN a. BuswELI., Sheriff.
+w j. b. PICKETT, JR.. States Atty.
al JOHH II. MIMMs, Reporter.
.NOne of the shortest terms of court known
I0 years In Orange county closed Its SEES
sion last Saturday. One term In the rec.
election Ut the members OF the bar was a
shorter, court rising the first day. The
0nly jury case tried was not on the jury
calendar at all, but was the criminal prose
cution Of State v. William johnson. John
son had laid In jail since the first OF last
Sept. and he petitiOned the court through
his attorney, Col A. NJ. Dickey. to instruct
the States Attorney to file an information
and have q trial this term. This was done
anu the trial was had Thursday and FRI
day, Dec. 18th and 18Th, When the trial
actually came on the counsel were entirely
changed. The States Attorney having de-
fended johnson at the examination before
the Justice was disqualified to prosecute
the case In the county court and. X. Farm
ham was appointed special states attorney
To prosecute the case. Col. Dlckey could
not remain to defend and }. X. Darling,
Esq, took his place for the defense. The
respondent was tried for an assault upon
'IhOs. Wood, committed Aug. Both, last ut
Cassvllle and for which he was bound up
for his appearance to County court by E.
4: Aldrich, Esq, Justice Of the Peace
was passing by the house of Woods in
Cassville when Mrs, Jane Titus addressed
some remark to him from the front win
dow OF Woods house which Johnson did
not like and he returned to the window and
entered into an alteration With Woods
and the woman. Woods finally went out
of the house and, as he says, ordered John =.
OF obeying advanced upon Woods and they
clinched and had struggle until Woods
was thrown down in the wheel track Tor
track wheel as Woods says Of the road and
badly shaken up and chOked by johnson.
JOhnSOn's story was quite different and the
jury are understood to have believed that
there was no encounter between the men
until they were completed, off Woods land
and that as soon as Woods got un he com,
with a piece Of board. Wood followed
johnson down the road two or three rods
and back to the corner OF his garden fence
when the relation of things was suddenly
changed and while Woods was backing
towards his wood shed and while upon his
own land he was struck blow that knock
ed him down, breaking his skull badly,
driving triangular piece of bone an inch
and half on each side down into the brain
en- into the house partly conscious, by j. d.
Welt0n. The wonder is that he was not
killed instantly, but his vigorous health
saved his life and he is about to-day. The
decisive question was whether johnson was
the aggressOr when he struck the blow or
whether it was done in self defense. The
jury evidently decided that johnson was
acting in self defense and acquitted HIM.
Quite likely the fact that johnson had lain
in jail three and a half months had some
thing to do with the verdict. johnson was at
once discharged and started for home on
foot the next morning. The testimony of
Tom Woods, with his broken English and
peculiar expressions was we'll worth going
some distance to hear, but he did not con-
vince the jury. The jury was ont through
The forenoon Friday and returned the YER
dict in the afternoon after having been in
court once to hear some OF the testimony
for the defense read.
While waiting for this case 10 get ready
and after the verdict was rendered, the
court heard quite number of court cases
and we give'belOw the action of the court
IN many of the cases disposed of. The cases
49, % not mention were generally
~. .Alonzo Redway v. Albert A. Red
way. This was an action OF assumpsit be-
ween father and son. The father charged
or all the money he had expended III the
'on's education, etc, while the son charged
or all the labor that he performed While at
IoiIlc FdcduiOHS anu dI otHer tlulcS. IHe
'eferee, j. III. Watson. ESQ.,, disallOwed
10Th accounts on the ground that neither
,arty intended to charge them at the time
hey accrued. AT this term Judgment was
endered on the report in favor of the de-
endant for his costs. Fay for plaintiff and
'itkin & Huse for the defendant.
IL and Is. A. Alien Olmsted V. Geo. n
bbott and others were entered settled,
aving been disposed of in connection with |
Inn aha hI,fHA
,arties. Leslie, smith 4 Sloan tor Pltf.,
'arnham and w. 5. Laid for Deft.
Al. Gardner 5. Melendy v. Geo. A. AmeS
Co. This case stood first on the jury list
tut was heard by the court on demurrer,
the pleas to be bad on the ground
t duplicity Il, setting out two defenses in
he same plea. Exceptions We're taken by
he defendants which are ordered to lie UNI
ii the final disposition of the case. Defend
! continued. Watson and Harvey for the
lainttf, Hyde ami Shurtletf for the de-
40. Chandler & Ames v. Gardner 5. Me-
indy apt. was expected to be tried by jury
ut was finally continued. Same counsel
5 No, A.
81. lockwood Holden v. Joseph Chan
Ter was on the jury list. but a motion was
lade the first day by the defendant for
and it was heard the same day.
ase continued at the expense of the Deft.
NTH d Sloan and Fay for plaintiff, OAR
ng and Harvey for defendant.
5B. John b. Locke, John A. Tenney and
oren Emery V. Geo. c. Cook. Referred
J. E. Dickerlnan and Henry Z. Bates
nd continued. smith d Sloan, Farnham
nd Wa4son Tor Plffs., Shurtleff and Har-
~ for defendant.
81. Darius II. ROwell V. Town Of Yer
lire. This case was mentioned last week
1t we did not give the names Of the cOun-
j. Farnham for plaintiff, Watson and
arling for defendant.
s. John b. Locke, j. A. Tenney, Loren
merry and Joshua N. Knight v. Geo. c. (
1ok. The same reference and counsel as I
0. So. 8
IS. Alonzo f. Gage v. John Hartwell, ,
It. action of assumpsit. Settled. Wat
n for plaintiff, Pickett and Harvey for
TO. Horace Fifield v. Gilman l.. Jackson I
I'd Orville Curtis. Trespass QudUe cldusen ,
git. The death of the plaintiff is sug
Sted and the cause is continued for the
Nnxr