The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1891-09-25
wINDHAM COUNTY COURT.
Horrick a ROyden Defeat RrattlebOrO-
Seven Divorce Cases Some Criminal Mat

HorrIck q Royden Defeat Rrattleboro-
Seven Divorce Cases Some Criminal Mat
ter.
The petit jurors were discharged Tuesday
| morning and the term was formally adjourn
| ed by the sheriff yesterday morning, the In
term being occupied by hearings In court
| and divorce cases.
NJ. Augusta Bourn VS.. School District No
in Stratton: In this case reported last
week, the jury returned verdict Friday
morning IN favor of the defendant.
Ira |. Hall vs.. Estate of Hannah Winches
ter. Apt. This was an appeal from the al.
owance Of a claim by commissioners upon
ed claim against the estate OF the deceased
for board and care during the period OF six
years aud eight months prior to her decease,
amounting to the sum of Sl2W. The evil
dence of the plaintiff tended to SHOW that In
1888 he purchased farm In Marlboro. upon
which the deceased had always lived, that
she remained with him and was boarded aud
cared for during the remainder OF her life in
his family; that previous to her death she at
various times acknowledged to her neighbors
and friends that she was indebted to the
plaintiff and his wife for the good care an |
attention that she had received.
The defendant admitted that plaintiff
should have reasonable compensation for
board and care of the diseased, but claimed
that the plaintiff had been amply paid. The
defendants evidence tended to show that
about the time when the plaintiff purchased
the farm upon which he afterwards resided,
the deceased gave him a note Of $1,000 which
she had against party In Holyoke and told
him that she wished to live with him, and
that she might pay him more that at future
time the plaintiff borrowed of her the sum of
5000 and when the plaintiff offered to pay
her the money, she told him to keep II akd
that II she ever wanted 1t she would call for
It; that few davs prior to her decease she
gave him $500, and toll him to pay her doc.
tors bill and taxes anc keep the balance.
The plaintiff admitted receiving the $1,000
were gifts. The jury returned verdict for
nlaintitf to recover 1915 %. Waterman,
Martin q Hit for Plf., Haskins Il Stoddard
TOR Deft.
State VS.. Jane E. Wooley: Appealed case
for Disturbing the peace by an assault upon
Helen T. Cook Of Brookline. The evidence
OF the state tended to show that the respOn.
dent came to the house of Mrs. Cook on the
9th OF May ard broke into the house and as.
saulted her. The respondents evidence tend.
ed to show that upon the above named date,
Mrs. Cook threw cayenne pepper In the
eyes OF her youngest child and when she
went to her house to mildly demonstrate
with Mrs. Cook for such conduct, she also
received dose OF the self same pepper; that
she retired to her own home and applied
water to her injured optics and returned to
the scene OF battle, but found the enemy sit.
ting In window witb gun pointed at her
and was informed that II she passed Ger.
tain crab.apple tree there standing, she would
ba blown In twain. or words to that effect; that
she braved the danger, ,passed the tree and tried
the door to see II the occupant knew enough
TO lock 1t, and then retreated from the field
IN good order. The states evidence tended
to show that the gun and cayenne pepper
were used as modern weapons of defence to
keep the respondent out of the house; thus
dispacing the time.hon0red woman's weap.
ons, broom and poker. The jury returned
verdict OF guilty and the court sentenced the
respondent to pay fine of $40 and costs Of
prosecution, In default of which she was
committed to the House of Correction upon
the alternative sentence provided by law.
States Attorney for state, ktttredge hasklns
for respondent. .ss-,.t---.-e-.-.-s..-.--. u.
State VS.. Frank G. Hosley: Appealed case
for violation of law relating to traffic In In
toxlcating liquor. The evidence OF the state
was not sufficient to convict and the jury re.
turned a verdict of not guilty without retir.
Ing from their seats. States Attorney for
state, A. E. Cudworth for respondent.
State VS.. Dexter HOdgman: Indictment
for larceny of money from Addison Whithed.
The respondent was arraigned, plead gui'tv
and was sentenced by the court to pay fine
OF $40 and costs or prosecution, In default OF
which he was committed to the House Of Cor
rectiOn.
wm. A. Faulkner. Admir-, vs.. Noah NJ.
Perry and Trs.: Hearing on report of Com
missioner L. NJ. Read. Estey Organ Co., ad.
Judged Trustee upon report vi commissioner
In the sum of $500 to which the defendant
excepted and cause passed to supreme court.
Haskns & Stoudard for Plf., Waterman,
Martin g. Hit for Deft.
Newton M. Batchelder VS.. Wallace A.
Hall: Hearing on report of Commissioner
l.. NJ. Read. Brattleboro Savings Bank ad.
judged trustee upon report of commissioner
in the sum of Sl07. James Il. Jacobs ad-
Judged trustee In the sum of 1928.
Cleveland Dryer Co VS. Henry Merrifeld;
Action to recover funds received for sale OF
phosphate shipped to defendant upon consign- |
ment. Judgment rendered for plaintiff to re-
cover s255.30 and close jail certificate granted.
Boyden & Herrick VS. Village of Brattleboro
Hearing on report of Commissioners l. NJ Reed. |
Henry Q Lane and Zina Allbee. This case was
quite iully reported at the time of hearing be-
from an assessment for sewer purposes made |
at the time that they built their new block on |
Elliot street; they claim that the assessment was
a&% or tns ma as srt tne oa neip
Association Sewer" running from Green street |
10 the Connecticut, which sewer they entered
village, that they are not liable to assessments.
The village claims the Association Sewer" be-
came a part OF the "Elliot Frost and Flat street,
sewer sy stem; that when this system was con-
they received by way of assessments and this
sum was reserved to assess vacant lots whc
built upon; that the PLAINTIFF entered this sys-
em and became liable to the assessment made,
which 1t claims is u just and reasonable one and
not In excess of the proportionate share paid by
other property owners. 1t also c aims the right
parts of a whole system which extends through.
,ut the village and empties Its entire drainage
nto the Connecticut-to assess vacant lots
wherever situated. when built upon. for unpaid
balances OF sewer account In proper
ion to sums paid by other property holders, II
n their judgment the property is benefited by
uch sewe ge system. 1t also claims Its char
er to be raoad enough to render assessments
or repairs upon sewers legal The court ac-
epted the report and rendered judgment there
IN for the petitioners. to which the petiiionees
Ncepted and cause passed to the supreme court
Isskins 4 stoddard for petitioners, Waterman.
Martin 4 Hit for pehtionees
Richard II Tubbs estate vs Town of Guilford
Tearing upon report of Commissioners 7
davenport, Addison Withheld and Stephen l.
button. This was report upon petition for
highway. The commissioners repo ted IN
avor of laying highway two rods In width IL
hey had legal right TO lay highway of that
width, oiherwis- they declined to lay the road
he court accepted the report and road not laid
'etition dismsses; TO which plaintif excepts aud
ause passed TO supreme court. Haskins 4 Stod.
ard for plaintiff. Waterman. Martin 4 Hit for ,
efendant
Helen Eddy VS. Charles + Eddy: Petition
pr divorce. BIZ granted for adultery and cus-
DIV of minor children uecreed to petitioner
Alta Wheeler We Charles W Wheeler: Peti.
on for divorce. Bill granted for intolera bic Sc
eritv AMI custody of minor childr decreed TO !
etitioner. {
Ella l. Joselyn ys Charles Joseivn: Petition I
" divorce. Bill granted for wilful deserfIop
Jennie r Spear vs. Henry Srear: Petition n
,r divorce. Bill gran'ed for wilful a. sertiou. I
Eta X Sherwin vs. Edward A sherwin; Pet. :,
on for divorce. Bill granted Tor absence for !
e period OF years and unheard OF. Z 7
William Rycer Cora II Ryder: Petition y
" divorce, annulling marriage. Petition dis b
issed upon statement of facts found by court b