Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1891-09-25
WINDHAM COUNTY COURT

ira i. HdU rs. HuhHdh RichUFtiSOH X
eStdte.-This was an appeal from the al
lowance Of an account 10y commissioners.
The plaintiffs evidence tended to show
that he bought the Winchester farm i'm the
spring of 1883; that said Hannah Win
chester, single woman of about - years
of age, who had been born and always lived
on said farm, desired to make her home
with him; that he kept her there until
Dec. y. lSS0, when she died; that he had
never received any compensation therefor
and that it was worth from $3.50 to 81 per
week, amounting in the whole, with inter
est, to nearly $1,000.
The defen liant, through the alminstra-
tor, claimed and gave evidence tending to
show, that at the time plaintiff went upon
the case, or very soon thereafter. an ar
rangement was made between the plaintiff
and his brother, Geo. W. Hall, who were
then jointly interested in the said farm,
and the said Hannah, by which Hannah
delivered over to them a note upon which
they received in August following $4,000,
as payment for her future support upon the
place: that she was woman of strong and
vigorous constitution and health, never be-
ing sick so as to require a physician until
the day before she died: that she did
good amount of work by way of chores
about the house and caring for plaintiffs
children; that on another occasion she
loaned said plaintiff $500. and that it had
never been paid; that only day or two
before she died she gave the plaintiff 5000
more with the request that he pay her taxes.
amounting to some So. and the doctor a
bill of 81, and keep the balance: that
plaintiff did not pay the taxes or the doc
tor as requested, but had always retained
the money.
The plaintiff claimed, and gave evidence
tending to show. that all the aforesaid sums
of money were given to him as a present
and not in payment of anything that might
be due or to become due him for board and
care of "Aunt Hannah"
Verdict for the plaintiff SS75.27 dam
ages.
Waterman, Martin n Hit for the plain
tiff; llaskins IL Stoddard for defendant.
state cS. JdRe +. Uooicy.-Complain
for an assault and battery upon one Mrs.
Cook and breach Of the peace. The evil
dence on the part of the state tended to
show that i'm the afternoon of May 8, 1891.
the defendant came to her house, broke in
her door and struck the said Mrs. Cook
upon her arm and conducted herself in a
boisterouS manner.
The defendants evidence tended to show
that short time previous to the alleged
occurrence his two little girls were passing
Mrs. Cook house and she came out and
threw red pepper into the eyes and face of
the youngest; that after cleaning the pep
per from her little girl she accompanied
them up the road past Mrs. Cooks house
to 90 over on to the meadow for some ice;
that as she got opposite the house Mrs.
Cook came out and forbade her passing
along further and thcreupOn threw red pep
per into her face and eyes, nearly binding
her, and that her little girl Immediately led
her home: that She did not at any time 90
into Mrs. Cooks house. or strike her or
even touch her. The testimony of the two
principal actors was conflicting upon all
points. The sympathy of the neighborS,
evidently. was with Mrs. Cook for many
of them appeared and testified that the
character of the defendant for truth was
poor
Verdict guilty; fined $50 and costs.
States Attorney Hit for the prosecu-
ton; HaSkins ~ StOddard for the defend
ant.
The last jury case was that of state rs.
Fr0nk d. HoSiey. This was a complaint
for selling Intoxicating liquors at the hotel
in South Londonderry. 1t appeared by
the evidence on the part of the state that
several parties went to Londonderry and
vicinity on "A fishing expedition and took
their own liquor with them; that they went
into the hotel, occupied "A. room, and drank
their liquor: and it was for this that the
that the landlord, Mr. Hosley, was prose
cuted. After all the evidence had been
given by the state. the court directed the
jury to return verdict for the defendant.
Hearings by the Court.
Vim. 4. Faulkner Il djS., administrators,
RS. Noah W. Perry and EStcy OiIdn Co.,,
tuNteeS.-At the last March term iudg-
ment was rendered against the defendant
for SlOSO. 20 damages, and at this term the
case came up on the report of the commits
sioner appointed to hear the question of the
liability of the trustees. The court adj
judged the trustees chargeable for $500.
CiereldHd DrBer Co. IS. II. &. Merri-
fed.-Action aSsumpst for moneys held
by defendant as plaintiffs agent in selling
fertilizers. Judgment for plaintiff to re-
cover S255.20, and certificate ordered that
cause of action arose from wilful and ma
liciOus act of defendant and that he ought
to be confined in close Jail
Georfe &. DdriS, apt, rs. Moses Le,c-
is dnd tie Lyons Granite Co., trustee,
and II. 4. Knjght. cIdimdnt.-The only
question made in this case was the liabili-
ty of the trusteeat the suit of the plaintiff.
Judgment of court that trustee be dis
charged.
Herrick d. BoYdcn rs. Village Qf Brat
tiebOro.-Appeal from a sewer assessment
made against the plaintiffs by the baliffs
of the village Heard on the report of l..
NJ. Read, Il. IL. Allbee and II. c. Lane,
commissioners. Judgment of the court
that the assessment was unawfully made
and that the plaintiffs recover their costs.
Richard II. Truths ct ais. rs. GUiifOrd.
This was petition for new highway.
The commissioners heard the case and
laid out the road prayed for two rods in