Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1891-03-27
WINDHAM COUNTY COURT.
MARCH TERM, 1891.

Joet j. Leonard RS. VIM HolJrook Ac-
y,pu 9l trespass for an assault and battery.
~ ue'euuant Is young man under age
I nu SOU OF hugh II. Holbrook Of Towns
bend. The plaintiffs evidence tsnJeJ 20
show that in May 1890, he was AZ YorI
moving a wall upon his own land Sbsn tho
defendant appeared upon the scene armed
with stout ox-whip, and ordered him 10
deslst. The plaintiff continued 10 remove
the stone from the wall 10 his stone boat
WhereupOn the defendant began 10 Law the
Whlp over his arms and shoulders and that
une blows came so thick, fast and singing
tnat he was compelled to stop work and
dlu stop. That he had the marks of II
whlP strokes upon his arms and three or
our across his shoulders that some of the
blows upon his arms brought the blood
Whlch ran down his arms. The plaintiff
claimed to recover $500 damages.
Inc evidence on the part of the defend
ant tended to show that some Is or 90
years ago the plaintiffs grantor and the
grantur of Hugh II. Holbrook together
erected the wall in question, upon what
they agreed to he the line between their
farms, and also to serve as break water
to prevent the water from an adjacent
brook iowing upon their lands That on
The occasion Of the ARRAY the plaintiff was
engaged in removing this line wall with n
view Of rebuilding it some few rods farther
TO the south, where plaintiff claimed the
true line was, and upon land of Hugh II.
holbrook as defendants evidence showed
mat the defendant for purpose of protect
ing the interests Of his father forbade
plalntih from removing the wall or in any
way intermeddling with it, That plaintiff
seized crow-bar, got upon the wall and
threatened To run it though the defendant
That the defendant, all the while standing
upon the lands Of his father and to defend
himself aud to prevent the removal of the
wall did strike the plaintiff with the whip
as his evidence tended to show, and con.
tlnued such whipping until plaintiff was
willing to refrain from removing the wall.
IL was simply question Of damages that
went to the jury, and they gave Plaintiff
Sl21 10. Waterman, Martin q HIT for
the plaintiff, Read, Ha,kins K Stoddard for
the defendant.
This was the last jury case, and tn e jurors
we're discharged Friday night
Court was in session Monday aud Tuesday fore.
moons Of this week when il adjourned for the
l'Im. several cases were disposed Of by the
court on reports Of referees which were tried dur.
ing the vacation.
In cas, Of Herbcr j. Richmond ~. Jesse l.
''f"''"' htaIu lOSt winter before y. r. Davpn-
port, referee, judgment was rendered for TN,
defendant 10 recover Of the plaihtin under his
plea IN offset. 81. ~ damages aud costs
~ i. Fduhsn"r. ct ais administrators 49, "
W. ifrfy dHd trustees, Judgment was rendered
Tor the plalntn 10 recover SOOO aud interest on a
note due IN December, 1870 commission was
appointed To take the disclpsur, of the trustees
a. y Est1broDkS Fl al. ~ BrdffieLoro This
was petition for the appointment Of com.
lsson ,r 10 lay out and establish highway
below the depot, at the place where the railroad
company has built their tracks into the present
highway. aui the s''ectmrn have refused to grant
rtlltt to the travelling public The defendant
ul'd a pea IN abatement. to which the petitioners
dtuluritd The court sustained the demurrer
ana uverruled the plea, and Hon L. S Walker
Henry &. Lane. and -. X. Garfield were appointed
commissioners
The following divorces were granted: john O.
Stone from Julia Stone: Nellie |. Dresser from
Albert W. Dresser; Hattie A Perry from Frank
e.. Perry: Jrunie Is. Stowrll from Fred y Stowpll:
Henry {. LaBe from Kate X Lane for wilful
drS'rtion; ida +. GOodru from John f. Goodro;
Helen ]. Iackry from Gro " Iackry: Amy p
cummings from Willie II. Cummings for adult.
cry Euna q. Thorn from Isaac Il Thorn for
lutuprahe severity
In the PETITION IT Watson s Frcnch u.s. F2nrt
t"Hrr his former wife, FOR the rtisto-l, at his
Tour minor children which the court one wear ago
itcIted To the wife upon her petition. and obtain
ing divorce Tor the cause Of adultery IN hearing
IT tins term. the court gave him the thr,- eldest
leaving the Youngest with thu. tuothpr