The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1893-03-22
Washington County Court.


last Tuesday, was an action of assumpsit to |
recover the amount of two promissory notes |
-one of $780, dated 1875, and the other Of
$500, bearing date of 1874. The defendant
having conceded that the plaintiff should
have judgment for the $780, the jury re-
turned a verdict for the plaintiff for that
amount and interest thereon to date, amount
ing to 81 105 06, and his costs. On the $500
note, the Jury said the defendant was not
indebted to the plaintiff in the manner al
legged in his declaration, and they therefore
found for the defendant to recover his costs.
T. II. Gordon and G.. w. Wing for the
plaintiff; 7. j. Boynton and j. Ii. Senter
for the defendant.
KELLIE v. RUGd. In this case, the plain
tiff charged the defendant with having
caused certain prosecution to be brought
against her, without probable cause and that
it was done maliciously, thereby causing
her muck loss Of health, peace of mind,
trouble and expense, for which she seeks to
recover damages to the amount of 5000. 1t
appeared from the evidence that in Febru-
ary 1890, the plaintiff went to the defend
ants hotel, in Barre, and engaged board at
IS per week, remaining six weeks. At the
time of her leaving, some misunderstanding
arose between her and the defendant regard
ing her BILL and she left without settling the
same; that shortly after this, and at diverse
times, she rendered the defendant the
amount which she held that she owed him,
the sum of S35, but he refused to accept this,
claiming that she owed him some S43. In
the following December, she was prosecuted
under the act of 1882, which provides that
"any person who shall obtain food and
lodging for himself or others at hotel, with
intent to defraud the owner or keeper of
the value or price of such food " shall be
subject to certain penalty. The evidence
tending to prove that the defendant was in
any way connected with this prosecution
came from the plaintiff herself, who testified
that II do MI bat no
would have her arrested that he would put
her where her friends would know where to
find her. and that she wouldn't get to Pitts
burg, where she was contemplating going.
There was also evidence tending to show
that Mr.. Rugg carried the complaint and
warrant to the justice of the peace for the
purpose of having it signed; that he was
present at the time the plaintiff was brought
before the justice, and that on the question
of bail, when the case was to be continued,
he was anxious to have it good and
strong" at least $500 The plaintiff was not
allowed to show by A. M. Jackman, the
grand Juror, who made the complaint to
him, or by certain attorneys Of Barre, what
the defendant said to them regarding the
prosecution Of the plaintiff. At the close of
the plaintiff testimony, the opposing coun-
sci moved for a verdict on the ground that
they had not connected the defendant with
this prosecution. The court overruled the
motion, and the defendant rested his case.
After the arguments, the court charged the
jury that the plaintiff in order to be emit
tied to verdict, must satisfy them by a
| fair balance of the testimony of the truth of
the three facts, Q) that the defendant caused
the prosecution; (2) that he did it without
| probable cause, and, 3), that he did it ma
liciously; but, failing to find all these, the
| defendant was entitled to a verdict. The
| jury, after being out from noon till the fol-
lowing morning, came in and asked the
| court what they should do if they had
| agreed upon part of the allegations but
| failed to agree upon all. The court replied
that they might be excused from further at
tendance upon the case T. j. Boynton, R..
| A. Hoar and III. A. Huse for plaintiff; Frank
| Martin and l.. p. Slack for defendant.
DAVID MINARD ET AL. v. CHARLES L. CUR
RIER.-The evidence in this case tended to
show that David B. Minard and Ellen S.
Whittier two of the plaintiffs, were the
| joint owners of two springs or wells which
| supplied large quantities OF water to said
| plaintiffs and other houses, up to the time
the defendant erected house near said
springs or wells; that in digging his cellar
| for said building, the defendant blasted the
rocks and lodges near said springs or wells,
thereby diverting the natural flow of water
into the same, and thus rendering them
worthless, for which loss the plaintiffs seek
law being involved in the case, at the close
| of plaintiffs testimony the court directed
| the jury to return verdict for the defend
ant, and the case will go to the supreme
court. e. W. Bsbee and III. A. Huse for
plaintiffs; S. G. Shurtleff for defendant.
JOSEPH FRATINI v. SEvEkiNo CAsLANI.-In
this case of Italy against Italy, the plaintiff
seeks to recover damages ~ for the aliena'
ton OF his wife's affections, (2) for the Sc
duction of his wife, and (3) for criminal con-
versation. Plaintiffs evidence tended to
show that while the defendant was board
ing at his house he was frequently seen with
plaintiffs wife sitting on the piazza, in the
hammock or on the street with her, and at
other places under circumstances which
tended to prove the allegations set up in the
plaintiffs declaration. The plaintiff had
not concluded his evidence at the time OF
adjournment-Friday, until two o'clock
| Monday. After the plaintiff finished put
ting in his evidence, the defendant pro.
duced small army of witnesses, but the
| court ruled out certain class of evidence,
and the number was reduced to ten, which
materially shortened the length of the trial.
The defendant testified that nothing crimi-
nal had ever occurred between him and
plaintiffs wife, but that she made conf
dant of him and their relations were very
close, like that of brother and sister. AT
the time of going to press, the argument
was in progress, and the case will probably
be given to the jury this morning. Bar
ney & Hoar and j. W. Gordon for plain
tiff; o. b. & w. A. Boyce and j. G. Wing
for defendant.
In Executors of Nancy Cummingsv. Heirs
of Nancy Cummings, appellants, the will
was established.
The new entry docket contains seventy
eight cases, eighteen being divorce cases
prominent among the latter being that oil
Laura A. Caswell V. James S. Caswell, the
Gould murderer now in states prison. A
similar petition from Mrs. Caswell was dis
missed at the last May term of supreme
court. This new petition is taken on differ
ent grounds.
THERE is but one more civil case standing
for trial on the calendar, that of Buchanan
v. The Town of Barre.
JOSEPH W. WORK, formerly cashier o
the defunct Maverick Bank Of Boston, wa,
indicted last Saturday by the grand jury o
the United States court. There were TIVE
indictments reported against him; in on.