Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1893-02-27

state under oath and in writing
| the amount which was due on
the said claim; that after the
| time had passed in which Davis was
bound by law to render a statement,
and he having failed to do so, the de-
PENDANT levied execution on said COWS,
when the same were replevied in the
suit. It having been proven the de-
| PENDANT had sent notice as required,
and that Davis had failed to make
statement in writing under oath. The
court ordered verdict for the defend
ant. j. P. Lamson for plaintiff, IL. q.
Bates and J. w. Erwin for defendant.
Mcclellan VS.. Whitney. This was an
action of trover to recover damages
of G. S. Whitney, a deputy sheriff OF
I Glover. who had attached and taken
away ten bushels of oats from one
Chamberlin who resided on plaintiffs
farm in Sheffield by virtue of writ
sued out by C.S. Parker Of Glover. The
plaintiff claimed that part of oats be-
longed to him, that Chamberlin was
carving on the farm on shares. The
defendant claimed that Chamberlin
did not occupy on shares, but paid an
annual rent. The case depended on
Interpretation Of the written lease
from the plaintiff to Chamberlin. The
court ordered the jury to sign two
blank verdicts, and that he would
cause the one filed up and filed that
he considered right. He ordered a
verdict for plaintiff to recover $5.O8
and his costs. WV Miles for plaintiff;
e. A. Cook and J. w. Redmond for
the defendant.
Rash VS.. Mack Some time in Sept,
1891, o. M. Mack of Hardwick sold
wagon to Geo. A. Rash Of Barton.
Rash traded the wagon with one
Brewster of Irasburgh. In the spring
Of '92 a Mr.. Buck, a carriage builder
of Barre, came and took the wagon
away, claiming it to be his. He said
that in the summer of '91 young
man came to him and represented
that he lived in Barre, and wanted to
buy wagon. He said he had no mon
ey then, but would have some the 10Th
of the next month. 1t was agreed
that he take the wagon then and pay
25 cents per day for its use till the
18th, when he was to return, pay
something down and give claim on
the wagon for the remainder. That
was the last that Buck saw Of the
Young man or the wagon till he found
| 0n1c
in Irasburgh the next spring. The
Young man was nowhere to be found.
A short time after the transaction at
Barre young man, supposed to be
the same, tracked the wagon with 0.
M. Mack at Greensboro, who sold it
| to the plaintiff, and consequently this
! suit arose The sole question in the
case was whether the transaction be-
tween Buck aud the young man was a
sale or a lease. If it was sale the
young man had title and could con-
vey it, If it was a lease he could not.
The Jury took the latter view and re-
turned a verdict for the plaintiff to
recover $50 damages and his costs.
w. w. Miles for plaintiff; Bates &
Nav and B. E. Billiard for defendant.
State VS.. Carl Walcott. The respond
ent. who resides in Glover, was indict-
/ ed at the September term, 1891, for
entering the garden of one Reuben
! Jones of Glover and cutting down
trees and pulling up shrubs and vines.
! The evidence as introduced showed
that in August, 1891, the above men
toned garden was entered by some
one who left it in state of total
wreck The state improved Frank
Mcclellan, who testified that he
worked with Walcott the day before
the garden was destroyed, at Isaac
Drew's; that he went to Henry Cooks
that evening about dark; that he re-
turned about o'clock; that in pass
ing the garden he heard a noise; that
Walcott came from the garden and
told him that he had been destroying
the garden; that a few days previous
ly Walcott had told him how Reuben
Jones had entered a complaint against
him (Walcott) for being intoxicated,
and it had cost him thirteen dollars;
that he would get thirteen dollars out
of Jones' VIM. and Isaac Drew testi-
fed that the respondent went away
from their place a short time after
Mcclellan did on the evening in ques-
ton; that they both returned little
past nine O'Clock. The defence claim
ed that it was Mcclellan who did the
damage They improved Mrs. Fan
ME Spaulding, who testified how on
that evening Mcclellan called on her