The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1893-10-11
Washington County Court.

| accordance with the specifications named In
the contract. The second count in the writ
was a claim for damages for the refusal of
| defendant to furnish a monument for which
| plaintiff had contracted. The plaintiff in.
| troduced evidence tending to show that in
| August, 1890, he purchased of defendants
monument for the sum of $500. Specifca-
| lions and tracings were furnished for this
monument, which was to be of extra-dark
Quincy granite. The plaintiff introduced
evidence sho wing that said monument was
not constructed of the quality OF granite
named in specifications, and that errors
| were made in the construction OF said nonu-
ment which made it worthless to plaintiff.
| A large amount of correspondence was put
| into the case for the purpose of showing
that plaintiff held respondents responsible
for the non performance OF contract as set
| forth in specifications. The defendants
claimed that, although the monument was
not constructed exactly AZ called for in
specifications, yet plaintiff, on receiving
said monument, exercised snch acts Of
ownership over the same as to amount to
an acceptance The jury found for the
plaintiff on both counts in the writ and re-
turned a verdict for the sum of S54l 40
damages and costs Dillingham;, Huse ~
How land for plaintiff; Shurteff for defend
ants. Exceptions by defendants.
STATE v. IRA u. SPENCER,-This was an
| Indictment for arson found by the grand
| Jury at the September term of Washing
| ton county court, 1892 The state intro
duced evidence tending to show that on the
twelfth day of November, 1891, the defend-
ant, who resides in Marshtield, during the
day had trouble with his wife and children,
and also imbibed so much sweet cider that
his wife Cynthia with her youngest son.
| left for parts unknown. Ira in luctd in
| terval, at ten o'clock in the evening, de-
cided that his better half had probably
sought the shelter of her maiden home with
her mother Elsie Wheeler, aud there be-
| topl hi,usp1f demanding of his rpntlp ri H.
law that she once more return Cynthia to
him. on being informed that Cynthia was
not there Ira seemed suspicious that he
was being deceived; about quarter past ten,
after having made another demand for
Cynthia in which he used threatening IAN
guage, he returned to his house, about one
mile distant On his arriy al he asked his
children, NJ abel and Ben, to see what time
it was, so, if ever called upon TO state, they
would know the hour at which he retired
that night. Soon after, Mabel, who had re-
tired 10 her room up stairs, saw her father
getting out of his bedroom window The
evidence of the state w As that the respond
ent immediately gave the alarm on leaving
his house that FL ie Wheeler's barns were
burning, and accompanied by some neigh
bors, fastened to the scene of the fire. The
state also claimed that at the fire the re-
spondent made certain statements indica-
tive of guilt. The defendant took the stand
and testified that his relations with his
| 1nOuUtT-lu-ldW were very liltuulNJ III ldCl'
that he had more than the usual amount of
affection for mother-in-aw; that his rela-
tions with her son, Charles Wheeler, who
carried on the farm and owned part of the
property burned, were brotherlyi that, in
stead of asking the children to remember
the time OF day, he only asked his daughter
Mabel to wind the clock. With these small
variations, the testimony Of the respondent
did not materially differ from the testimony
introduced by the state. Verdict, not guilty
Lord and Laird for the state. G. w. Wing
aud Huse for respondent
STATE V. JOHN FOLSOM, for breach o.
peace, mol pressed.
STATE V F. L. HAYDEN, for keeping, etc.
mol pressed.
STATE v. WILLIAM MILLER, for keeping
nuisance The respondent pleaded guilty
and was fined SIPS and costs.
STATE v. e L. PUrNEY, for keeping q
nuisance Plea, guilty; fine $50 and costs
STATE v PUTSEY, for selling. Plea
guilty; fine, 5000 aud costs. In the two
last named cases, the states attorney anC
counsel for the respondent having made the
remarks customary in this class of cases
Judge Rowell, in imposing sentence, re
marked as follows: This respondent ha.
pleaded guilty in these two cases. We con
slider that somewhat in his favor in fixing
his fine, and but for that we should, oil
course, impose larger fine than we shall
| now. BuU InlS TtSDDuubnI Is Keeping DuD
lie house here in this village, and he knows
what the law is. He is purposely and in
tentonally violating it, taking his chance,
, for what profit he can get in illegal sales
and there is very little in this case to rec
ommend,-i fact, nothing but his plea
Every thing else is entirely against him"
On Saturday at ten O'Clock the grand jury
reported twenty-nine true bills, and thre,
bills not found, and were discharged from
further service, having finished their work
On Monday, at two o'clock, the following
cases were disposed of by the court
STATE v. JAMES SUMMERvILLE, indicted
for exposing poison, by means of which
certain fowls of his neighbors were killed
Plea, guilty; fine, SO and costs.
STATE V. KATHAM, indicted for furnish
ing liquor aud cider without authority
Plea, guilty; fine, $40 and costs.
STATE V. GEORGE Long, indicted for fur
nishing liquor and cider without authority
Plea, guilty; fine, $27 and costs.
STATE V. l.. b. HUNTINGTON indicted fo
selling cider. Plea, guilty; fine, 500 anC
costs.
STATE V. l. r. HUNTINGTON for keeping
nuisance. Plea, guilty; fine 500 an,
costs.
STATE v. FRANK e. BIcKFoRD, for larceny
Plea, guilty. Sentenced TO the house o
correction for one year.
STATE V. FRED WILDER, 1Of Iarceny
Plea, guilty. Sentenced 10 the house o
correction for thirty days.
STATE v. A. j. GLyssoN, for selling
Respondent retracts former plea of no
guilty, and pleads guilty to one oifense o
selling Sentence suspended.
STATE v. A. j. GLyssoN for nuisance
Z Respondent retracts former plea of no
guilty and pleads guilty to the offense q
keeping nuisance. Sentence suspended.
! STATE V. A. j. GLYssoN, for selling. o.
7 representation by states attorney that It
spondent is now out of the liquor business
3 this case was mol pressed.
] STATE V. ARTHUR DERvEAU, for selling
Plea, guilty of five first offences. Sentence
125 days in the house of correction.
S STATE V. ARTHUR DERvEAU, for nuisance
= Plea, guilty. Sentence, three months i
4 house of correction and to pay a fine of 81
:, | without costs.
STATE V. GEORGE REED, for selling, Pies
guilty of one first offence of selling. Ser
, tence deferred
: STATE V. GEORGE REED, for nuisance
Plea, guilty. Sentence deferred.
. STATE " GFGRGE REED for keepinl