Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1893-09-22
wINDHAM COUNTY COURT.

strRttOn Case---Verdict Of the Deren-
dant.
The grand jury reported the following
indictments:
state Us. Leon H. Galeft, for adultery.
state rs. Edlcdrd h. Richards, for assaa't with
intent to ravsh.
state rs. Warren J. Richardson and Alta j.
Weiimdn, for adultery
state rs. Frank h. Aiken and Gertrude Ben
for adultery.
state Us Stephen Gombourd, for larceny
state Us. Dovid Leahy, for assault with a
dangerous weapon.
state rs. Charles h. Rice, for forgery
state Us. Adin HOiCdrd and Gertie FdrdtCeH
for adultery
A. @. Barnes &c Co. u.s. Eben N. STRAIT
ton. This case was an action of trover for
a quantity of treasury notes, national bank
bills and silver coin.
Evidence In the Barnes VS.. StrattOn Case.
The evidence on the part of the plaintiffs tended
to show that in 1891 and 1892 they were running a
meat and provision market in Bratteboro and
that the defendant began to work for them in
February, 1892, and continued with them until his
discharge, May 10, 1892. That defendants bust
ness was that Of peddling meat from cart most
OF the forenoon, assisting In slaughtering In the
afternoon, and work in the market evenings
That he was paid 81 80 per day, or 50 per day
when he used nus own horse That soon after he
began work the plaintiffs were satisfied that their
cash sales were not what they should be- April
list they found themselves without sufficient cash
ventory April % 1892, and found they had sus
tanned shrinkage In their business of some five
or SIX hundred dollars that they could not account
for. That the plaintiff Barnes had the principal
management of the business, kept the books and
attended to the financial concerns Of the firm
The plaintiff Schorlng ran m. at cart in the
forenoon and had charge Of the Strengthening in
the afternoon. That beside the plaintiff Schor-
ling and the defendant, they had two other EN-
| ployes who ran meat carts In the forenoon and
during the rest Of the day had no other work to
do except to assist in the market when the defend
ant was away.
| That each afternoon or evening the accounts of
| the four pc oilers were written up five dollars in
change placed in each of four bags which they
carried on their routes, and placed in a desk
where they could readily get them when they
started out in the morning After the trip was
over these meat pedders would return the bags
to the desk, when Barnes would during the after
| noon, count 1t over and place s. in change in
| each bag for the next day s trip That on several
| mornings along the first part of May money was
| missed from the bags. In one instance Is cents
was gone, at another time 81, at another over 80
and one morning the entire s. was missing from
one bag The peddlers reported these matters to
| Barnes, and he then marke all the money placed
IN the bags, went to the market early in the
| morning, and finding il all there would then sub
stitute unmarked money for it before the peddlers
Friday, May 49, he set watch on the defendant
| from behind thin board partition left defendant
IN charge with IS 80 in change and two 81 bills in
the money drawer. went into the street gave a
gentleman 81 bill and requested him to 20 into
the market and make purchase. The gentle
receiving IS cents in change and some corned
beef. That two others came in and made small
purchases, paying for them, and that the defend
ant, instead of putting the money in the drawer
placed it In his pocket That on Barnes's return
to the market the defendant left for dinner and
on counting the money in the drawer 65 cents in
change and the two 81 bills were gone. The same
evening defendant was arrested the writ IN
this case and also on search warrant. His
clothes, person and house were thoroughly
searched, but nothing was found that he plain.
TINS could identify as theirs.
The defendant admitted that he had often nut
money paid him into his pocket and made change
therefrom when he was in the market and before
be had deposited his cash In the bag in the desk
and did not doubt but that he did on the occasion
referred to, but he absolutely denied that he ever
mixed plaintiffs money with any Of his own, that
he ever took any from the drawer in the meat
market or that he ever appropriated a cent of
plaintiffs money that he did not fully account
for and they have the benefit Of He was - years
OF age and had been in the meat business, more
ent persons as well as for himself.
Verdict for the defendant. Waterman,
Martin & Hit for plaintiffs; Haskns &
Stoddard for defendant.
Lucius A. Moore uS. Charles N. Rice.
Action, ejectment for a lot of land with
dwelling house and barn thereon in the
village of Brattleboro. Trial by the court.
The premises were formerly owned by Chas f.
and Lowell G. Perham. May 10, 1885, the plaintiff
loaned the Perhams $780, ard took from them a
"hTdiltee ueeu OF tne premises at the same time
executing and delivering TO ChaS T.. Perham a
written contract agreeing to convey to him said
premises at the expiration Of two years providing
the $500 and interest should be repaid to him
ON the same day Charles +. Perham leased to de
PENDANT the same premises for the term Of two
years at rental of SiiS per year, To be paid to
the plaintiff, and the taxes etc. The defendant
has been in possession of the premises TO the pres
ent time, having paid the taxes, with the excep-
ton Of one year, and total rent OF S297 ~ during
the time. In January, 1893, plaintiff demanded
possession and notified defendant to quit, and on
his refusal so to do the present suit was brought
The defendant claimed to hold by virtue of an
understanding between Perham and his wife
sometime in 1886. that if defendant would pay
the amount due plaintiff. he, Perham, would con.
vey TO defendants wife The defendant never
did pay anything, except as above. Defendants
wife died year ago aud in February last Perham
quitclaimed all his interest to the plaintiff.
Judgment for the plaintiff for the seiz-
ure and possession of the demanded prem
ises and 81 damages. Haskins d Stod-
dard for the plaintiff; Waterman, Mar
tin n Hit for the defendant.