Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1894-09-21
WINDHAM COUNTY COURT
The Marlboro Pond Case Goes
to the Supreme Court.
The Proceedings Of the Veek--Andrews
vs.. stafford and Burke vs.. Howard.

The Proceedings of the Veek--Andrews
vs.. stafford aud Burke Vs.. Howard.
In the case of Mack vs. Rhoades ct ais
reported last week, the jury returned a
verdict for the plaintiff to recover the seiz-
in and possession of the farm and Sj342
damages.
1bJy Il. ApdrewS rs. Joshua G. Stdt-
ford, gUdrdjda,-Action, general assump-
sit to recover for articles furnished and eX
penses incurred for doctoring and nursing
one Rose f. Andrews. 1t appeared that
the defendant was appointed guardian of
Rose E. in 1884; that for some time previ-
GUS she had worked for Lewis Weather
head of Guilford for 81 per week; that
after the death of Lewis she worked for
Asenath Weatherhead until her death in
April, 1886, for S1.50 per week. She then
went to live with an aunt by the name of
Gallup, but only stad few weeks when
she came to the house of the defendant.
She then went on visit for few weeks
to Mrs. Howe's in North Bernardston.
The plaintiffs evidence tended to show
that while Rose was at the house of Mrs.
Howe, the plaintiff and Mrs. Howe drove
to defendants in Guilford, and plaintiff
wanted to know what was to be done with
Rose, as some place had got to be found
for her; that defendant said to plaintiff
that he could not have her at his house
and she must find a place for her; that
she must make her earn her way, if posi-
BILE, in whole or in part, and whatever
there was to pay he would pay it, that the
guardian had in his hands some $3.50 be-
longing to his ward Rose; that defendant
took her to her aunt's in Vernon where
she staid some five weeks, and then took
her to her own home in Greenfield, where
she kept and supported her until the fall of
1887, when she took Rose to a Mrs. Wor-
denis in Orange, Mass, where she had
been most of the time since; that in 1889
and 1890 Rose had severe sickness and
the doctors and nursing bills amounted to
some $500, which she had paid into SIPS,
and was holden to pay the balance; that
the other furnishings of clothing, ETC., from
the fall of 1886 to October, 1898, amount
ed to from $500 to $500 more, which plant
if had also paid.
The evidence of the defendant tended to
show that he never made any bargain or
contract with plaintiff to take care of Rose
or to pay her anything therefor; that he
never had the conversation with plaintiff
as testified to by her; that in July, 1856,
plaintiff came to his place in Gulford and
asked permission to take Rose from Yer
non to her place in Greenfield; that he
told her she could do so and keep her so
long as she could make Rose pay her own
way, and that when she couldn't do that to
return her to his house without cost to
him; that plaintiff had never presented
any bill or made any claim upon him until
just before this suit was brought that she
had tried to have him resign his guardian
4 Il
Massachusetts, and wanted him to turn
over the funds in his hands to the Massa-
chusetts guardian, which he had refused
to do, because the authorities of Guiford
had objected to his doing so, being fearful
that plaintiff would expend the estate and
then return her to Gulford to be support
ed. The evidence was closed Saturday;
the case was argued Monday afternoon,
the court charged the jury, and they re-
tired but were unable to agree upon a YER
dict and were discharged Tuesday after
noon.
Fits, Waterman, Martin & Hit for the
plaintiff; Haskins & Stoddard for the de-
PENDANT.
HOrdrd NJ. Burke Us. Nelson Howdrd,
Apt.-This was an action of trover. The
evidence on the part of the plaintiff tend
ed to show that in 1891 the plaintiff let the
cutting of the hay crop, on a certain farm
of the plaintiff in Townshend, to the de-
PENDANT at the halves. The defendant
cut and divided the hay in the barn, and
afterwards bought the plaintiffs half for
IS, with the agreement that he was to pay
for it before he used is; that he never did
pay for it, but subsequently fed it out;
that in January, 1892, defendant bought
the farm at $50, giving his notes therefor,
and plaintiff executing to defendant a
bond for a deed conditioned to convey
when payment was made; and further CON
ditioned that all crops and products of the
farm should be plaintiffs until the notes
were paid; that said products, when sold,
the avails were to be applied in payment of
the notes; that defendant consumed all
the hay cut on the place the season of
1892, and also cut and sold a quantity of
wood and converted the avails to his own
use; that the wood was second growth ma
pie and in quantity about II cords, worth
on the lot 81 per cord.
The evidence of the defendant tended to
show that he bought the hay of 1891 for
SIS. and it was agreed that he could pay for
it in wood, logs or lumber, and that he had
paid for it by logs which he cut, got into
the mill or left on the lot, which the plant
if took possession of and had never ac-
counted to him for them, either on the
farm contract or in any other way; that he
only cut four cords of wood and sold off
the place, worth on the stump % cents per
cord. That the logs which he cut and
got into the mill and left on the lot, and
which plaintiff subsequently had when he
took possession of the farm, more than
paid for the wood and all the hay which he
used, which was cut on the place.
The jury rendered a verdict for the
plaintiff to recover S2S.92 for damages.
Waterman Martin & Hit for the plaintiff;
Fits for the defendant
The following additional indictments
found by the grand jury have been dock
eted, viz:
State VS.. George Pond and Charles
Brown for malicious mischief
State VS.. Edward C. Clark for adultery.
anton Erickson US. B. S. BaLestier,
Apt.-This was an action of general as
sumpsit. The evidence of the plaintiff
tended to show that he labored for the de-
PENDANT on his farm in Brattleboro from
Aug. Is, 1898, to Dec. %, 1893, at $1.50
per day to Dec. /, and after that at S1.35;
that there was balance due him for said
labor in the sum of 500; that the defend
ant also owed him about $50 for transport
ing, during a portion of the aforesaid time,
F.. a. -