Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1894-12-27
IN OUR OWN STATE.
WINDSOR COUNTY COURT.

The December term closed at 10 a. m.
ON the Odd inst. A brief resume OF its
doings may be of interest and we have
confined ourselves generally to cases of
interest to our readers not intending to
report every case.
No. 8, David p. Brown VS.. Bertrand
w. Brown and +. &. Davis, admins
traitor trustee; Judgment ON the report
of w. r.. johnson, commissioner, that
the trustee is holden for the sum of
| S1S7.74. No. rs, Eugene A. Thomas VS..
Joseph G. Caswell, action of trespass:
Judgment for plaintiff for $l57, dam
ages and costs. The two indictments
against Joseph G. Caswell of Taftsville
| for arson were entered nolle prosequi by
order of court, on recommendation of
the former states attorney Fred G.
Southgate. A nolle prosequi was en-
tered in case of state VS.. John Reagan
of Ludlow States Attorney Enright
stated to the court that he did not be-
leive he could secure conviction of
perjury.
No. 27O, A. j. Crosby vs.. Enterprise
Cheese company, resulted in demur
rer and a Judgment dismissing the petit
| ton and the case was passed to the
supreme court for the consideration of
the law questions involved. G. A.
Davis for plaintiff, J. G. Enright and j.
J. Wilson for defendant.
No. 3l5, A. G. Kibling and Gilbert A.
Davis, executors, and G. w. Sabin,
administrator of estate of w. III. Sabin,
late of Windsor vs., +. ID. Pettes: Cen
eral assumpsit in two counts, the first
for use and occupation of real estate in
the life time of Mr.. Sabin and the
second for use and occupation of the
same real estate after his death. The
hearing was on demurrer to defendants
third plea which the court held insutfi-
cient, and gave defendant leave to re-
and w. E. johnson for plaintiff, J. G.
Enright for defendant. No. 323, In re
w. HI. Sabin' IS estate, A. G.. Kibling and
G. A: Davis executors, G. w. Sabin adj
ministrator. Lucy E. p. Sabin, widow,
G. X. Sabin, residuary legatee, appel
liant. This was petition to have the
fifth clause in Mr.. Sabin' IS will construed.
A latent ambiguity was found and the
question was as to the meaning of the
terms my "Pettes Farm" whether
those words included the Burbank pas
lures which Mr.. Sabin had bought, adj
joining that part of the John Pettes
farm in Windsor which he had pre-
viously owned. The court decided that
the intention of the testator was not to
include the two pastures in the "Pettes
FARM and decreed them to the resi-
duary legatee, DR.. G. X. Sabin of
Brookline the only son of W. H. Sabin;
exceptions by the widow. G. A. Davis
for executors and administrator; w. E.
Johnson for G. X. Sabin; j. G. Enright,
! ID. G.. aud J. ID. Denson for the widow,
Lucy E. 2. Sabin.
No 800. The Asahel P. Fairbanks
will case was not heard, but continued.
! This case is from Springfield.
| No. 354. Carl d. Cushing, admins
| traitor, VS.. William r.. Adams, action of
ejectment, heard on demurrer The
court held that the description "the
land on which stands dwelling house
and outbuildings occupied by A. B." is
sufficiently definite, and oyerruled the
demurrer.
No. 3S2. In re of the estate of Han
Thomas O. Seaver of Woodstock is APP
pointed commissioner.
No. 1856 and 1856, state VS.. John Nc
Carly. These were two complaints
against John McCarty of Windsor for
being the owner or keeper of a dog with
out license. The word cor" proved to
be the disastrous word and the COM
plants were adjudged fatally defective
and the respondent was discharged, j.
G. Enright for state; G. A. Davis for
for defendant. Elizabeth e Marsh VS..
Albert w. Marsh; divorce case from
Chester. A hearing was had as to the
validity OF the marriage on account of a
previous marriage of Elizabeth. The
court held the marriage valid, but the
case is to go to the supreme court on
that question. Twelve dollars per week
was ordered for temporary alimony. G..
L. Howe of Rutland for petitioner; J.
w. Pierce and G. A. Davis for petit
tionee. Frank Bancroft of Woodstock
was tried on an Indictment for being
found intoxicated. The jury after being
out "A hours returned verdict of gull
ty. The respondent paid the costs and
one half the fine, but the Imprisonment
in the House of Correction for 30 days
was suspended for two years, and is not
to be enforced if Mr.. Bancroft keeps So
Der. The value of this case to the pub
lie grows out of the definition of "in-
toXicated" as stated by Chief Justice
Ross in his charge to the jury. ga per-
son is intoxicated within the meaning
| VI tHc oldCulC whichever ny ISdSOu vi d.
cOholic liquors he has not the full con-
troll of his mental or physical powers"
Divorces granted: Addie E. Burton
from Harvey w. S. Burton for wilful
desertion; Nettie M. Bragg from Frank
L. Bragg for wilful desertion; Effie B.
Bugbee from Fred M. Bugbee; Annie
Beckwith from Delmer Beckwith for
refusal to support; Walter w. Dearborn
from Annie E. Dearborn for wilful de-
sertion; Carrie L. Larabee from Horace
E. Larabee; Jennie l.. Lawton from
William HI. Lawton, for adultery; Mary
l.. Norton from Paul Norton for intol-
cradle severity; Elisha c. Thomas from
Ann Thomas for adultery; Addie lash
70 from Charles Tashro; Lora A. Will
der from Willie Wilder for adultery.
No divorce was granted in Lamb vs..
Lamb of Hartland. No Chancery hear
ings were had except upon motion. The
case of Hubbard vs.. Moore is to be SUBJ
mitted on briefs and White and Ham,