Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1894-09-24
COUNTY COURT.

L
This was an action on the case. It APP
peared in evidence that in the years
1859 and 1850 the plaintiff resided in
Manchester, N. III. While there she
formed the acquaintance of the de-
PENDANT, "A. w. Palmer. This acquaint-
ance ripened into love and after
short time they were married at Sa-
lem, Mass. 1t had been reported to
Miss Morrill, that Palmer was mar
ried already When she asked him
about it he assured her that he was
not and offered to prove to ner that
he was single man. Relying upon
his word, she did not Investigate any
more and lived with him till last
spring, when for some reason she
went to Eprocure a divorce. Upon
examination of the records it appeared
that she had never been legally mar
ried, as he had wife living when he
married her, who did not procure
divorce from him till about four years
after his marriage to Miss Morrill,,
whereupon she sued Palmer for her
services during the past thirty five
years as the only recompense for her
wasted life. The jury gave her So, 500.
T. Grout and @. A. Prouty for plain
tiff, Dickerman & Young for defend
ant.
VIM. Simon, Jr., VS.. Catherine Kill
garlen: This was one of the longest
and most hotly contested cases tried
in this court for a number Of years.
The parties reside at E. Albany. 1t
was an action Of assumpsit brought
by the plaintiff to recover on note
OF $97O.32, purported to have been
given by the defendant on the 25th
day of April, 1894. The plaintiff
claimed that some ten or eleven years
ago he let Thomas Kilgarlen, a broth
er of the defendant, have $3.50, for
which he took his note. This note,
he claimed was witnessed by Frank
Hunter. The note ran on till 1892,
when Kilgarlen gave a mortgage for
sister, to secure her for her labors as
housekeeper and servant for twenty
years. The plaintiff claimed that
shortly after the execution Of the
mortgage he went to Catherine and
secured her signature to the note he
held against her brother Thomas, to
which signature one Henry Hunter
was witness. Simon claimed that
he held his note till April, '94, when
he took it to w. d. Tyler, Irasburgh,
who figured up the interest and wrote
the note incquestion. Simon took the
note home and the 6nexto day he saw
Henry Hunter passing; he went with
Hunter to the residence of the de-
fendant. AS they drove in one d. j.
Carter happened to drive in; they
went into the house and the note was
read to Catherine and she signed it by
making her mark, which Hunter wit
nessid: after which they drove away
without seeing any one except Geo.
Vance, who was passing. The de-
fendanb, who is. 70years old and can
neither read or write, denied that she
ever signed either note and denied
that any old note ever existed and
produced Frank Hunter, whose name
was on the old note, as a witness.
He swore that he never signed note
OF $3.50 as a witness, but that one time
he did witness a note Of $50 for de-
fendaut. Also produced witnesses
who were present at the house on
the day the note was executed,
and who did not see Simon, Carter or
and others to impeach some |
Of his witnesses in regard to some of
their statements. Simon proved one
of the worst witnesses for himself;
his bad memory and the fact that he
was unable to state where or when
the money was obtained that he fur
nished Thomas Kilgarlen operated |
against him. The arguments
were among the ablest ever heard in
this county. The jury were out but
half an hour, when they returned a
verdict for the defendant to recover
her costs. w. d. Tyler, Dickerman
& Young for Plff.; M. P. Riordan, w.
w. Miles and Fl. @. Bates for Def.
State VS.. Edwin Humphrey: The
who is but seventeen
years of age and resides in Charleston
was charged with committing rape
upon the person of Nellie Palmer,
girl of thirteen years of age, in March
1898. The testimony in this case was of
the usual character in such cases, of /
which nothing need be said. Verdict,
mot guilty." w. W. Miles and b. A.
Cook for State; Dickerman and Young
for defendant.
State VS.. Nathan Beede: The |