The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1895-11-20
Washington County Court.

STATE V. HARVEY BADGER OF Danville.-
This was an action in which respondent
was charged with committing breach of
the peace. The state claimed that the re-
spondent assaulted George Oderkirk at his
home in Cabot, between tw 9lve and one
O'Clock at night on March 80, 1895, with an
axe, cutting a cash in his forehead about
one and one-half inches long, The state.
ment of Oderkirk and that of the respond
ent (who were the only witnesses who
testified to the main occurrence) differed
materially. Oderkirk claimed to have been
awakened by the disturbance which re-
spondent made at the door and remained
quiet for little while, hoping that Badger
would leave, but as he did not, opened the
door and was assaulted with an axe, with
the result stated. He then called his wife
(who is the sister of Badger) to bring him
gun, which she did, requesting him not to
shoot. He took the gun and, using its
butt-end, knocked Badger over with it.
Badger had been at the house on the
day preceding, and had been shown
COW upon which he had lien. The
COW had calved shortly before, but had
not cleaned Badger claimed that his time
after his visit to 0derkirk in the daytime
had been mainly spent in trying to get one
Granger to come and see the COW, as he was
uneasy about her, which Granger failed to
do but other evidence showed that the
COW came out all right without assistance.
Badger testified that the occurrence on the
evening in question took place between
eleven and twelve o'clock. He had stayed
at the house on invitation several times be-
fore, and bis intention was when he called
there that evening to stay over night. He
had previously been on friendly terms with
Oderkirk, and, to show the friendly relations
between them, he claimed that Oderkirk
had treated him with Intoxicating liquor
on his visit in the daytime. His story was
that at the time Oderkirk opened the door
ha was knocked down with tba bntt Of "a
gun, and that Oderkirk continued to strike
him with it-as he estimated-about one
hundred times; and during that time he
swung around the lantern which he had in
his hand, which might have hit Oderkirk.
A denial was made by Oderkirl to having
treated Badger to liquor, as he had testified.
A large number of witnesses to surround
ing circumstances were used on both sides.
The case was submitted to the jury little
past five o'clock on Wednesday afternoon.
Verdict, guilty. States Attorney Stanton
and j. G. Wing for state; j. p. Lamson and
w. A. Lord for respondent. New bail was
fixed at $500, and the case will be taken to
the supreme court on a motion to set aside
verdict.
STATE V. FRED BRUCE.-The trial began
on Thursday morning Respondent was
charged with an assault upon III. A. Rugg
at Barre in August 1894. The evidence
disclosed that Rugg at that time was lessee
and manager of the trotting park in Barre,
upon which races had been advertised TO
occur on the first three days in August.
The alleged assault occurred between
twelve and one o'clock of the first day OF
the races. The evidence of the state tended
to show that there were two gates to the
park, which swung together that on see
ing Bruce coming, Rugg, who was at the
| gate taking tickets, closed one of the gates
and was closing the other, and while stand
| ing in the gap with one hand ON each gate
was struck in the head by Bruce, which
blow caused him to fall; and that Bruce
continued to strike Rugg while down until
| told That he had done enough by one Stat
ford, who was standing near. Most of the
witnesses confined the number of blows de.
| livered after Rugg was down to two or three
| There was no witness who saw Rugg strike
back. Rugg testified that for few mo-
ments he was in an unconscious condition,
! but this was hardly borne out by the
other witnesses. Thomas Short testified
that he saw the first blow delivered by
Bruce, and that he was only about three
feet away being inside of the gate. Enos
/. Fuller was assisting in taking tickets.
He testified that he saw Bruce make a
pitch toward Rugg and chug" him after
he was down. A number of witnesses tes
titled as to the occurrence, but their OPP
portunities of seeing were not as favorable
| as those named. George Badger, who
was in the ticket office, testified that, acting
under instructions from Rugg and III. A.
Bolster, he had refused TO sell ticket to
Bruce; and, on being recalled, testified that,
on being asked the day before by Bruce,
had informed him that he had orders not to
sell him any tickets, upon which Bruce re-.
piled that he had not intended to go TO the
trot, but should now anyway, and If Rugg
would not let him in he would not attend
any more horse-trots that season. James
Nj. Boutwell, testified that after he had pur-
chased four tickets for himself and three
friends, Bruce took ticket out of his hand
whereupon he told him he was no gentle
man. Bruce offered TO pay for it. Bout
well bought another ticket, fhe only wit
ness used by respondent was one Donahue,
who testified that sometime afterwards
while crowd were TESTING Rugg about the
matter, he had said that he was not much
hurt. No arguments were made on either
side The case was submitted to the jury
at about four O'Clock on Thursday after
noon, who were out about ten minutes
returning verdict of guilty. Respondent
was sentenced to four months in the house
of correction at Rutland. Exceptions 10
supreme court taken and mttimus stayed
New bail fixed at $500. States Attorney
Stanton and f. l., Laird for state; j. w.
Gordon and w. A. Lord for respondent
GERTRUDE L. JONES " IDRYs JONES'
Libel for divorce. Heard on Friday after.
noon Petitioner resides in Barre. De
PENDANT, who made no appearance, is sup
posed to be- somewhere in the West. Bill
granted for intolerable severity. The Gus
tody OF her boy was granted her. Hell
attorneys were Dillingham; Huse & How.
land.
u. MACCHI " FLETCHER GRANITE Com
PANY OF ST. ALBANs. Plaintiff is an Italian
granite manufacturer from Barre, and, un.
der contract with defendants made fol-
them certain granite monumental work iu
1894 Defendant had undertaken the jot
for John p Weston OF Rochester, n Y.
who, not receiving IL by Decoration Day
claimed of defendant damages o the
amount Of $40, which we're allowed him
The effort Of defendants to make plaintiff
bear this loss resulted, az defendants
claimed, in compromise in July, 1894 IL
which plaintiff agreed to discount $40 from
the contraci price, and whether such com
promise had been made was the issue il
this case The case came on for trial Fri
day morning and was submitted TO the jur,
about four o'clock in the afternoon. Yer
dict for plaintiff for $3.50 1.-THE ful