The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1895-11-27
WASHINGTON COUNTY COURT
RECESS TAKEN UNTIL MON
DAY, DECEMBER 2.

.
dict was overruled. He was sentenced to
eight months in the House of Correction.
| The case will be taken to Supreme Court.
New bail Of $500 was furnished by Mr.. Lam.
son.
RUSSELL SAWYER v. ROSWELL CHILD
Parties reside in Moretown. In 1877 a
chancery suit was started by Charles II.
Dale against Mary and 1. ID. Robinson.
While that suit was pending plaintiff, az
constable OF Moretown, under a writ Of Sc
questration sold the property OF the Robin
sons, which he had attached, at auction on
August 81, 1877. Child bid off the greater
portion of the property for $226.50, giving
Sawyer, the same day, a due-bil, with in
terest. The day before this due bill would
outlaw the following note, renewing the
same, was given: "Moretown, August 20,
1888. For value receive promise to pay
Russell Sawyer, or order, S32525 on de-
mand, with interest, provided the plaintiff
in the suit against ID. and Mary Robinson
sustain their case and find the defendants
the above amount indebted to them. Ros.
well Child" To secure himself against an
adverse decision in the chancery suit, Child
retained in his possession the amount which
he was owing the Robnsons. February 10,
1894, Child effected settlement with
George Robinson, the son of Mary and I. d,
to whom they had assigned their account
against him, giving note of $500 to George,
which was paid when due. Prior to the
making of this settlement K. A. Heath of
Moretown, at orney for Dale in the chancery
suit informed Child that the chancery suit
might be settled for 800. Heath admitted
that he was the party in interest in this suit.
A stipulation of settlement in the chancery
suit was filed in court September 81 1894,
e. A. Heath acting as solicitor for Dale and
I. j. Deavitt for the Robinsons. This
stipulation or decree, was against the Rob.
insons and was for S5S33O. The defendants
counsel in this suit objected to the admis-
sion of evidence as to this stipulation, az it
had never been signed by the chancellor
and so could not give life to the condition of
the note, but for the purpose of the trial it
was admitted pro forma. The defendant
further claimed that this settlement had
been made by the parties in coll 1sion
against him so as to compel him to pay the
note to Sawyer, and was fraudulent. The
jury took the case Thursday forenoon, and,
after being out a little more than a half
hour, returned verdict for plaintiff to re-
cover $685. GO and costs. E. A. Heath, T. j.
Deavitt and S. c. Shurtleff for plaintiff
Dillingham;, Huse & Rowland for defend
ant
MALCoM MCAULAY AND WIFE v. Y. Nc.
AULAY, APT, AND MICHAEL GosLANr,
TRUsTEE.-Plaintiff run a boarding house
at Barre and brought this suit against d d
PENDANT to recover S32 So for the balance
due on his board bill and So for keeping his
horse. The defendant admitted that the
charges against him were correct, but
also claimed n misjoinder of plaintiffs in
bringing this suit. The jury returned YER
dict for plaintiffs for $34.77 and costs. j. w.
Gordon and w. w. Lapoint for plaintiffs
Frank j. Martin for defendant.
ELGIN j. BILL V. GILMAN BILL.-In chan
Gerry. bill of foreclosure upon real es-
tate valued at from $500 to $500, and said to
be located in Woodbury.. The bill was
taken a confessed. Decree for orator.
Time OF redemption, one year. j. G.. Wing
for orator.
STATE v. B. ToMAsI-Two cases-one
being for liquor nuisance, in which bail
was fixed at $500, and the other for keeping
with intent to sell, bail being placed at 5000.
Bail was furnished by his brother, G.
Tomasi The cases had their origin in a
liquor raid made at Barre on Wednesday
evening of last week. j. w. Gordon is
counsel for respondent.
STATE v. ARTHUR CAMPBELL.-Two cases
"a liquor nuisance and keeping with intent
to sell. Bail placed at $500 and $500 respec-
lively, which was furnished by j. III. Jones
aud A. @. Slayton. These cases grew out of
the raid az Barre on the date above named.
Campbell is represented by j. w. Gordon
and w. A. Lord.
STATE V. FRED BRUCE.-The respond
emit, who was convicted of an assault
upon a.. A. Rugg and sentenced TO
four months in the House of Correction,
was present in court on Thursday. W. A.
Lord his COUNSEL asked that the order
staying the mittimus be strken off and that
the mittimus be issued at his own request,
which was done. He desired this that he
might be serving his sentence His excep
tons, unless waived, will still have to be
passed upon in Supreme Court
STATE V. WILLIAM MILLER OF MONT
PELIER.-An information was filed against
the respondent Thursday afternoon by
States Attorney Stanton, charging him
with two second offences of selling intoxi
eating liquor. Bail was fixed at $1,000,
which was furnished by s. q. Shurtleff
The case was assigned for trial on Monday
after noon, December g.
DAN. GUILD V. ELIZA A. GUILD Divorce
Petitioner resides in Mortified. The case
was heard Thursday afternoon. Bill granted
for desertion G. ID. Edgerton for petit
toner.
STATE v. A. ID. BURGESS, APT.--In two
old cases respondent is charged with keep
ing and selling intoxicating liquor. The
states attorney had his witness present for
trial Thursday afternoon, but as the re.
spondent was not present the bonds were
called and forfeited and bench warrants or
dered. His counsel, j. G. Wing, had tele-
gram from physician in Wells River,
saying that Burgess could not be present.
The court held that as he had been properly
notified to be present by his counselshe
might have had some one in court who had
personal knowledge as to the facts.
ANN RowANv. ROBERT RowAN.-Divorce.
Petitioner resides in Barre. She was
granted bill for intolerable severity.
Most of the household furniture was granted
her as alimony. w. E. Barney for petit
toner.
M. w. WHEELoCK EFT AL. v. CITY OF
MONTPELIER AND Town OF BERLIN.-This
was petition for bridge across the Barre
branch of the Winooski river. The court
appointed Hon. q. M. Wilds of Middlebury
and Associate Judges G. e. Jones and T,
IL. Lance as commissioners in the case,
which was continued
GEORGE B. NEwCoMB v. w. j. MCGLAF.
FLIN.-The parties reside in Warren. Earlier
in the term plaintiff obtained against the
defendant verdict for one cent damages
and costs On motion of his counsel, Frank
Plumley, certified execution was granted,
to which exceptions were taken.
THE jurymen were excused from service
until Monday afternoon, December 2. 1t
had been expected that they would be dis.
missed, and they would have been had it
not happened that new informations in