The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1895-04-24
Washington County Court.

w. r. DUNHAM V. PETER HERNoN, APT
An action for assault and battery. 1t ap.
peared that in the latter part OF last June
the plaintiff, while riding past the Pioneer
mills on bicycle, accidentally ran into the
defendants little boy Willie. Defendant
and others were watching the termination
of a dog fight at the time. The evidence
was to the effect that defendant would &C
cept no apologies from plaintiff for the in.
juries done his child, but attacked him and
knocked him down three times. Defendan,
in his testimon admitted the assault, but
endeavored to show that the latter part oil
the fight was in the nature of a sparrine
match. In the justice court plaintiff re-
covered $50 and costs. The jury returned q
verdict for plaintiff to recover S135 aud
costs. j. w. Gordon for plaintiff; n. W
Kemp and w. A. Lord for defendant.
NELSON M. SMITH v. M. j. BAILEY, APT
Both parties reside in Calais. The issues
were various and complicated. The action
was brought in trover for the conversion OF
a horse which defendant, as constable, had
sold on a chattel mortgage. Defendant
claimed that the matter had been settled by
an arbitration awarded by Leroy Kent and
the tender OF the amount awarded. The
jury returned a verdict for plaintiff Of
S63.60 damages and costs. j. p. Lamson
for plaintiff H. w. Kemp and J. II. Senter
for defendant.
AMY l.. MCGOWAN v. JAMES f. MCGOWAN
Libel for divorce. Petitioner resides In
Berlin. Defendant who made no appear
ance, is in Saratoga, N Y Bill granted for
iutolerable severity and refusal to support
Custody of minor child decreed to peti.
toner. Her attorney was j. G. Wing.
CUTLER & MARTIN v. SKRELs EFT AIS
The parties in this case were Cutler & Mar
tin OF Planti I'D, plaintiffs, and II. Skeels
and National Bank of Barre, trustees, de.
PENDANTS. 1t is an action in general as
sumpsit to recover for LII pounds of beef
which plaintiffs delivered to defendants,
January 1894 1t appeared that the trade
was made with the defendant Skees by
Howard Martin, who is the brother OF
Willard Martin, one of the plaintiffs, acting
for them. The price to be paid was SO ven
cents per pound. The defendant in his
young steers, and, judging from the appear
ance of the beef, 1t was produced from ami
mails twelve to fifteen years of age; that he
was obliged to salt down a portion of the
beef, OF which he had 300 pounds yet unsold,
and which he had offered to return to plain
tiffs II they would pay the freight that what
he sold was at reduced price, and that a
portion was thrown away The testimony
of Howard Martin was that he sold pair
OF large, coarse, Durham cattle, six, seven,
or eight years old. Plaintiffs also made the
point that defendant, by accepting and
keeping tHe Deel, is eSUOppeu from denying
the co ntract, r. A. Hoar and W. A. Lord
for plaintiffs; j. w. Gordon and f. L. Laird
for defendant. The case was submitted to
the jury at four o'clock Tuesday afternoon.
After being out about one hour they re-
turned a verdict for plaintiff for $132 and
costs.
STATE V. FRED MoRsE.-Perjury COM
mitted in making disclosure in trial
for intoxication before Justice M. E.
Smile. The respondent lives in Mont
pelier. He pleaded guilty, and claimed in
his own behalf that at the time of disclos.
ure he was still under the influence of
liquor. He was sentenced to two years in
the states prison at Windsor.
STATE v. ALANsoN w. LUCE.-Perjury
This case, which was tried at the last term
of court and resulted in disagreement OF
the jury, was mol pros'd