Middlebury register. (Middlebury, Vt.) 1886-1937, 1895-12-06
DplsoN COUNTY COURT.

Royal j. Flint of Granville as assistant
Judges These are the other officers Of
the court: Rufus Wainwright of Mid
dleburv. clerk c. NJ. Wilds of Middle
bury, deputy clerk; Frank l.. Fish OF
Nergennes. States attorney; Kent w.
Merritt of Shorehan. sheriff, with eleven
deputies Miss f. NJ. Balou of Rutland,
reporter, and Charles f. Pinney of Mid
dlebury treasurer.
Only few out of town lawyers were
present. These were f. NJ. Butler of
Rutland, w. II. Bliss and ID. j. Foster of
Burlington, eX-Gov. Ormsbee of Bran
don, j. w. Page and w. W. Rider of
Bristol and +. w. Tuttle and +. l.. Fish
of Ncrgernes.
Rev y. w. Lyman of Mlddlebury
Offered prayer, after which Sheriff Mer-
ritt made proclamation opening the
court. The grand jurors were then
called and swCrn. and all were found to
he present. Judge Taft gave them the
usual instructions and appointed Hon.
VIM. >. Wright of Watham their fore
man. They then retired to take up their
work, of which there was large amount
4 awaiting their attention.
Next the petit Jurors were called and
sworn. Five members of the panel were
excused from serving for the term for
one reason or another.
The jury calendar was called over and
the cases thereon were marked as fol-
lows, with some changes made in the
afternoon: james +. Crane V. James
Howker, SylvanIa II. Downing V. Clin-
ton lIalock, Hoel Sayles V. VIM. b.
Jones, appellant, town of Bristol V.
town of Starksboro, appellant, and f. f.
Foot V. Frank Matot, appellant, con
tinued; George Douglas, appellant, v.
George Phillips, Minerva l.. Peck V. b.
). lockwood and Mary 5. Putnam V.
Central Vermont Railroad, discontinued; /;
town of Granville V. town of Hancock,
with the court; Peoples National bank
V. Robert Easton ct al, Thomas IL.
Mcleod V. Martin Calvin, appellant, n.
G.. Norton & Sons V. w. n. SatterlY,
G. l.. LaBOeuf, appellant, V. VIM. H..
Taft and wife and trustee. Charles Man
chester by next friend Henry Manches-
te" V. Frederick Dean, appellant, and
Elijah IaBountv V. Levi Leno, appellant,
for trial.
The general docket was next gone
over and fifteen petitions for divorce and
a considerable number of civil cases
were set for court hearings. The divorce
cases of Henry A. Briggs V. Martha
Briggs and Hannah Morris V. Nealy
Morris were discontinued and that of
Ormus ID. Lewis V. Nettie II. Lewis was
dismissed without prejudice. A number
of cases had been settled and were en-
tered discontinued. In Kendall 4 Moore
V. f. II. Farnham judgment was entered
tor the plaintiff, the clerk to assess the
amount The criminal eases on the
docket were passed for the time. as
States Attorney Fish was occupied with
matters before the grand jury.
4 ftpr an hours session "a rpppss was
taken till , o'clock p. IN. At that hour
John ID. smith of Granville came into
court and pleaded guilty to an informa-
ton charging him with catching trout
contrary to law in a brook stocked bV
the State in Granville in August last.
, Smith was fined $50 without cost, which
was paid. As lone of the six cases set
for rial was ready to be brought ON, a
recess was taken at ; % to o o'clock
Wednesday morning.
= The first case to come to trial was
B., that of Charles Manchester by his next
friend, Henry Manchester, V. Frederick
Dean. the plaintiff claiming 5000 dam
ages for an assault. The parties live
near together in East Cornwall and the
Manchesters pasturcd Il COW in Deans
lot, where Dean also pastured two cows
On the evening of September last the
Manchester boy. who was Il years OF
age on Tuesday went to the pasture tC
milk, according 10 custom. Dean wa,
there milking, also. They had some
wCrds, pleasant at first, but afterwarC
angry. Then came blows. Manchester
claimed that Dean struck him first, thai
he then threw his milking stool at Dean
hitting him on the arm, and that ther
; Dean threw him down and pounded hin
in the face. striking him five or six
tines. backing his left eye and other
wise damaging his cOuntenance. Dean
on the other hand. pleaded justification
/ aud self-defense, claiming that Manches
; ter first hit him with the milking stoo
and that he then struck the plaintiff ii
the face twice and that that Was all there
was of it. \ number of witnesses were
put on to prove that Dean was of {
quaTresOme disposition and number Oi
others to prove the contrary. The evl
dence was all got in before the reces,
5 was taken for dinner Wednesday. II
the afternoon brief arguments were
e made to the jury for the plaintiff by w
= II. Button and +. H. Button and for thu
e defense by c. NJ. Wids, and Judge 'raf
gave the case to the jury at 3:l5. They
were out 10 minutes and then came II
r with IA verdict finding the defendan
\ guilty of the tresspass and assault al
g legged and awarding the plaintiff $2S anC
p his costs.
The next case called was Elijah La
Bounty V. Levi I4eno, appellant. il
which the plaintiff sOught to recOve
about $40 for breach of contract. La
Bounty. after arranging with the Noun
tain Springs hotel at Lake Dunmore las
= season to furnish them certain quantit,
a OF milk daily through the season, fOunl
himself unable to do so on account o
e the failure of Leno to keep his contrac
I to furnish LaBounty daily as mucl
: milk as the latter should be short
Hence the suit for breach of contract.
! jury was impanelled, but before an.
= evidence was got in delicate question
of law was raised by the defence. an,
after an hours argument and cOnsidera
tion of the question, the court directe
!, the jury to return verdict for the de
:. fendant. and the case will go to the su
d preme court to have the law point sci
i tied. Bntton IL Button for the plaintiff
G.. NJ. Wilds for the defendant.