Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-10-04
wINDHAM COUNTY COURT.

George Slate u.s. Geo. NJ Corey apt.-This was
an action Of trover for a quantity Of cordwood
The evidence of the plaintiff tended to show that
in the fall of 1893 and during the ensuing season
OF 1884, one Mr.. Holt was living upon plaintiffs
farm IN Rockingham that he contracted with
Holt to cut a quantity of cordwood for him,
which he did cut and drew it out upon the high
way and piled it up; that subsequently the de.
PENDANT took away Ia cords of this wood and
sold II in the market at Bellows Falls; that said
wood there upon the highway was fairly worth
SO so per cord.
The evidence on the part of the defendant
tended to show that the wood in question was
bought by MIR. Holt OF the plaintiff standing on
the stump, at 81 per cord; that Holt cut and drew
out the wood under his contract Of purchase and
sold it to the defendant, whom he, Holt, was
ing for 81 per cord and that defendant afterwards
took the wood and sold it TO others Verdict for
plaintiff to recover $500 damages.
Weston and Read for the. plaintiff.
Allbee and Waterman, Martin & Hit for the
defendant.
Leon Sanders by mis- merit friend u.s. Fred o.
Pierce-This was an action of trespass for an
assault and battery. Tie plaintiff, Leon Is boy
bout 10 years old, and the defendant was fore
man in the saw mill and woodworking establish
ment of f. j.. Pierce in East Putney The evi-
dence of the plaintiff tended to show that Feb .,
1895, he went to the mill in East Putney where he
was employed portion of the time, preparatory
to commencing his days work; that some angry
words passed between him and defendant, upon
which defendant struck him on the side OF the
head, then clenched and threw him upon the
floor placing his knees upon his breast, and with
his hand in his shirt collar churned his head up
and down upon the floor; that he then raised him
up and an empoye opened the door and defend
ant with great force elected him from the mill,
plaintiff falling upon some ice and plank; that his
head ached, and he was bruised about the back of
his head, neck hip and leg; that his injuries dis
abled him for several days
The defendant admitted that he assaulted the
plaintiff AMI his testimony tended TO show that
the plaintiff was saucy and profane in his Ian.
guage towards him; that being much provoked
he struck the plaintiff light blow upon the ear,
then seized him by the coat collar and snapped
him down upon the floor, then jerked him upon
his feet again. and then IN gentle manner led
the boy from the shop; that he did not strike him
but once; did not place his hand in the plaintiffs
shirt collar and churn his head upon the hoor nor
did he throw him out doors; that the boy did not
fall down when he led him out from the buildings
that the plaintiff was not injured, but went to
Putney village and worked In the shops there
every day but one week day and Sundays during
the next two or three weeks; that the next day
he received letter from the law Office of Messrs
Waterman, Martin & Hit demanding settlement
OF damages; that the same evening he called
on the boy and his father but could effect no set
Element with them, they referring him to their
attorneys for settlement.
Verdict for plaintiff TO recover IS S3 damages.
After verdict the defendant filed motion to dis
miss the action on the ground that the writ
showed that the county court had no jurisdiction
of the cause, which motion is still pending;
Waterman, Martin & Hit for the plaintiff.
Fits and Haskns * Stoddard for the defend
ant
Mabel Williams rs Bert G. Wilder. Com
plant for bastardy. The parties live in West ia,
Inaica, the plaintiff being now 10 years old and
the defendant q. The evidence OF the plaintiff
tended to show that the defendant begat her with
child July 3, 1894; that the child was born March
Is 1885, and that no other person had had Inter
course with her; that plaintiff and defendant had
an interview in September, 1894, in,which he &C
knowledged the paternity Of the child and that
about the last of October or fore part OF Novem-
Der defendant sought an interview with plaintln $
father, saying that he had heard Mabel was with
child but that he did not get her in that way; In
a few days he absconded. from the town ana dld
| not again appear there openly until rev DAYS
| before his arrest, Jan. "a, 1895.
The defendant denied that he ever had inter
| course with the plaintiff, or that he ever ac.
| knowledged the child's paternity. He admitted
| the interview with the plaintiffs father, but
| claimed he denied ever having to do with her
He also introduced as witnesses several young men
| of his associates, whom defendants counsel In
| argument conceded were the Lowest OF the low
/ and the meanest of the mean, who testified to
their acts of intimacy with plaintiff and OF seeing
! her with others, from along the latter part oil
June, also July 3, and TO July II, at different
| times. Also that defendant was not in plantin
company at all July g. The plaintiff denied the
! alleged acts Of intimacy with others as had been
testified to by defendants witnesses. .,--
Waterman, Martin & Hit and Hasktns q
Stoddard for the plaintiff.
Cudworth and Read Tor the defendant.
The following divorces have been granted sinc'
| our last report, viz: Abbie s. Taylor from Rober
| G. Taylor for intolerable severity; Ella NJ. Pay
| Cullen NJ. Lamson from Lizzie NJ, Lamson, TO
adultery; Mary l.. Goodnow from Milton A. Good
now, Eva NJ Gilbert from Louis Fred Gilbert
Mary W. Allbee from Charles S. Albee, and ELL
L. Rice from Frank Z. Rice, for willful desertioI
state as. Mary Ne,cton.-This was informs
ton filed by the states attorney for adultery
The evidence on the part of the prosecution
tended to show that the respondent and one Alex
ander Grounds. married man, were found in tn
act OF adultery in the village Of Bellows Falls o.
the 10th day Of September, 1894 The responder
took the witness stand and denied that she wa
guilty Of the act charged. Verdict, guilty.
States Attorney Fits for the defendant.
Allbee for the respondent.
Fred ~ Waite Us. AlOnzO Stdrkey-This wa
an action OF repevin for one horse The plant
IFS evidence tended TO show that the d9fendan
as deputy sheriff levied on the horse in questio
, by virtue of an execution in favor of one Samut
Iidd VS.. the plaintiff. That said horse was hi
only team and was exempt from attachment an
> levy of execution.
The evidence of the defendant tended to shol
that he went to plaintiffs house with the execu
ton, where plaintiff had three horses, and he r,
quested him to select his team. That plaintiff di
select two certain horses, and informed the d,
PENDANT that he could take the horse in contrC
versy, which he did do and retained 1t until it wa
replevied from him in this suit
Waterman Martin & Hit for the plaintiff
Fits and Cudworth for the defendant.
By reason of Judge Tyler being obliged to a
tend the session of the supreme court whic
begins at Montpelier next Tuesday, adjournmel
was taken at the conclusion of this case to ii
first Tuesday In November when the business