Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-03-15
W1NDHAM COUNTY OOURT.T
Opening of the March Term at
Newfane.

The Number OF Prospective Jury Cases
Much Reduced---Andreyvsv VS.. stafford
Reported in FuII---Sherman VS.. Estey
Organ Co. Now on Trial.
The county court convened for its March
| term Tuesday, 18th inst.
Hon. John w. Rowell, presiding Judge.
Hon. Lewis S. Walker and Hon. Edward
| Titus, assistant judges.
Since the adjournment last September
| 50 cases have been entered on the law
docket and IL chancery cases on the equity
| docket of the court. On the calling of the
docket the first day many of the A cases
assigned for trial by jury at this term had
been disposed of and some since, so that at
the writing of, this report only Is remain,
and it is probable that many of these will
be disposed of other than by trial by Jury
The first case put on trial was that Of
Abbie h. Andreics rs. Joshua C. Stafford
| Gudrdidn.-This was an action of aSsumpsit to
recover for expenses incurred for Rose E. Ar
| drews. defendants ward. 1t appeared that In
| January, 1881 the defendant had in his hands, as
| guardian. money of his ward to the amount of
Si6a, and that at the present time il amounted to
| about $40. That he was appointed guardian of
| Rose f. in the fall of 1884, and was still her
| guardian.
The evidence of the plaintiff tended to show
that Rose f. was now about 81 years old, and had
| been of feeble mind since she received an injury
| when eight years of age. That about the first of
| June. 1856, Rose f. was unemployed, and that de-
| fehdant wrote to the plaintiff who then resid-
| ing in Springfield, Mass, and 10y occupation
| dressmaker, that sne must come to Guilford and
| get Rose some place to live, as he could not have
| her at his house. That plaintiff came up and
| called on defendant about 1t; that he told her to
take Rose, get her place somewhere, have her
earn her board or part of il, and he would settle
| the bills. That soon after she received a letter
| from her cousin, Emma Tyler, Of Vernon, Vt,
| with whom Rose then was requesting her to
| fal h.apa
| couldn't have her there. That thereupon she
| came up. went to Vernon, via Oran d. and North.
| field, and took Rose from Tyler's to a Mr.. Hill
| liard's in Northhed and subsequently to a MIR.
| Wrights. The fall of that year she moved her
effects from Springfield To Greenfield, where she
| took rooms and had Rose come and live with her,
which she continued to DO until late in the fall of
| 1887. That Mr. Stafford sent word to her that he
| wanted to surrender the guardianship of Rose,
| whereupon she procured the probate court of
| FRANKLIN county, Mass, TO appoint Mrs Clara L.
| Wordpn of Orange. Mass guardian for Rose
That in July, 1877, and short time after this new
| appointment, she, with Mr.. " orden, called on de
| PENDANT and informed him of the appointment in
| Massachusetts, and requested MIN to resign the
| guar dianshp and surrender the funds in his
| hands to the new guardian That defendant re-
| fused to do so. and informed her that he should
pay no bills in Massachusetts for Roses expenses
and to return her to his house and that he would
either keep her or kill her. That She did not re-
turn the girl. but sent her to Mrs Worden in Or
ange, and that in December, 1851, plaintiff being
out of health, went TO California where she re-
| manned until May 1872 That curing all this
| while Rose was in Orange. and while at Mrs
| Worden's had a severe illness, extending from
Aug B. 1859 to Jan. 10, 1890. requiring the attend
| anCe of nurses and "A physician. That the physl
| clan mace 800 visits to Rose during this time, for
| which he had been paid 500 That the bill OF
| Mrs Worden for nursing care and necessaries
| purch tsed for Rose while at her house amounted
to SIPS, and that plaintiff paid out for Rose before
She went to California Sl19 amounting in all to
over $500. That she never presented any hill to
the defendant. but in September. 1893, she en-
deavortd to Undue. him to resign his trust and
| Inn haa fund IN
Mrs. Worden never kept any book Of accounts
wherein they had made charges to defendant, but
kept memorandum little slips of paper,
which were destroyed when they both made out
their bills in October. 1898. preparatory to this
suit, which she began in January. 1894.
The evidence tine part Of the defendant
tended TO show that while il was not convenient
for him to have Rose at his house. yet he
never wrote plaintiff letter to come up and get
her a place or to take care Of her; that he never
wrote her any letter whatever. That she did
come to his house about the first of June with a
Mrs. Howe and he had talk with plaintiff about
getting Rose in at Mr.. Connable :, a neighbor. and
to have her earn her board II no more. That she
did not get employment at Connahe's, and Rose
came TO his house That on invitation Of Mrs
Tyler for Rose to come to her house to make a
long visit, he took her over there June &. 1856
where she remained until into July, when plant
i'll took her away. That Mrs. Tyler never did
write plaintiff to come after Rose, but that
plaintiff came up in July with horse and carriage
and called on defendant, and asked him if she
| could take Rose down home with her That tn,
defendant told her she could do SO and keep hel
as long as she could make her earn her way, enC
when she couldn't do that to return her to him
but without cost or expense. That thereupor
plaintiff went over to Mrs Tyer'S and took Ros,
into Massachusetts,, where she had remained eve
| since
hat in July, lSS' plaintiff aud Mr.. WordeI
came to ms house and informed him that Mrs
Worden had been appointed guardian for Rose
and wanted he should give up his guardianship il
Vermont and turn over the funds in his hands
Mat he refused to do SO, and tod her he shout,
pay no bills contracted for Rose IN Massachu
SOFT Nd M t6Afh .4P IN Iatp
and he would take care Of her. That he neve
] sent word 10 plaintin that he desired to resgl
: his guard anshp or anything like 1t. That he wa
always ready TO care for her, and never CAV
plaintiff any authority to contract liabilities Of
1 his account in behalf of Rose No demand wa
! made on him until suit was brought
, Fits, Waterman, Martin x Hit for plaintiff
4 HaSkins n Stoddard for defendant
$. II. Sherman rs. EStey organ Co.
which is an action of trover for wood, lum
- Der and saw-logs, growing out of the par
r ties dealings with f. NJ. Waite, is now o.
/ trial.