The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1895-10-02
Washington County Court,


EDWIN X. JONES, APT, v. ESTATE OF J.
W ELLIS The trial Of this case began
September %. The bulk of the Testimony
consisted mainly Of dispositions, of which
the plaintiff put twelve into the case The
evidence of the plaintiff disclosed that on
April IA, 1890, there occurred, at the First
Nation j Bank in Montpelier, a converse.
ton in which the plaintiff who resides in
Mortified, and the aforesaid j. W. Ellis
and II. / Cutting of Mortified were pres.
emit. Cutting was the principal witness for
the plaintiff, and was subjected to a long
examination. This conversation, az re-
vealed by him, related to certain represent
tations made by Ellis in regard TO the stock
of the Sioux City Valley Land Company of
Sioux City, Iowa, testfyiDg that Ellis had
said to cutting in that conversation, in ref
erence to the aforesaid company, that it
was no Fort Payne or Leavenworth scheme
but was as solid as rock and that he knew
what he was talking about that two DAYS
after, in consequence OF this conversation,
he, Cutting, came down from Mortified
and purchased from Ellis, for Jones, fifty
shares Of stock in the company (of which
the par value was 300 per share) at $40 per
share, paying 81, 600 for the same He also
purchased at the same time some stock
for himself Plaintiff claimed that this
stock was worthless at the time IL ap-
peAred that the organization of the com.
pany was mainly due to G. W. Baldwin
OF Sioux City, who purchased 206 acres of
land in the su ourbs of that city OF Samuel
Krummsn, paying him S50,058 cash down,
and also giving him note of S500.58, Sc.
cured by mortgage on the land for the
balance, Baldwin taking the deed to him.
self as trustee for the company, which was
shortly after organized as a corporation
under the Maine law. The land was turned
in to the directors of the company at $500
per acre, and second mortgage given to
one Wallace, straw man, securing notes
to the amount Of Sal $40, which notes we're
afterwards in large measure paid off,
though what became of the money did not
appear in the case. The directors turned
! in the land TO the company at 800 per acre,
and bonds secured by third mortgage on
the land, were distributed among the FIVE
directors OF the company, giving them each
a little over SIS 600 in bonds, which were
never paid. The collapse of the company
! followed. Krumman foreclosed his mort.
gage and purchased the land at a sheriff's
sale May IL, 1894, for SAL 600 The defence
produced g. b Oldfeld, banker of Sioux
| City, who testified as to the relative values
as to property at the time the company sold
! the stock and now, and upon the question
Of relative values most of the defendants
evidence was directed f. l.. Smith of
! Montpelier testified for the defendant. 1t
app AIRED that he was one OF the dir, ctors in
the company and the bonds he received
| from the company were To have been di-
vidtd between himself, Ellis and f. l..
Eaton had anything been realized from
| them. Most Of the stock sold by Ellis
| for which he received commission of ten
per cent. j. F. Lamson and S. G. 5hurileff
rgued the c ise for the plaintiff, and f. A.
Rowland and w. p. Dillingham; for the de-
iendant. Judge Thompson, in his charge,
held that all right of plaintiff to recover on
account of fraud or deceit ceased on the
death of Ellis, and, unless plaintiff p owed
representations in the sale of stock amount
ing to warranty or an absence of value in
the stock at that time he could not recover.
| The case was submitted to the jury about
eleven O. clock Tuesday forenoon The jury,
about four o'clock Tuesday afternoon, re-
turned verdict for the defendant. They
also answered the interrogatory submitted
to them, that the stock had value at the
time of sale, and also that Ellis at the time
of sale, did not warrant that the stock was
worth $40 per share.
L. II. P. RowELL V. M. j. DUNwooDIE
AND FRANK PEREAU. TRUsTEE.-This case
Montpelier. Plaintiff seeks to recover
about $500 on contract to withdraw from
contesting will made by him with defend
ant, who was residuary legatee of Joseph
Rowell, brother of plaintiff 7. X. Cor
don for plaintiff; g. W. Wing and II. A
Huse for defendant. Judge Thompson at
3;15 Tuesday afternoon directed the jury to
return a verdict for the plaintiff for 500 40
STATE v. JOSEPH Respondent
was charged with the larceny of suit of
clothes from the store of George Burnham
in Waterbury last August. He was ar
rested by Deputy Sheriff Graves two days
after the larceny, as the result of a success
full search warrant, the respondent volun-
| tarily giving up the clothes at the time, and
was bound over to await the action of the
grand jury. He pleaded guilty on Tuesday
afternoon and was sentenced to one year in
the states prison at Windsor. He is
twenty -four years OF age. G.. e. Holden
stated his case to the court.
STATE V. ALFRED r. MILLARD.-Indicted
for the larceny of S31 in money, five or six
rings, revolver, knife, and two wallets,
from X. q. Davis farmer in Waterbury.
He also pleaded guilty. His age is
eighteen years. He was represented by
w. A. Lord. He was sentenced to the
house of correction at Rutland for the term
OF four months without costs.
ARRESTS have been made in the following
cases on indictments found by the grand
Jury, as follows: State V. Carlos Martin Of
Warren, for attempt at subornation of
perjury in three cases. Bail was fixed at
$500 in each case, which was furnished by
j. II. Senter. State V. Edwin Shonio of
Warren, for nine cases of petit larceny.
Bail was fixed at 500 in each case. He has
not yet furnished bail and is in Jail. State
V. George Williamson of Warren, one case
of selling, twenty-six offences, and one case
of furnishing Intoxicating liquor. Bail fixed
for the selling at 81, 0O0 and for the furnish.
ing S300-not yet furnished State V. Frank
Huntington and Herman s. Wheeler Of
Marshfeld, for an assault on David Spicer
of Marshfeld March "a, 1895. Bail fixed at
$500 in each case. G. w. Wing is the pin
cipal bondsman.
Waterbury Center Items.