Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-04-05

adjournment was reached. The jury cases
were completed last Saturday. Our report
is for the business of the closing week:
Scott Dunklee as. c. M Goodcnougl. Action
to recover the amount of a note given for sewing
machine. The plaintlff S evidence tended to show
that Oct. rs, 1888, the defendant executed to
plaintiff his note for $40 given for a sewing ma
chine bought of his agent by defendant. That it
was provided that said note was to be paid in
spruce and pine lumber to be delivered in Brat
tleboro on or before June I, 1884. That said lum-
Der had never been delivered or any part thereof.
The evidence of defendant tended to show that
he had said lumber ready for delivery long before
the time specified for payment. That he wrote
plaintiff twice that he was ready to deliver the
lumber and requested him to reply and indicate
where in Brattleboro he wanted the lumber de.
livered, but received no reply subsequently and
before June l. 1884, he went to BrattlebJro, and
finding plaintiff out of town left word with his
clerk that he was ready to draw the lumber and
wished the plaintiff would write him where he
wished to have IL unloaded That after the LIST of
June plaintiff was at defendants in Newfane and
told defendant the reason why he did not answer
his letters was because he wasn't ready for the
lumber. 1t was then agreed that defendant
should deliver plaintiff some hemock boards in
place of the lumber mentioned in the note That
IL was further agreed between them that defend.
ant was to deliver the boards when plaintiff
wanted them, but before defendant commenced
hi haying. After defendant had commenced his
haying the plaintiff demanded the boards to be
delivered. Defendant declined to leave his hay
ing but offered to let plaintiff haYe boards at his
mill at price less the freight to Brattlrboro, but
plaintiff would not take them.
The court held that by the terms of the note, it
being payable in pine and spruce lumber or
before June /, 1884, it was the duty of the defend
ant to make the delivery without waiting for
plaintiff to indicate the precise spot where he
wanted the lumber unloaded. That a delivery at
any place, reasonable, within the village Of Brat
tleboro would have been compliance with the
provisions of the note and directed the jury to
return a verdict for the plaintiff for amount Of
note and interest, S61.4S. The case has already
been to the supreme court twice and bids fair to
go there again
Waterman, Martin & Hit for the plaintiff.
Haskins & Stoddard for the defendant.
Leon f. Smith, pro ami, rs. Isaac H. and BEN
jdniin INSTRUMENTATION of treSpass on the
case to recover for damages sustained from the
bite of dog. The evidence Of plaintiff tended to
show that the defendants were the owners Of a
dog of vicious habits, accustomed to bite people,
and that defendants had notice OF II. Ihat sep
TENDER 9, 1894 the plaintiff, IA boy some 10 years
old, went to play with a Toy at whose house the
dog was being kept. That the dog suddenly
sprang upon him aud severely lacerated one OF
his legs. That since that time the boy had been
afflicted with affection called st. Nitus 5
dance. The evidence of the defendants tended to
show. that defendant Isaac II. was neither the
owner or Feeper of the dog, and had no interest
whatever in said dog. That neither defendant
had any knowledge of the vicious prOpeuSlties Of
the dog or knowledge that it had ever bitten any
person previous to its biting the plaintiff. That
the nervous condition Of the plaintiff was more
due to overcrowding IN his studies at school than
the assault of the dog upon HIM.
Verdict for the plaintiff to recover S2J1 % dam
ages of Benjamin Williamson and in favor OF de
PENDANT Isaac II.
Waterman. Martin & Hit for the plaintiff
Fits and Haskins & Stoddard for defendant.
state u.s. Thomas r. Crane. Information for
disturbing religious meeting. The evidence on
the part of the state tended to show that the re.
spondent had been expelled from the Baptist
church in TOwnShend, but that his wife was still a
member thereof. That Sunday, the 30 day of
March last the church had a celebration of the
Lords supper. at which services Of observance
the respondent remained, together with his wife,
who sat in pew beside him. They had expert
enced some trouble with respondent at previous
communionS, and so on this occasion the deacons
who passed the elements did not offer them TO
respondents wife but avoided his pew and pres
euce Whereupon, after the unused bread had
been returned to the custody of the minister, the
respondent arose ana in a rude and unbecOmlng
manner walked out Of his pew and snatched por,
tions of the bread remaining from the plate held
by the minister, scattering some upon the floor,
declaring that his wife was member of the
church and should receive the communion. The
respondent did not testify. Verdict returned, not
guilty.
States Attorney Fits for the prosecution.
Hit for the respondent. This was the last jury
cause tried
Other state cases were disposed of as follows:
State rs George Upton, indicted at the Septem-
Der term, 1892, for selling unwholesome milk
state rs. Leon H. GHleH indicted September
term, 1893, for adultery; state rs. Frank 4.
liked, indicted same term of court for adultery
state rs. Nellie Heating informed against at this
term tor petit larceny, nOiie prOSeqW were en-
tered by the states attorney.
state u.s. Mile w. ITiliams-Indicted Septem.
Der term, 1891, for burglary In breaking into depot
at South Londonderry Respondent plead guilty,
and was sentenced 10 hard labor IN states prison
for two years.
state rs Charles b. Cldrk-Burglary of dwell
ing house of NJ. V. b. Powers in Marlboro March
~ Plead guilty and was sentenced to hard labor
in states prison for two years.
state Us. Henry Cldyton.-Larceny of a horse
in Townshend; plead guilty and was also sentenced
m two bn lah in he Gfnf.a 80 Tnrig
State rs. Henry ". COtd.-Larceny of an over
coat in Westminster; plead guilty and was sen
fenced to one year in the house of correction,
state rs. John HU.-Petit larceny of a watcl
in Rockingham plead guilty aud sentenced
to pay fine of $40 and costs taxed at 81 -, auC
in default of payment to work it out in the hous,
of correction. Fine and costs were paid.
state as Edrdrd Kedting.-Larceny of one coat
in Putney plead guilty and respondent was sen
fenced to pay fine of $40 and costs taxed Al
1915, and in default of payment within twenty
four hours to work it out in the house of correc
ton.
state u.s. otis J.. Estes.-For obtaining a loaI
| of money under false pretences from Col. Geo. II
Bond. The respondent pleaded guilty. After
wards was given permission to withdraw his pei
| of guilty and file a demurrer to the Information
Demurrer was sustained. Information adjudgeC
insufficient and respondent discharged.
Divorces.
The following divorces were granted. VIZ, Julii
| A. Corey from Stephen Corey, Anna G. Thurbe
| from Hugh Johnson for wilful desertion; JOIN
| w Chaplin from Bette j. Chaplin for adult cry
Austin W. Roel from Clara Il. Roel, Lila j. Tib
bets from VIM. W. Tibbets, Mary A. Hescocl
| from Norman j. Hescock, and Lura l.. Flint from
| John A Flint for ntolerable severity; also VIII
liam F. Starkey from Addie Starkey for wilfu
! desertion.
John D. Watson, adnlr. Of Anna Watson, Us
| Lydid j. differentiation trover TO recover the
| value of a bank book. The evidence of plaintiff
! showed that the intestate, Anna Watson, depos
| tied in the Windham County savin IS bank at New
| fame June 90 1917 seventy dollars, where it ha
| since remained. now amounting to about SI55
| That a deposit book was issued to her and in he
name; that she died May 49, 1880 and that sale
! book had never been assigne by her to anyone
| That about year ago he found the book evidenC
| ing said deposit was in the possession of the de
| PENDANT, That plaintiff demanded the delivery o
| the book to him after he had been appointed ad
! ministrator and that defendant refused TO deliye
| same to him. The evidence of the defendan
tended to show that about 1868 the said ANN
| conveyed to the plaintiff, who was her son, prop
| erty TO the amount of over $1,000, conditioned TO
her care and support through life That in TIN
| course of years she became somewhat dissatisfied
| with her treatment at her sons, and having gath
cred little money together made the deposi
| aforesaid. That a short time previous to he
death she gave and delivered said bank book u
the defendant, who was niece, with directions
| that the plaintiff was to receive nothing furthe
| of her property but to keep it until the plaintiff
was dead and then draw the money and divide
| equa ly among her other heirs. That the boo
had remained in hands of defendant ever since
| Judgment rendered in favor of defendant,
Waterman Martin & HIT for plaintiff.
Haskins & Stoddard for defendant.
Allen d Park u.s. StolUeH Manufacturing Co.
| Action assumpsiJ TO recover balance due for lum
Der sold and delivered, and also for damages il
refusing to accept and pay for other lumber pun