Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1895-06-13
Orange County Court.
June Term, 1895.

June Term, 1895.
Hon. John w. Rowell, Presiding Judge.
Hon. VIM. Il. I Kibbsy,, Asst Judges
Curtis s. Emery, Clerk.
Hale K. Darling, Deputy Clerk.
Charles +. Smith, Sheriff.
Daniel G. Hyde, Sheriff.
Margaret E. Chestnut, Reporter.
The call OF the docket Tuesday morn
ing showed that "a cases had been settled
and discontinued. The following state
cases were ordered for trial: State Eu-
gene Illsly two cases), State VIM. Fits
and State v W ilber Moore. The case OF
State John w. Camp was mol pressed.
Col. Farnham was appointed special
states attorney in the lllsly cases and
Col. Watson in the other two.
Royal A. Hatch of STAFFORD was ex-
cused from serving on the grand jury,
and Judge N. B. Cobb OF that town drawn
in his place.
Among the lawyers from outside the
county present on the first day OF court
were noticed j. G. Wing, T. R. Gordon
and F. A. Rowland of montpelier, g. M.
Powers OF Morrisvile and Hon. A. P.
Hunton and M. M. Wilson Of Bethel.
Interesting exercises in memory OF
Hon. s. B. Hebard were held in the court
room Tuesday evening. States Attorney
Hyde presided.
J.K. Darling, G. L. Stow and G. s.
Emery, who were appointed as commit
tee on resolutions at the December term,
reported the following resolutions, which
were unanimously adopted
WHEREAS, BY final and irrevocable
decree OF the Supreme Judge, the soul OF
our late lamented brother, Samuel Blod-
gett Hebard, has been called to its eternal
home, we, his former associates OF the
Orange county bar, wishing to record
our sense OF the loss we have sustained,
do hereby adopt the following resolu-
lions
That suddenly stricken down in the full
strength and ripeness of his manhood, he
has left wide range ofpersonal acquaint-
ance to mourn his loss;
That we revere his memory because Of
his unfaltering courage and eminently
sincere nature, his Christian character
and loyal devotion to duty;
That as lawyer he took high rank be-
cause of his strong sagacity. and fine legal
mind, because he was earnest, ingenious
and eloquent in the management OF his
causes and most devotedly loyal in the
interests of his clients, yet withal respect.
full and obedient to the behests of the
court, ever mindful OF his obligations as
sworn attorney at the bar and thoroughly
honorable towards his antagonists;
That in his death the town and county
in which he lived have lost worthy citi-
zen, the church to which he belonged q
humble and sincere Christian believer,
his familiar personal acquaintance a
most generous and tender hearted friend,
and the whole community an eminently
honest man.
And in token OF respect to our deceased
brother, We request that these resolutions
may be enrolled in the clerks records OF
this court and that copy pesent to the
brother and sister who survive.
After the adoption OF the resolutions, an
appreciative and well-written paper on
the life and character OF Mr.. Hebard was
read by Exc Farnham, followed by
remarks by Messrs. Watson, Stow, OAR
ling, Denison and Harvey. Letters fromCol.
Col. Am. Dickey and Rev. +. Herrick we're
read, and feeling tribute to MIR. Hebard's
memory was paid by Judge Rowell in
conclusion. A constitution for perma--
nent county bar association was presented
and was recommitted for the purpose OF
charging the scope OF the proposed asso-
citation, report to be made at meeting
to be held the next Tuesday evening. In
accordance with suggestion Of Judge
Rowell, committee was appointed to
draft resolution relative to shortening
the time OF arguments, and this commit
tee will report at the same meeting.
E. w. Bailey q Co. v A. w. Tewksbury
Il Sons. This was the first case to be tried
by jury, and was heard Wednesday. The
action was replevin, brought for quanti-
ty of bran sold by plaintiffs to the de-
PENDANTS. The bran was shipped to the
defendants at Randolph, who took imme-
date possession OF it and failed before
paying for it. The main question
in the case was whether the title
to the property passed 70 the defendants
by their taking possession. The plaintiffs
claimed that by the terms of the contract.
the bran was to be paid for ION ARRIVAL
while the defendants contended that the
trade was such that they were entitled to
take the goods on arrival and before pay
ing for them. The jury found for the
plaintiffs to recover one cent damages and
costs, which means that they retain the
property replevied. John ri. Senter for
plaintiffs; N. l.. Boyden and R. M. Harvey
tor defendants.
EmmaF Reynolds Kimball Chynoweth,
apt. The trial OF this case occupied all dav
Thursday. The plaintiff resided in Yer.
shire and the suit grew out OF the letting
on shares of her farm to defendant, in
1894. The plaintiff claimed that the de-
PENDANT did not carry on the place in
husbandlike manner, but neglected to
properly cultivate the corn and potatoes
and left quantity OF hay uncut. The de.
PENDANT denied the charge OF lack OF hus-