Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1896-12-10
Orange County Court,
December Term, 1896.

/ HON. HENRY w. Fits, ns' 'uuses'
/ CURTIS 3. EMERY, Clerk.
CHARLES F. SMITH. Sheriff.
| HALE X. DARLING, States Attorney.
! MARGARET r.. CHESTNUT, Reporter.
| Limerick National Bank V. j. B. Adams
and others. AS stated last week, the trial
4 OF this case commenced Wednesday morn
/ ing. In this suit the plaintiff seeks TO re.
cover upon a note for Il 900, signed by the
/ defendant Adams and nineteen others,
payable to II. p. Reynolds or bearer. The
note was due Oct. 8, 1895, but on being
I presented for payment was allowed to be
protested. The plaintiff introduced its
asher, g. @. Moulton, and its vice. -presi
dent, DIR. S. o. Clark, by whom it showed
that Reynolds presented the note at the
bank for discount the latter part OF Octo-
! ber, 1894, ,sand that on Nov. Sd following
the discount committee voted TO discount
this note and two others OF a similar
amount signed by the same parties. The
notes so presented amounted to % 500,
and cashiers checks amounting to
S2,317. 10 we're given Reynolds in exchange
for them. The evidence of these two wit
nesses tended to show that the notes were
taken in due course OF business, in good
faith and without notice Of any fraud as
between the original parties. The plain
tiff here rested its case. The court ruled
that the defendants would be permitted
to show any fraud or false representations
on the part of Reynolds or his agents
whereby they we're induced to take shares
in the stallion for which the notes were
given, or to sign the notes Nearly all the
defendants have been used as witnesses
and have testified, in substance, that they
were induced to sign the notes through
the fraudulent representations OF Rey
nolds' agents. The defendants sought to
introduce the decree OF the court OF chan
cery for this county declaring the notes
void and OF no effect, but 1t appearing that
the plaintiffs in this suit were not parties
to that proceeding the defendants were
not permitted to put the decree into the
case. A large number OF exceptions have
been taken on both sides to the rulings OF
the court, and the case will doubtless go
to the supreme court whichever wav 1t
results. At present writing the case is on
trial. Darling d Darling and w A. Lord
for plaintiff, assisted by f. NJ. Higgins OF
Limerick; n. l.. Boy den, j. ID. Denison
and X. NJ. Harvey for defendants.
The case OF State VS.. A. L. Clark, the
Bradford druggist who was charged
with selling liquor under the color OF his
soda water business, has been mol pressed
ny the states attorney.
In State VS.. Carlos White and State VS.
Edwin and Helen lllsley, ID. c. Hyde has
been assigned to prosecute. X. Nj. Harvey
Rosie F. Young. In these cases, the
states attorney was disqualified by reason
OF being counsel for the respondents.
At the conclusion OF the term we shall
give full report of all the cases disposed
OF.
NOTES.
Miss Chestnut, the court reporter, is
staying with Mrs. Mary Tracy this term.
, Col. J. II. Watson was absent from
court all of last week, being engaged in
trial az Woodstock.
The June term OF court will convene on
the first day OF that month and will be
presided over by Judge Thompson.
Several of the defendants in the Ran
dolph stallion case testified that they
signed three notes of 81 600 each without
reading them or even asking to have them
read, and at the request OF almost absolute
strangers. 1t would be hard to find in
stances of more childlike confidence in
human nature.
The jury trying the Randolph stallion
case is composed as follows: Erwin II.
OF WilIiamstown, j. Clark Smith
of West Fairlee, }. G. Kinney and Z. e.
Emerson of Thetford, Daniel Taicy and
n. G. Randall OF Nswbury, W. Ii. Crockett
of Orange, Herbert Z. Farnsworth OF
Braintree, John 5. Greene OF Brookfisld,
Lyman l.. Udall OF Strafford, Horace q
Moody and Ora II. Hutchinson OF Wash
ington.
Exercises in memory of Col. A. NJ.
Dlckey were held in the court room on
{ he evening OF the first day of the term.
Hon. Roswell Farnham read an apprecia
tive and well written sketch of the de-
ceased, and remarks eulogistic of his
were made by Messrs. Smith,
Pickett, Harvey, Boyden, Lord, Denison
and Darling. The following resolutions
were adopted by rising vote:
"Whereas, onr brother in the law, Col. |
Asa M. Dickey, was called from life IN
this world to life in another world, after a
long illness, on the 29th day of June A.
d., 1895, by the decree of an Almighty |
Power, whose wisdom mortals cannot
question, although they may not under |
stand it,
Resolved, That we learned OF his death |
with sincere regret and felt that his de-
parture to another world was great loss |
to the bar of Orange county and to the |
bar of the state, to his large circle of ac- |
quaintances and to the more intimate cir |
Gle OF personal friends. We remember |
with pride, as lawyers, the qualifications |
Of our brother in his chosen profession;
that in-spite of the draw backs OF lin
tied education and of greatly impaired |
health and almost total loss of eyesight,
he struggled to the front rank of his pro-
fession, and in many respects was well
equipped to meet the foremost lawyers OF
he state. His earnestness for his side OF
the cause and his complete identification
with the interests and feelings of his
client always won our admiration. His
ability to present the facts of case in so
clear a light that the duilest jurymsn
could not fail to understand them, made
him one of the best jury advocates who
-ried causes at our bar. While we greatly
regret his loss, we bow with meekness to
The inevitable decree that fixes the dura.
ton of human existence and shall always
the virtues and good qualities
Df Brother Dickey.
Resolved: That the secretary of this
association be instructed to copy these
at length on the records OF
he association, furnish copies for the
of the county and transmit a
copy of the same to his widow"
of Olntments for Catarrh That
Contain Mercury,