Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1896-06-13
Windsor County Court.


comes fro n Chester, where the par
ties live. The slanderous word
charged to have been used were ut
tered in the post office at Nortl
Chester. Albert NJ. Richardson
witness called by the plaintiff, wa
in the post office on the occasion re
ferred to and conversation arose il
respect to some apples which it wa
said the plaintiff had wrongful,
taken from the orchard of one Spaul
ding. Mr.. Richardson said he die
not believe young Pollard would
take apples wrongfulIy; to which
Stevens replied: 81 do; a boy tina
will steal grapes will steal apples
He took Il painful of grapes from
my fathers vine and mother saw
him take Them" This story was re-
peated about the town much to the
annoyance of young Pollard and
men would ask him if he had any
grapes left.
The testimony OF the plaintiff
tended to show that the matter of the
apples was explained and cleared up,
but not the charge of stealing grapes,
which the defendant had first made
in 1890 to witness Richardson. AT
this time young Pollard was about
twelve years old.
The plaintiff introduced several
witnesses who testified TO other occa-
sions the defendant had repeated the
accusation, but the time of the state
ment at the post office was the occa-
sion the plaintiff relied upon mainly.
The defendant testified that what
he said in the post office was that
"any body who would take apples
would take grapes, and anybody
that would take grapes would take
apples He did not refer to the
plaintiff bv name, nor did he intend
to have it understood that he referred
to any one IN particular; that his re-
marks were general-to have no par
ticular application. He disavowed
any purpose of charging the plaintiff
with stealing grapes, and he denied
making the statements as testified to
by plaintiffs witnesses, when it was
charged that the defendant repeated
the SANDER.
The jury returned verdict for
plaintiff of $93.97 damages and
costs. George l.. Fletcher and Gil
bert a. Davis for. plaintiff, John G.
Sargent and +. &. Southgatc for de-
PENDANT.
Horace ii. Ward IS. Silas Saw
yer. This was All action of replevin
to retain possession of IL certain heif-
er. In the spring of 1894 the plant
if turned out two heiters and Il two
v ear-old cow in the defendants pas
ture. In November the plaintiff
sent his two sons to bring home the
three animals, but only two could be
found. The missing one was a
black hcifer that the plaintiffs sons
had made a pet of. Some little time
after taxing home the two animals,
the plaintiff and his son were pass
ing the defendants premises and the
son recognized their heifer in the
defendants barn yard. Plaintiff
called upon Sawyer for the animal,
but he said he had none but his own
stock. Subsequently this writ of re-
plevin was made and plaintiff took
possession of the animal. When it
was taken to the plaintiffs premises
it went right into the same stall it
had been accustomed to stand.
There were certain distinguishing
marks on the heifer by which plaint-
if and his sons claimed to recognize
the animal.
The defendant claimed the animal
was one he had purchased and in
sisted the animal taken from his pos
session was a year older than the
hcifer belonging to the plaintiff.
Mr.. George Aitken of Woodstock
examined the heifer, which was
brought to West Woodstock from
Plymouth. Witness gave his opin-
on the animal was three years old,
which was the age of plaintiffs
lciter.
The jury returned a verdict for
he plaintiff for $3.50 damages and
,osts. This amount was what
plaintiff claimed as the value of the
lime of himself and boys, and use of
cam. G. Sargent and f. G.
Southgate for plaintiff, Frank Walk
II and w. E. Johnson for defend
mt.
1t was expected that on Friday
morning the case of Bradish and
Waite would be taken up, but after
curt adjourned Thursday the case
vas settled. This left the court
with no case to take up and recess
vas tax en- until Monday.
In the case of Rollin Amsden VS..
John p. Atwood tho jury found the
mount due from defendant to plant
if for rent, grain. ETC., $2So.I3.
H., :,,.,, f<.,>J n, 81