Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1896-07-04
WINDSOR COUNTY COURT.

AS was predicted would be the re-
suit when the case of Smith VS. Bag.
ley was given to the jury, disagree
ment resulted. The case was one
upon which mems minds would nat
urally differ, as they evidently did
here, for the jury, after having been
out all night, could not agree.
Henry N. Jenne VS. Samuel H.
Piper, in which the question in
volved was in regard to ii right OF
way, resulted in verdict for de-
PENDANT to recover his costs. The
plaintiff sought nominal damages for
technical trespass in the crossing
of his land by defendant. The de-
PENDANT admitted the act, but claimed
it was necessary for him in going
from his house to the highway. to
cross plaintiffs land, furthermore
defendant claimed he had been given
permission by the plaintiff to go
cross over his land. For the plant.
if appeared S. E. Emery and Ed
ward b. Finn for defendant Stick
ney and Sargent and Frederick C..
Southgate.
State VS. Alfred Carpenter: This
was an information filed by the
states attorney, charging the prison.
er with the larceny of three ten dol
lar bills, the property of Rev. Mr..
Therrien, catholic priest, of Wind
sor. The latter had sold horse
and received payment for it, and in
the money so received were the three
ten dollar bills in question. Father
Therrien, the day after receiving the
money, happened to take out his
money from his pocket and missed
thirty or thirty-five dollars. Enquiry
revealed the fact that the respondent,
who had worked for the priest few
days, had been seen to have three
ten dollar bills and some other
money, which he had said his father
sent him. The theory of the prose-
cution was that the money, having
been lost by the priest, was picked
up by the respondent near the resi-
dence of former. 1t was claimed
that the prisoner must have known
it was the money of Father Therrien,
for that he-the prisoner-was pres
ent when the money was paid.
This the prisoner denied. He adj
mitted picking up the money on the
street, but swore he did not know,
and could not have known to whom
it belonged.
The Jury found that the prisoners
claim was correct, and that he didn't
know whose bills they were, and
hence was justified in keeping them
and spending the money. Verdict
of not guilty. J.C. Enr'ght for the
state, F. {. Southgate for prisoner.
Moses Townsend vs. Frank Tatro.
This was an action to recover dam.
ages for an assault and battery COM
mitted on plaintiff by the defendant.
A state prosecution was tried last
term against Tatro for this same as
sault, and this was to recover dam
ages on civil action.
The plaintiffs claim was that in
the fall of 1895 he went to get some
sand on the shore of a pond in the
neighborhood of Ninevah mill, in
the town of Plymouth. He had just
backed his OK team and cart to the
edge of the bank to get the sand
when defendant suddenly appeared
and, with an oath, ordered plaintiff
off Observation-Disclosures. To en-
force his order, he struck plaintiff
over the head with a stick, about an
inch thick. To avoid punishment,
Townsend stepped back, and in do!
ing so fell over backward. He
claimed that after he fell down,
Tatro continued his assault.
The defendant denied striking
Townsend and claimed that what
ever assault was mads was by the
plaintiff Oh him-the defendant.
Furthermore the defendant said
Townsend was trespassing on Tatro's
land and was ordered off by the de-
PENDANT. Instead of going away, he
struck at Tatro with an OK goad.
That Tutro to avoid the lash of the
OK whip stepped up close to the
plaintiff, who, to get better chance
to use his whip, stepped back, and
in doing so Tell down and hurt him
self.
The jury returned verdict for
plaintiff for $50 damages and costs.
j.. {. Southgate and J. G. Sargent
for the plaintiff, Sanford E. Emery
and Frank w. Walker for the de-
PENDANT.
Court took a recess on Thursday
morning until Tuesday, July "a,
when Dickermam VS. Union Mutual
Insurance company will come up.
This is the only jury case-then the
court business will be concluded.
awake up, Jacob. d " Is oreaking!" so
said DE Wits Dittie Early Risers to he
man WIN had t,ken them to arouse his
sluggish liver. A b Morgan, Wood.
etock Rr.,ft T,nkhnm OuechCe. L. J. NJ