The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1896-03-27

and They Accuse Each Other-Wats0l
Frcnch Again convicted--Also Cum
mings-Dr. Finny Acqaitted.
The last civil ca4 by iuryS was..:Al
fred l. Howard OF Jamaica ~ Cha.
f. Barrett formerly Of Hinsdalc, nov
of Massachusetts,. I'd recover for a horse
sold in '9i. The evidence Of plaintiff
was that the price was sl00, being
made that because the horse had srur
away, that Barrett and his brother
w. H., gave. demand note for $65
stating it was for ssralue received
but reading II" viii pay, and that {
blind horse which plaintiff offered Il
take at $50, or they ymight pay that ir
cash il they preferred They disposet
Of it elsewhere. The evidence of de
fendant tended to show that although
plaintiff told about the runaway anc
high life of the horse, yet he warrant
ed it to stand after n weeks use fol
their milk route, that being the pur
pose for which it was bought, tina,
after heing used awhile it ran away,
and they couldn't do anything with il
and it wasn't worth half the price.
Also that W. H., made a tender Of the
amount Of the note when he met How
! ara III i11lSltIt. - lit GdSt W dS tlSt
defended on the ground that what
c. E. Barrett did was as agent for his
brother, that plaintiff knew it and that
he only signed the note as surety,
though the word was not written after
his name Verdict for plaintiff to re
cDver the full 800, interest and costs.
Waterman, Martin & Hit for plaintiff
Fits and Haskins and Stoddard for
| defendant.
State John Cummings for assault
with intent TO kill and mCrder by
shooting through a window the night
before the Fourth OF July last at Graf
| ton.
| The evidence OF state was that Cum
mings and his friends met at his store
to celebrate with fire and liquor. tnat
Mrs. Thomas house into which the
| firing was done was dark all the even
| ing, so they couldn't see EN- as
she said, that about O'Clock Cum
mings, saving he would give the
| Thomases hell fired the shot, but no
one was hurt, though it came very near.
The evidence of the defense tended to
show that he did not fire at all, but
it was some one else. The indictment
did not allege the use OF danger
Gus weapon in the assault and the
defense claimed that only simple as
sault could be proved under it and on
going to the supreme court on this
point Judge Monson held the indict-
ment did not allow verdict with lin
tent to murder" but did with intent
to kill
Verdict of guilty Of assault with in
tent to kill, with accommodation Of
mercy. Fits for state, Robb and j.
G.. Martin for respondent.
State V Watson S French, indict-
ment for breach of peace by threaten
ing VIM Winslow at West Brattleboro
and assault on respondents son. The
court on demurrer held the first to be
bad and the case was tried on the
assault" part The evidence was
that the son 10 years old, had been
bound out to Winslow as pauper by
the Wilmington selectmen, and last
summer haying time French and Frank
Greene went TO the field on Winslow 9
place, called for the boy. took him in
the wagon, when they surrounded il,
with various talk ard movement of
scythes and snaths, and disabled the
bridge SO as to hold French there un-
til Sheriff Starkey could be sent for
The defense was that there was
nothing in the case to show that
French had parted with his parental
authority. and there was no assault
but the boy was taken into the car
riage with nis consent. The court
he'd as matter Of law that the recita!
in the binding papers that the boy
was pauper, was evidence of the fact
though there was no other proof. The
jury rendered verdict of guilty.
Fits for the state, Weston and Hitt
for respondent by assignment cf court.
State :. Z. W Finny If Saztons
River information for practising dem
tistry without license was the
spiciest trial of the term. The infor-
nation alleged that Jan. |, '95, he
filed teeth for Willie Warner and set
false teeth for ChauncryGale, took pay.
thereby practising dentistry without
license and contrary 10 law The de
fense demurred or the ground that the
law was unconstitutional, rs an in
on the right to earn a
livelihood, as exempting the only dan
gernus part of the practise, extracting
teeth, and in making a distinction in
giving right to license without fee
or examination 10 those who have
practised in the state for year, and |
to graduates of dental colleges such as
the board designates. Messrs. Water |
man and Martin in their arguments |
riddled the law from top to bottom and |
most amusingly, considering that |
Judge Munson, as chairman of the |
general committee, reported it and de-
Tended il on the floor in the legislature !
Of 80 Judge Munson of course over
looked the demurrer. Only these two
cases of practise were proved. the |
defense objected to proving any kother
and the court sustained them. " The |
defense also made much of failure to |
prove that Warner paid for the filling,
DR. that Finny made the false teeth for
Gale, the latter only testifyng to an
impression of his mouth being taken
and getting the teeth. All testified to
the mice work. done by Finny. DIR
Parker of Bellows Falls, a member of
the dental board, produced the record.
simply signed but not attested, and
showing that Finny applied for license
in March. '94. but not that he got ii.
Martin convulsed the court with his
-eading OF the record, Its spelling. etc.
Judge Monson charged that the law,
ike the liquor law. must be obeyed as
ong as il exists. whether liked or not,
nut the jury gave a verdict of not
.uilty Fits for state. Waterman, 4
Martin aud Hit for respondent
State Julius Porter for train wreck
ng count on trial this morning. Done
N the Boston and Maine railroad near
}rattleboro, at which time trains No
3 and 7s. fast New York passenger
rains. over the Boston and Maine /;
ailroad. were partly wrecked and
ONE If the train crew injured The /;
ase is expected To be very interesting /