Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1896-01-15
WINDSOR COUNTY COURT.


January 4, and the trial of divorce cases
and court issues began on Monday alter
noon, January &.
Divorces have been granted as follows
William c. Barron from Mary Barron for
desertion Francis D. Brooks from Eva j
Brooks tor desertion; Minnie B. Beaure-
gard from Ozas Beauregard for refusal to
support; Nellie Downey from Jerry Dow
ney for desertion; Elizabeth r. Marsh
from Albert NJ Marsh for intolerable Sc
verify; Romance Waitman from Addie
Waitman for desertion.
Numerous motions, demurrers, and re-
ports have been heard, but the larger part
Of them are of no general interest and
related to the conduct of causes according
to the rules of practice. Among the cases
tried are Eliza Chapman VS.. Ezra G. Buss
and Fred G. Davis. This case originated
in Springfield village and is an action on
the case Gas the legal terms are) to recover
damages by reason of the taking down of
pair of bars that plaintiff had built across
lane to her pasture. Defendants admitted
the fact that they removed the bars, but
claimed a right so to do, as the plaintiff had
only right Of passing over the lane and
had no right to obstruct it, The questions
involved were matters of law principally,
and under the construction of the deedsto
plaintiff as claimed by the attorney of plain
tiff on the trial, the court ruled that plain
tiff did not own the land covered by the
lane, but only an easement in it, a right OF
passing to and from her pasture, and gave
judgments for defendants. At later date
w. f. johnson appeared for plaintiff and
made motion to strike off this iudgmcn,
| and enter discontinuance with costs, sc
as to bring another suit based on the CLAIM
that plaintiff owned the lane This motto,
was denied. No exceptions were taken
George L. Fletcher for plaintiff; Fred c.
Davis and Gilbert A. Davis for defendants
In the case of Reuben V. Dunklee VS..
Nettie L. Hooper, motion was filed to
set aside the verdict on the ground that it
was against the evidence and the charge OF
the court. The motion was vigorously ar
gued by the attorneys on the respective
sides and was held under advisement until
shortly prior to final adjournment. Judge
Rowell then concisely reviewed the case,
and after permitting the motion to be
amended, overruled it and rendered judg-
ment for the plaintiff on the verdict. 1t is
not yet settled as to whether the case will
60 to the supreme court.
In case of John Chandler VS.. Dwight S.
Hammond and Fred c. Hammond, mo-
ton was made to set aside the verdict on
the ground that it was against the evidence
and that the attorney of plaintiff had dis
closed the verdict in the Adams case, con-
trary to the orders of the court, as shown
by the affidavit of William Bement The
court ordered this attorney to file his own
affidavit as to this disclosure, which he did.
The court at first overruled the motion,
but subsequently struck off that entry, and
directed that new trial be granted unless
it should be made to appear affirmatively
that none of the Chandler jury had heard
rendering their verdict.
Woodstock Burying Ground association
VS.. John w. Hagar of Weathersfeld was
an action to recover about Sl2 expended
by plaintiff in putting into suitable condi-
ton defendants lot This lot was decided
to Mr.. Hagar in 1866 and in that year he
moved away from Woodstock. The loca-
ton Of this lot and the adjoining lots was
lower than the surrounding lots, and the
adjoining lots were raised up and filled in.
Defendant was applied to number of
times to fill his lot up to the grade and
have it conform in appearance to others
and thus add to the beauty of the cemetery.
In October, 1888, the association filled
this lot and this action is brought to re-
cover the expense. The court made a
finding Of facts and rendered judgment for
defendant. Exceptions by plaintiff w.
c. French for plaintiff, Fred c. Davis for
defendant.
Some of the results of the business OF
this term may be of interest. Forty divorce
were granted, two refused fifteen were
discontinued, and sixteen continued. These
figures show that divorce business has not
found much favor with the court.
Turning to the criminal business of the
| term, we find upon the docket thirty-fve
cases, and the results have been as follows
twelve cases continued or ordered not to
be brought forward in FIVE cases. nolle
prosequi entered; in one case the bonds
were forfeited; verdicts of not guilty were
rendered in two cases, including that OF
DR.. j. Marston Ryder, the most important
case of the term there were entered nine
pleas of guilty; and six were convicted by
the jury. The offences were all of minor
character, only one person being sentenced
to the state prison, and he got three years
for stealing S1S.
The prohibitory law was let alone Sc.
verely; one fellow was fined $40 and cost.
for obtaining liquor under false pretense.
from the Woodstock liquor agency, and
the trial of druggist Royal Adams of Wood
stock ended in an acquittal.