Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-10-08

Butterfeld, o. r. Garfield and Lewis H.
Lynde were appointed commissioners.
On the petition of Serotia A. Alexander
VS.. the Brattleboro Street Railway COM
pany for the alteration or removal of tie
switch in front of her Canal street house,
the court appointed A. E. Cudworth, j.
III. Kidder and j. II. Merri6eld commits
sioners to find and report facts.
The criminal docket was well cleaned up
by States Attorney Robb. But few cases
were continued and most of these were not
of a very serious nature. The most i'm
portant are the cases of Leslie Fuller, Ed
ward Clayton and Watson French. Most
of the others were allowed to stand as a
guaranty of good behavior on the part of
respondents. The bail of Watson French,
in sum of $3.50, was declared for forfeit last
week and a motion was made Tuesday, and
the motion continued for hearing, that the
bail be chancered on the ground that the
bondsmen, John T. Kaine and w. NJ.
Adams, didn't know that they were playing
with fire when they became sureties.
The case of State VS.. Intoxicating liquor,
c. II. Eddy & Co., claimants, was mol
pressed by the states attorney by the ad-
vice of the court on the ground that its
trial would be very expensive and that there
uulSuJ D6 SOulb uOuDJ OF CO0VlCJlO0 WIN
the evidence at hand.
In case of Prucius Manley of Dunn
merston, indicted the present term for
shooting with intent to kill, the respondent
plead guilty to a breach of the peace by
assault, which plea was accepted and re-
spondent fined $50 and costs. Manlev ad-
dressed the court in his own behalf before
sentence was pronounced, claiming that
his provocation was intense, but that he
did not intend to shoot, the revolver being
defective and going off accidentally. He
said that he was a prohibtionist while his
pursuers were rummies and grangers, and
that he was to some extent a martyr to
principle.
The case of state VS.. Edward A. Will
lard, jr., formerly of Wilmington, for en-
beZzlement of the funds of the Wilmington
Savings bank, was mol pressed upon the
representation that Willard had refunded
to the bank the amount taken, and the fur
ther representation that whatever was TAX
ell by Willard was because of a mistake
in book keeping and not with criminal in
tent.
Several of the divorce cases were con-
tested, in two of this nature the petitions
being refused. Judge Ross expressed the
opinion that the marriage relation was
coming into too great disrespect, and he
feared that the court was being greatly i'm
posed upon by the usual appearance of one
party only, and the rehearsal of a one
sided story. He favored the old law re-
quring both parties to appear in court,
thus giving both sides of the case.
The whole number of divorces granted
was 13, as follows: Ella C.. White from
Elmer V. White, Mamie n. Williamson
L
from George II. Cook, Flora jenkins from
Robert John jenkins, Ella NJ. Brown from
Hermon NJ. Brown, Attic NJ Waite from
Charles S. Waite, Wayne L. Fowler from
Della G. Fowler, Jennie NJ. Stuart from
William P. Stuart, for intolerable severity
Gertrude G. Thomas from John A. Thorn
as, Henry o. Rawson from Belle Rawson,
Charles f. LOCKWOOD from Charlotte Lock-
wood, for wilful desertion; Jennie G.
Washer from Sidney S. Washer, Henry NJ.
Clark from Mary Abby Clark, for adul-
terry.
The Williamson case was the subject of
quite protracted hearing, the question of
alimony being left open on account of the
unsettled condition of property interests.
The chancery docket was quite large
one. Fifteen foreclosure DEGREES were
made.
The petition of Ross White, appealing
from the decision of probate court refusing
him discharge in insolvency on the
ground that at present the court had no
jurisdiction, was heard. Judge Ross ruled
that as the debtor had paid the full per
cent required, he was entitled to a dis
charge, even though not applied for and
granted at the usual time of the third
meeting of the creditors.
The case town school district of Brat
tleboro VS.. Brattleboro graded school dis
trict involving the division of school
money was left with the chancellor for
early decision, the attorneys to file their
| documents at early date.
The case of Nellie NJ. Coolidge VS.. E. n.
Van Doom ct ais, foreclosing mortgage
on the Stebbins shop property was held
open by the court, pending farther proof
as to value of property.
Contention of plaintiff is that as defend
ant, Charles Miner, bought the equity
above mortgage for only $25 it would be
unfair to give him the use of property dur
ing the usual one year of redemption. De-
fendant claims property to be of value
much greater than purchase price, and that
1t is his intention to redeem.
Court adjourned Tuesday night.