Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1897-02-15
COUNTY COURT.

close of the Hammond & Buck case. The
counsel are Cook & Erwin q III
and Bates & Miles for the defendant. The
substance of the contract was that Mr..
Miller was to lease the farm to Mr.. WEIGH
for a certain time; that he was to put at
least ten and not more than fifteen COWS
on the farm; that said Welch was to have
all the produce, and if there was not hay
enough for the said amount of COWS Mr..
Miller should furnish it. This case has
already been tried once. The first witness
called was Mr.. WEIGH, the plaintiff.
@. I want to NOW if you had a talk
with Mr.. Miller about hiring his farm? A.
Yes. Showing him the lease he asked him
who signed it. A. / did, and Mr.. Miller.
@. When did you say this lease was mad e?
A. I can't tell, the date, some time in Aug.
The lease was then read before the court
and jury by Mr.. Cook. @. Where did you
work in the fall of. 1895? A. I worked in
the woods numbering. @. When did you
come out of the woods? A. Jan. 10Th. @.
After coming out of the woods when did
you first see Miller? A. In January.
The plaintiff had a talk with Mr.. Miller,
and he said that his wife had fiared up and
that he couldn't let me have the place. He
saw the said Miller again Feb. I'd, and
asked him when he was going to move,
and he said he was all ready to move; he
said if this has been a damage to you l
will pick one man and you one, and we
will leave it to them; the next time 1 saw
him was Feb. 9th. / asked him if he had
decided not to leave it out; he said no, but
that Page would not nave anything to do
with it.; then he said that he would leave
it out to Mr.. Fuller. I said all right, but
that we might settle it ourselves; / woul
settle for $25; he said he wouldn't do it.
Mr.. Taylor was the next witness called
by the plaintiff; he lives in Derby Ctr. Mr..
Taylor is a butter buyer and buys about
5000 worth per week; the average market
value of butter he says was 16 or possibly
II cents per pound. Cross examined, he
paid 20 or ~ cents for butter in the month
of Feb. He bought butter that year as
low as IL cents and said possibly for some
part of it, the poor butter, he paid only IL
cents. He did sell some of his butter to
special customers, perhaps one-fourth of
what he bought. Asked if he knew that
he was paying more for butter than those
around; he said that he did not.
Mr.. Bradford was the third witness; he
is a merchant in Holland and has been in
business there about 10 years; he deals a
little in butter but could not give an aver
age of what it was worth from Aug. to
Feb.
Mr.. Bates, for the defendant, cited a case
from the Vermont reports and e~ndeavored
to have the court take the case from thu
jury; his argument and citations were very
good but did not seem to cover the case,
and his motion was overruled and the d e.
tense opened with Mr.. Miller the defend
ant; he said that the contract was ma de-
some time in August; Mr.. WEIGH was the
first to speak of hiring the farm. Nh.
WEIGH came down and looked over the
COWS, also a colt which said defendant was
to leave on the place; he told Mr.. WEIGH
the COWS were not as good as he
thought they should be; that he had had
bad luck with them, but that they were
the cows he had agreed to take, and that
Mr.. WEIGH said yes they were. Mr.. WEIGH
said, I nave heard stories where / worked
this winter that your wife was not going
to give up possession of the place. MIR.
Miller said it was not true, that they had
decided where to go, but that he had
had any words with her about leaving.
Next time Mr.. WEIGH came was Feb. I'd.
He asked me how much damage | was 60
ing to give him. / told him that l wasn't
smart enough to see that there was any
Mr.. Miller said they had made
arrangements to move. He lastly claims
hat he never denied Welch possession of
5he farm. Cross examined he said that he
lid not testify at the time this case was
,ried before that the crockery was packed
the carpets up.
Ernest Miller, the son of the ~defendant,a
about Is years Gold, next took the
stand. He knew about WEIGH coming to
heir place Jan. 18th; he and his father
we're putting up the horses; his father
cave on the farm, then they went to see
cows. He says that WEIGH said that
ne had heard that his mother wasn't going
% leave the place; he said they had packed
Up most of their goods, and taken up the
carpets. He heard the conversation
WEIGH had with his mother, and testified
hat his mother said, today is the day you
ire to take possession; she said it was such
stormy day that she could not move that
lay, but tha she could nave a that
he could move into in less than twenty
minutes. He did not see Mr.. w. again
Until Feb. 9th. He young Miller), was
,ver to Derby Lin the Sd; that day was a
day, but doesn't remember as to
Feb, 9th.
Cross examined, he became somewhat
,-+o--Io1 o~o, ryIothar ~ moC ono room
,r a part of the house that his mother said
WEIGH might move into in less than
20 minutes; he said that not all the crock
Try was packed and that they did not have
% unpack any of the bedding that night.