Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1897-09-20

defendant claims that he had tender
ed checks to Mr.. Nelson which he had
accepted, and that furthermore, the
plaintiff had received goods, mileage
book and other things to balance this
rent,and the defendant further claims
on certain day B. M. r. Nelson came
into the store of the said defendant
and was shown the book account be-
| tween himself and the defendant, and
that Mr. Nelson said, George, pre-
sumo that is all right y and that there
upon the defendant had settlement
made and witnessed; but the plaintiffs
say that the manner in which the
| book account was settled tends to
cast tuspicion upon it that the settle
| plaintiffs also claim that the checks
ment was unnatural and unusual The
and statements sent by Davis to Mel
son read "for payment in full" and
this was why Nelson did not accept
them. It is claimed by the defendant
thatNelson got goods from the de-
fendant's store and the plaintiffs do
that the settlement was made as
| clalmed; but on the other hand if you
are not satisfied that a settlement
was made, then the defendant owes
for more rent than $2O4.O7 and owes
something over 5000 more rent. I will
call your attention to the Sc, 600 claim.
The plaintiff claims that he is en-
titled to recover Sc, 900 with interest,
which amounts to So, 1928. Now.
they are entitled to recover the whole
or none of it. Tt is conceded by Mr..
Davis that he has had this money, but
not as debt. Mr.. Nelson had one
son and one daughter; the son went
West and later, George and Lizzie
went West and settled in West Supe-
rior; a correspondence sprang up and
Mr.. and Mrs. Nelson wished them to
return to Barton. Mr.. Nelson made
the proposition that he would furnish
the store and loan Davis money
with which to purchase goods; the
letter contains the other proposition
also, that if this did not suit him, he
will let him have $4,000; this PROPOSE
ton the plaintiff claims was not in the
letter when sent, you are to deter
mine this yourselves. The defendant
doessnot claim that he accepted the
proposition by letter but after he ar
rived home. The defendant claims
after he returned an arrangement was
made by which Nelson let him have
$4,000 and not as debt; that some
arrangement was made appears from
the specifications; the defendant says
that is fair to presume that if it had
been debt some note or writing
would have been given. Davis is not
allowed to testify in this matter Now
did Mr.. Drew have the talk he said he
did with Davis about the $4,000? This
is for you to determine. The burden
of the proof is on Davis, to snow that |
the 5000 was not debt. The case |
was given to the jury about ten o'clock |
Tuesday forenoon, and after being |
out three hours they brought in YER
dict to the effec that the defendan
should pay the plaintiff 204.07 and
pay the just costs.
Judge Rowell decided that Geo. H. |
Davis could be party with Mrs. Liz
zie Davis in contesting the will of the
late B. M. r. Nelson
The case of Wilkinson VS. Gilfillan
was next called. In this case the
plaintiff seeks to recover So on a
claim he had on horse which had
been sold to the defedant. The Judge
took the case from the jury and de-
cided that the plaintiff had no right to
recover.
Case of State VS. Collins Merrill.
In this case the respondent, Merrill,
is accused of stealing a horse, harness
and wagon, the property of one Har-
vey, who lives in Canada. The theft
was committed in Rock Island, Oct.
10, 1896.
The plea of the respondent being
that he was so intoxicated that he did
not know what he was about.
Cook and Miles appeared for the
and States Attorney An
mis- for the state.
Mr.. Harvey was first called and tes-
tilted as follows: Lives about 10 miles
from Rock Island. Oct. 10, 1896, drove
to Rock Island with the horse which
was stolen; hitched the team in
shed; saw the respondent twice, about
5 O'Clock he went to the shed to get
his team and found that it was gone;
went to Mr.. Bates, deputy sheriff, and
they started to find the horse; finally