Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1897-09-29
Windham County Court.
TOWN OF DOVER VS.. II. II. WINCHESTER
AND C. C. HAYNES.

TOWN OF DOVER VS.. II. H. WINCHESTER
AND c. C. HAYNES.
This was an action OF tort brought to
recover damages paid by the town for
sheep alleged to have been killed by de-
PENDANTS dogs.
The evidence produced by the town
tended to show that between August 81
and September s, 1896, five different lots of
sheep within short distance of Dover
Centre were attacked by dogs, 80 or more
Of the sheep being killed or badly wound
ed, for which the town paid 62.25 that
the sheep were all bitten in "a uniform man
ner through the neck and flank; that dogs
were several times heard and once or
twice seen, chasing the sheep, the bark of
the dogs being peculiar and similar to the
bark of the dogs Of defendants, who were
neighbors living in Wilmington near the
Dover line; that on the afternoon OF Sept
ember 9 these dogs were seen chasing
sheep and one of them was shot and killed,
the dog killed proving to be the property
of defendant Haynes; that the dead dog
was then taken to the home of Haynes and
that he and Winchester agreed to pay the
damage done by the dogs; that after the
killing Of one Of the dogs and the restrain
ing OF the other, no more sheep were
chased or killed in that section of Dover.
The testimony produced by defendants
tended to show that their dogs were hounds
which had been trained to hunt foxes and
other game that the dogs were accus-
tom to sheep, having been often seen
running near and among different focks
without doing injury; that the bark of their
| dogs was not like that represented as heard
by plaintiffs witness that on September s,
| the date Of the killing of the last of the
sheep, the dogs were both at their homes at
the hour when they were located near Dover
Centre, several miles away, by witnesses
OF ri tintiff; that on the afternoon when the
| Haynes dog was shot, and only a few
minutes before the shooting, both dogs
were seen in a neighboring pasture CON
tanning no sheep, running back and forth
with heads to the ground as if on the track
of game that other dogs were seen chas
ing sheep in the same neighborhood about
the same time and which had the same
bark as that testified to by witness for
plaintiff /; that other sheep were killed in
Wilmington, Marlboro and West Dover
after the dogs of defendants were disposed
Of; that defendants only refused to pay the
damages after becoming fully sati fed that
their dogs did not do the killing.
The Winchester dog, now owned in
Westminster, was produced in Court and
was allowed to bark tor the benefit of the
jury as he went down stairs out of the
court room. More than 80 witnesses were
examined on both sides but this was done
so expeditiously TINT but little more than
a day was taken with the testimony. The
case went to the jury at s o'clock Friday
evening, and at 9 90 verdict for defend
ants was rendered. Davenport and Fits
for plaintiff Waterman, Martin & Hit
and 0. f. Butterfeld for defendants.
Court was not in session Saturday and |
Monday, Judge Ross being away. The
case of State VS.. Watson French, Apl !, |
is set for Tuesday morning. There are 20 |
or more criminal cases on the docket OF |
which half dozen or more will probably |
be tried by jury A good many cases on
the civil lit are being settled. The parties |
come to Newfane fully keyed up to the
fighting pitch but in waiting for their turn
to come get together in some way A big
fight was expected la week in the Putney
Chemical engine case, large number
being pre- sent from that town. 1t is under
'od hat a guaranty was given with the
machine that no part of it would corode. |
The machine itself stood in the court house
yard as witness for the defendants on
this point. For some reason the plaintiff |
withdrew his action, and paid the defend
ants, it is said, S15 toward their costs.