The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1897-07-02
Orange County Court.
June erm, 1897.

CURTIS S. EMERY, Clerk.
CHAs. F. SMITH, Sheriff.
HALE X. DARLING, States Atty.
MARGARET CHESTNUT. Reporte
5. K. BERRY, High Bailiff
THURSDAY, JUNE "a.
No. S1S. State V. Mortimer w. Brooks
and Eva ScrutOn This case was expect
ed to last several days, but it took an un
expected turn to-day. Mrs ScrutOn ties
titled in behalf of the state and Brook
pleaded guilty, which ended the trial anC
ended jury business for the term. Al
the Jury were dismissed. Brooks wa
sentenced to five years in States Prison
and Mrs. Scruton was discharged. Some
witness cases were tried by the court anC
other court business was disposed of dur
ing the day and Friday forenoon unit
about II O'Clock, when court rose. There
has not been such an amount of crimina
business disposed of at any one term Of
court within the memory of the oldest
lawyers. When court commenced its
session there were ten persons in jail and
at least four more were arrested during
the term. Six or more have been sen.
fenced to states prison and four to the
house of correction. The aggregate
term is more than thrty-eight years
Below we give the court business disposed
of during the term in the order in which
the cases appear on the docket. We in
tend to give every case except those which
are continued without any action of
court. Those which do not appear here
may be understood to be continued.
No. 100. State V. Alkaline MarstOn. IN
dictment for keeping house of i'll fame,
found June 1884. Respondent is out OF
the state. Bench warrant ordered and
continued. States Attorney for state,
Denison for respondent, Watson for bail.
No. 1913. State V. Cassius Morse In
iot,
June 1887. Respondent declared to be
insane and ordered into the custody of
his father, Dana II. Morse, of Randolph,
to be kept in close confinement until the
further order of court. Continued.
States Attorney for state, Boyden for
respondent.
No. 1874. State v Fred D. Wilson. In
dictment for rape found in 1889. Bonds
forfeited Bench warrant ordered and
continued. States Atty. for state. No
appearance for prosecution.
No. 226 Nellie A. Smith v Daniel n.
Smith. Petition for divorce brought
June 1898. Discontinued. Boyden for
libellant, Senter for libellee.
No. $40. Nellie M. Cove V. Hiram d.
Cove Divorce granted for intolerable
severity. Darling & Darling for libellant.
No. 428. George W. Cleveland V. John
B. Bacon: Action of assumpsit.. Heard
June 24th, on exceptions to referee E.
w. Smiths report. judgement for de-
PENDANT to recover SI0S7 damages and his
costs. Exceptions by plaintiff. Harvey
for plaintiff, Darling x Darling for de-
PENDANT.
No. 451. Joseph W. Bliss V. George w.
Chamberlin and trustees. AT the last
term the death OF the plaintiff was sug-
gested and Abbie c. Bliss entered as ad-
ministratriX to prosecute. AT this term
the case is discontinued by reason of the
death of the defendant and the appoint
ment of commissioners on his estate.
Watson for plaintiff, Smith d Sloan for
defendant.
No. 4GS In re estate of Electa Hall,
Sarah 4. E. Walton administrators of
John Walton estate appellant, +. Il.
Skinner, executor of the will of Electa
Hall, appellee. This is an appeal from
the judgement of the Probate Court for
the district OF Randolph allowing the adj
ministration account of the executor
which absorbed the whole of Electa Halls
estate and left nothing to pay a judge
ment of S530, which Miss Walton as adj
miniStratTiX had against the Hall estate.
Heard on exceptions to the report of W.
p. Stafford, commissioner, June 24th, or
more correctly speaking the case was sub
mitted to the court on the papers i'll the
case without brief or argument. The
Judgment of the court as rendered June
%, was as follows, viz: Appellants eX-
ceptions to the report allowed, Appellees
credit of SS3.76 for lawyers fees and dis
bursements in Steele v WaltOns estate
and the sum of S294.66 for lawyers fees
and disbursements i'll Walton V. WaltOn's .
estate and the over charge of 500 in the .
account of Denison Son, as stated in
the commissioner report, are disallOwed |
After such disallowance the executor is .
allowed the balance of the items of credit |
reported by the commissioner, being the .
the sum of $1302S3. The debit items
against said executor are allowed against .
him as reported by the commissioner at .
$2020,20 and it is adjudged that there is in
the hands of the executor belonging to
said estate S717.37. 1t is also adjudged
that the appellant recover her costs.
This judgement to be certified back to
the probate court To this judgement
exceptions were taken by both parties,
exceptions are allowed and the cause is
passed to the Supreme Court. Farnham
and Harvey for the appellant, Tarbell q
Whitman and the DeniSOns for appellee.
No 5O6. William G. Clark apt. V. es-
tate of Andrew ). Allis, Wallace ;. Allis .
administrator Appeal from judgement .
of the probate court. Heard June 24th.
Discontinued. To be certified to probate
court. Boyden for plOintitf, DeniSOn for
No. 56S. O. V. Downingy. E. d. Purvee .
ant. Action of aSsumpsit. Judgement
for plalntiit against the defendant for
noncompliance with rule Tor bail. lruS-
tee 'adiudged liable for amount of debt
and costs. Damages to be assessed by
the clerk. Darling Il Darling for plaintiff,
Hoar and Gordon for defendant and
trustee.
No. so. Benjamin Dowv. c. E. Taylor,
Montpelier 4 Wells River railroad, trus-
fee. appellant, X. E. Henderson, claimant.
Action of assumpsit Referred to Roswell
Farnham commissiO to take disclosure
of trustee. Report filed June It'll. Trus-
tee files exceptions to report June 18th.
Continued. Smith Il Sloan for plaintiff
and claimant, Shurtleff for trustee.
No. $40. Josephine b. Eaton V. Charles
James Eaton. Petition for divorce filed
December 1895. Discontinued. Pickett
for libellant
No. $50 L. b. Sherwin " Salome A.
Andross' estate, Joseph Tebbetts admin
istrator. Hiram ID. Willard apt. Appeal
from the judgement of the probate court
allowing plaintiffs claim against the said
estate. Referred to A. Dunnett auditor
and referee. The property of the estate
was in the hands of Mrs. Ruth Wallace of
BradfoId and she claimed to hold the
same against the administrator by virtue
of a gift to her made by the deceased and
delivery before death. This case and
Nos. 5S7 and $50 were settled by the pay
ment into the hands of the administrator,
Judge Tebbetts, for the purpose of pay.
ing these claims the sum of $4,000.
Farnham for the plaintiff Harvey and