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

The September term of the Orleans
County Court opened at Newport
Sept. 8th, Judge Rowen presiding, and
sH. S. Tolman and II. D. Chamber
lain acting as assistant judges. Part
pf the first day was taken up in the
heading of the docket, and it seemed
that a greater part of the cases dock
eted for this term were either settled
br continued.
The first case taken up was that of
IS. d. Meacham VS. Town of Newport,
.Annis and Miles appearing for the
pla1ntiff and Young for the defendant.
The testimony showed that the quad
rennial appraisal of said Meacham's
ESTATE was taken in 1894 and sworn to
before Notary Public instead of
pustice of the Peace, as the law re-
Ahuires. In 1895 part OF Meacham's list
was doubled by the listers, the quad
fennial report of '94 being used. Judge
Rowell ordered a verdict for the
plaintiff, saying that as the quanren-
hial report as taken was not legal the
lax was not legal. The jury brought
IN a verdict giving the plaintiff 1929.
The case will be carried to the su-
N preme court on the question of the
legality of the quadrennial report of
+g4.
A MI. Felix, who was indicted for in
toxication. plead guilty to the charge,
planning that he bought two ounces
'pf peppermint essence in Greensboro
hnd reduced it with water and so be-
came intoxicated. The Judge ruled
that the story was improbable and so
committed him to Jail until he should
make further disclosures.
In the divorce case of Alma Mosher
for intolerable severity.
The next case called was that of the
lB. NJ. r. Nelson Est. VS. Geo. FL. Davis.
This is the case commonly known as
the 'sSix thousand dollar case" Miles
and Young appeared for the plaintiff,
and Baldwin, Bates and Prouty for
the defendant. in this case the plain
tiff seeks to recover from Geo. II.
Davis $4,000, which said plaintiff
claims was loaned said Davis, and
which Davis claims was given him.
The first witness was Enoch Rowen,
who testified that he had known Mr..
Nelson for many years and that Nell
son once told him that he had given
a
next witness who said that in con-
versation with his father in regard to
a farm he said to him, "father, you
have given Davis $4,000 and I want
you 10 give me this farm,'' and Mr..
Nelson in his reply admitted giving
Davis the money. Mrs. Sam Nelson's
testimony corroborated that of her
husband. Frank A. Davis, brother of
the defendant, was then called and
testified in regard to Geo. H. Davis
going West and going into business
with him in West Superior, Wis; he
saw the letters written by Mr.. and
Mrs. Nelson to Davis and wife and he
saw the letter which is known in this
case as "64QlDlU NO. Ii anu III con-
tanned the words then, as it does now,
'sIf this does not suit you I will give
YOU Sc, 900 and let you have it along as
YOU need it," Mr.. r.Davis testified furth
er that in a conversation which he
had later with Mr.. Nelson while he,
was West he said: s.It was
the worst thing you could do for
Davis giving him the s6,O00." Mr..
Nelson replied, eff hadn't he would
have been bankrupt now" Mrs. Gard
iner. who was at that time clerk in
Geo. Davis store, testified to having
witnessed the settlement of the book
account between Nelson and Davis;
Warren Hartwell, another of Geo. II.
Davis clerks, also testified to being
present at the time the settlement of
the book account was made, and of
hearing Mr.. Nelson say, after looking
the books over, "Well, George, I pre-
sumo they Are all right"
Mrs. B. NJ. r. Nelson took the stand.
and testified regarding letters written