Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-09-24


inaI Charges---Dover Dog Case Now
on Trial.
Charles +. EStdbrook Us. f. W. Ne
Clure, dpt-This was an action to re-
cover the value of horse and sleigh sold
by defendant as an officer in part salts
faction of an execution held by the Valley
Grain company against Jesse l.. Squires.
The claim of the plaintiff, as shown by the
evidence on his part, was to the effect that
on Aug Is, 1898, said Squires, who is his
son-in law, gave him a personal property
mortgage for the amount of $1,000, or such
balance as might be due him, which mort
gage covered all of the personal property
then owned by said Squires; that said
mortgage had been duly recorded and
that the debt secured by same had
never been paid; that on April Z,
1896, defendant officer attached horse
and sleigh, covered by said mortgage,
on an execution held against said Squires
by the Valley Grain company; that soon
afterward plaintiff notified w. II. Minor,
manager of the Valley Grain company, that
the horse attached was included in his
mortgage; that the said horse was in the
plaintiff possession or charge at the time
of the attachment; that the property in
question was sold and the proceeds thereof
applied on the execution regardless of the
plaintiffs claim.
1t was shown by the defendants evil
dence that Jesse Squires and man named
Mallory were running the Guiford hotel
in November, 1898, in violation of the
liquor laws; that the premises were raded
on the 18th of that month, the proprietors
escaping to Massachusetts; that on the
do ha Yola ha1 mi Ort-
gage made out and at his request the same
was dated Aug II, 1898, and executed as
of that date: that the mortgage was then
taken to Bernardston, Mass, and there
signed by said Squires on November IA
or Is; that when the mortgage was taken
to the town clerks office for record the
clerk called attention to the fact that
neither party to ii had signed the oath in
same to the effect that the mortgage Sc
cured debt actually owing, and that on
promise that the defect would be remedied
at once the town clerk supplied the de-
ticiency on the record; that the plaintiff
did not sign the oath till after the attach
ment in question was made in April, 1896,
and then not before a magistrate; that if
the mortgage held by the plaintiff ever re-
presented any bona fide Indebtedness, the
same had all been paid before said attach
ment; that at the time of the attachment
the horse and sleigh attached were in pos
session of G. A. Huntley of Brattleboro by
permission of Mrs. Jesse Squires; that the
property covered by the mortgage to plain
tiff was afterward sold by auction, the
horse and sleigh in question being bid in,
and 1t was announced publicly at the sale
that it was free of incumbrance. The
court submitted to the jury several in
terrogatories from which certain facts were
found by them establishing the claim of
the defendant on all important points.
Fits and Robb for plaintiff, Waterman,
Martin Il Hit for defendant.
William j. TuthU rs. Marcus r. Rob
bins, dpt.-In this case the evidence of the
plaintiff tended to show that in 1896 he
had field of corn alongside an unfenced
highway; that adjoining his farm the de-
fendant had pasture out of which in Au-
gust of that year he took drove of cattle;
that he met defendant coming with the
cattle in the highway and requested him to
let him, the plaintiff, send boy ahead of
the cattle and prevent them from running
to the corn; that defendant said he would
not have any one run ahead of his cattle
and if the attempt was made to do so he
would set his dog on to the cattle and put
them into the run that he carried out his
threat TO that effect and with the result
that the cattle left the highway, running
the entire length of the field and damaging
the crop to the extent of 500
The defendant presented testimony to
the effect that he did not put his cattle into
a run, but drove them at moderate pace;
that just before reaching the field he met
two hay wagons and horse rake in the
highway, thus obstructing his course and
causing the cattle 10 turn into plaintiffs
moving; that the son of plaintiff then
set dog on to the cattle, chasing them
into and through the field of corn; and
that the damage to corn was so slight that
when defendants son and hired man ex-
amined the field 10 days later no injury
whatever to the crop could be seen.
Verdict for plaintiff; damages $50. Wa
terman, Martin & Hit for plaintiff. Fits
and Robb for defendant.
Monday afternoon Seaman L. Wetherell
Of Grafton was placed on trial for the
crime of rape committed on the person of
a girl Is years old, Mabel NJ. Walker, who
was a member of his family. The respond
ent had been in Jail since March last, and
was indicted last week by the grand jury.
He was ably defended by j. G. Martin and
o. f. Butterfield, while States Attorney
Robb conducted the prosecution. At s
o'clock Tuesday evening the jury brought
in verdict of guilty. This case was fol-
lowed by the trial of the same respondent
on an indictment charging him with adul-
terry with one Nettie NJ. Carter. At 8
o'clock Wednesday evening a verdict of
guilty was rendered. An important factor
in these cases was the putting in on the
part of the state of some 80 or 40 letters
purporting to have been written by differ
ent parties to Mabel NJ. Walker and Nettie
NJ. Carter, but which were apparently all
in the hand writing of the respondent. A
portion of the letters purported to come
from fortune teller who advised that re-
spondent's requests be complied with in
every respect, otherwise great danger
would follow. The claim of the defence
was that the letters were not written by
the respondent, but we're part of a scheme
devised by some enemy of his to put him
behind prison bars.
Jennie Ho,oard us. N. G. BartLett.-
This was an action of replevin for the pos
session of three head of cattle claimed to
have been unlawfully detained by defend
ant. The parties reside in Guilford. 1t
was shown by plaintiffs evidence that on
Oct 27, 1896, she was notified that her
cattle were on defendants land; that she
went after them on two different occasions
and was each time unable to gain posses
sion of them, the defendant refusing the
first time to deliver them up without the
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