Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1897-02-15

by February. Mr.. Miles followed Mr..
Bates for the defendant, he said that the
question in his mind was, was there any
any breach of contract, and if there was
what was it? He used the stenographer's
reports in the testimony of the defendant,
and made a good argument for the de-
fence.
Mr.. Cook closed the arguments for the
plaintiff. He said that Mr.. Miles had made
a fair statement of the case, but it was not
as Miles had said a small case, that it had
been tried before and that this case had be-
come a case of great magnitude, he thought
Miller reasoned thus, this man is a poor
man / do not want to leave this place / can
settle with hin for little or nothing, he
will not take this to the courts. He then
took up the side of damages and claimed
that the damage should be for the time
WEIGH was out of work, and other dam
ages that occurred from Welch's not being
able to gain possession of the farm.
The Judge in his charge to the jury care
fully reviewed the case and stated the con-
tract. He said: the question is did the
defendant bar the plaintiff from taking
possession of the farm on Feb. I'd. If he did
then a verdict should be rendered for the
plaintiff for damages, If not a verdict may
be rendered for the defendant. In the case
of damages he said that the damages
should be whatever damage it would have
been for the plaintiff to be without the use
of said farm for one year.
In the case Welch VS.. Miller the jury re-
turned a verdict for the plaintiff to recover
$40 and costs.
Tuesday morning a jury was impannel-
ed for the case of August Anti VS.. Levi
Gotta. This is a case of assumpsit. Messrs.
Erwin & Young appearing for the plain
tiff, and Messrs. Cook & Miles for the de-
PENDANT. In this case the plaintiff claims
that the defendant owes him for a certain
numbe of days work.
August Anti first takes the stand. @.
You brought this case against Gotta? A.
Yes. You may state if you hired out to
Mr.. Gotta? A. Yes, over to West Derby
bridge. 1 asked him if he wanted to hire
anybody to work for him and he said that
he did; he told me he give me go per
month. 1 told him / wanted 81 per day,
but 1 told him / would go and work for
him. @. Where did you go to work for
Gotta. A. Up to Jay. @. Did Mr.. Gotta
ever give you any money? A. Yes, he
gave me $26, % out of the store. @. Didn't
he give you any money? A. Yes, some
time he gave me a dollar or % cents.
Cross examined by Mr.. Miles. @. Did
you know Gotta before you hired out to
him? A. No, / don't know him. @. Then
t he first time you saw him was on the
bridge? A. Yes. @. Did you have any
talk about working by the day with him?
A. / told him / wanted a dollar a day. Q.
This case has been tried before? Yes. Did
you testify then as to his hiring you by
the month? Anti is French and Mr.. Miles
gave up trying to make hin under
this question. @. There were a
large number of men up there in the
woods? Yes. @. Who was the boss of
these men? A. Mr.. Greenwood. @. |
Was there any other boss up there? A.
Yes, his name was Fox. @. Who did you
work under? A. Greenwood. How long
did you work under him? A. About sew
days. @. After you had worked under
Greenwood seven days you worked under
Mr.. Miles gave it up on this ques-
ton, the plaintiff could not comprehend it
and it was useless to try and explain. Re
direct. All the time you were up there at
work you did not max a trade to work
anywhere else or for any one else? A. No.
Mr.. Gotta the defendant. @. Where do
you live. A. Derby. @. What did you
do last winter? A. Numbered. @. Did
you see Mr.. Anti on the bridge at West
Derby. Yes. @. Did you have a talk
him about working? Yes. @. Was
the conversation in French or English. A.
In French. O.. What did you tell him?
1 told him 1 didn'tk know whether we
wanted any more help or not, that the best
Thing for him to do was to go over to Jay
md see. Q. Did you say anything about
he price? A. Yes, / told him we couldn't
rive more than $40 per month. @. When
you went up to the lumber woods was An
Ill working there? Yes. @. Under whom?
4. Under Greenwood. @. When did
you go up again? A. 1 don't know the
late perhaps a week or two later. @. Was
he under Greenwood then? Mr.. Gotta did
lot know. Mr.. Gotta testihes that while
Antil was working under Fox he wanted
linn to secure his pay which he told him
lie could not do. @. On the bridge was
here any talk about the time he was to
york? A. No. @. In the trial before
justice did Anti testify how long he
vas to work. A. No.
Cross examined by Mr.. Erwin. Q. Did
testify in the former trial that you
Iad a talk with Antil about work. A. Yes.
Did you testify that he wanted to secure
is pay while under Fox? IA. Yes. @.
did you testify that Antil came to your !
ome and said that Fox had run away and
hat you gave him a dollar and a pair of I
A. Yes. @. Now Mr.. Gotta is it !
ot a fact that when you met Antil on the