Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1898-12-24

within the surveyed limits of the highway.
The case was brought to conclusi IN on
the afternoon Of December 20 by verdict
tor defendants. The jury were unanimous
on the first ballot. This case is somewhat
remarkable and has attracted great deal
OF attention. When the taxpayers wake
up to the situation and appreciate the tact
that the town is burdened with this law
suit over an Insignificant piece Of lard COW
ering about one and one-half square feet,
they will naturally inquire as to the neces-
'ity and good policy of using the towns
money tor such purpose. A close calcu-
lation Of the value of the land in contro-
versy has shown it worth so cents at the
rate of $40, 900 an acre.
1t appeared that October 8, 1896, the
selectmen Of Cavendi.h, Messrs. Elliott G.
White, Frank H. Wheeler and Park H.
Pollard, laid out in Proctorsville high
way known as Maple street and employed
Sanford E. Emery to make the survey and
plot Of the same, and he did 50. The
Jennes appealed to the county court, but
the county court at May term 1896, con-
6rmed the doings Of the selectmen. In
1896 Mr.. JENNIE erected new dwelling
house just west of the line Of this road. A
question arose as to whether the east side Of
this house was within the limits Of the high
way. and Mr.. Jenne was called upon to
bring his compass and determine that
question. At that time there were two
points Of the original survey to BE- seen, a
stake on the north margin Of M lin street
and slat on post II 1-2 rods north
20 1-2 . west Of it. This line ran along by
ho hoyao L. AZ
vital line in the case. The northeast
corner ofthe sill was found by Mr.. Emery at
this time, as he and others testified to be
about three and one-half inches east of this
line. Thereupon the whole frame was
moved west some five inches so as to put
the tame wholly out Of the highway ac-
cordlng to the defendants testimony.
The defendants thereupon proceeded with
their building and erected two-story
dwelling house. .There was war in Cav
endish" over this. The .eectmen claimed
that this house was slightly over the line in
the highway and ordered its removal on o.
before May l, 1897. The defendants did
not remove the house and this suit was
brought to recover the statutory penalty of
S$5 month for six months There was a
great array Of surveyors Charles Batehsl-
der of Woodstock, Mr. Randall OF Poul'-
ney, Judge Frank A. Walker of Ludlow
for the town; E. L. Grimes Of Rutland, j
L Cragin OF Springfield, A G. Cox of White
River Junction and E. Emery of Proc
torsvile tor the defendants. Therefore the
town found the house in the highway,
while the surveyors for defendants
found it out Of the highway. These
different results depended upon the
allowance made for the variation of the
magnetic needle and also upon the starting
point. The case was argued at length by
John G. Sargent and w. w. Stickrey for
1.-The plaintiff. and by Gilbert A. Davis and
w. B. G. Stickney for defendants.
At the conclusion Of this case, the crimi-
nsl cases will be taken up and tried by
| jury, but the exact order OF the trials has
net been determined. Counsel have beer
as,signed to defend impecunious prisoners
The case on trial Friday morning was
State vs.. Rollin Miller of Barnard charged
with horse stealing. The states attorney
conducts the prosecution and E. B. Finn
the defence under the assignment of the
court.