Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1898-09-24

S. H. SHERMAN VS.. EsTEY ORGAN CON-
This case went to the jury late Tuesday
afternoon. At 7 o'clock Wednesday even
ing verdict was reached in favor of the
plaintiff, the damages being fixed at
$1165 so. This was the amount of the
note secured by the $1,000 mortgage with
interest. The jury rendered special YER
dict in answer to a question from the court
asking them to find whether Mr.. Sherman
gave the Organ company notice of his
$2500 mortgage in June, 1892, as claimed
by him but knowledge of which notice was
denied by the company. The special find
ing was that Mr.. Sherman did give such
notice. In answer to question by the
court to the jury the foreman replied that
they found the company holden for no part
OF the S2500 note.
The court in charging the jury had held
that the notice as claimed by Sherman was
not sufficient in law to bind the defendant
in that it did not state fully, in accordance
with the New Hampshire statute, that the
mortgage was bona fde and for full con-
sideration but submitted the special verdict
that the rights of the parties in case notice
was found, could be determined by the
supreme court. So the case is left with
the plaintiff recovering absolutely as to the
$1,000 mortgage, with the question as to
the $250O mortgage apparently dependent
on the law ruling, one of many points on
which the case can go to the supreme
court.
After the continuance of the case of
Mcintyre VS.. Williamson on account of the
sickness of the defendant the civil jury
docket commenced falling to pieces, the
attorneys apparently vieing with each other
in their efforts to secure its complete col
lapse. Parties arriving in highly bellig
erent condition were quickly hustled into
an ante room and not let out until terms of
peace were concluded or an agreement
for continuance made. When it was an
nounced that the Dover dog case had been
settled by the payment OF the town OF
$12 so, each side to pay its own costs, it
became apparent that the county court
would not stand in the way of the Valley
fair and the opening of the legislature.
Wednesday was occupied with divorce and
chancery cases. Thursday morning the
criminal docket was called and in the fol-
lowing causes nolle prosequi was entered,
States Attorney Robb stating that he was
doubtful as to being able to secure sufficient
evidence to convict. State VS.. Charles j.
Mather, assault; William B. johnson,
breach of peace; Leslie Fuller, rape
Charles Bean apt. selling liquor; John B. |
w. COMBS, arson; Myron E Lyman.
killing deer contrary to statute; Montra |
vile Wetherell. burglary.
Judge Rowell stated his belief that all |
criminal cases should have speedy trial not
only in the interests OF the state and the |
maintenance of the law but in justice to the
accused He didn't believe in holding an
Indictment over man as a club TO insure
bis good behavior.
Prisoners were brought into court ar
raigned, pleaded guilty and were sentenced
as follows: Orrin Labounty for stealing
horse in Guilford TO states prison for three
years Charles j. Ross for grand larceny,
70 states prison for two years; Martin
Knight OF Dover for petit larceny three
months in the house of correction Michael
Hennessey of Brattleboro for breach of
peace, nine months in the house of correc-
on Henry Gilfeather of Wilmington for
preach Of peace, to pay $50 and costs.
Thursday afternoon jury was drawn in
he case OF state vs. Charles Grotto, apt.
This case came before Justice at Brat
,oro in July last on complaint from the
tate's attorney charging cruelty to animals.
The respondent was fined So and costs and
ook an appeal. The evidence on the part
# the state tended to show that Grotto, who
S an employee of w. F. Richardson & Son,
vas cruel and abusive to yearling heifer,
which was being taken through Brattleboro
-illsge from Dummer3ton to the Richard
on slaughter house, one hot day in June,
asst. The animal was hitched behind a
Dad of hay, and while on North Main
treet near tie common the ladies of that
heard loud and continuous
racks of a whip and locking into the
reet, saw the heifer in an apparently ex
susted condition, being dragged behind