Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1900-09-21
wINDHAM COUNTY COURT.

Harr'iet 4. Tucker Us. Charles N. Rob
5inS.-This was an action on the case for
deceit in the sale or exchange of house
in New London, Conn, of the plaintiff for
a farm of defendant in Jamaica. After
the case had been on trial for day and a
half and during 10 minute recess OF the
court the case was settled by the parties.
Waterman, Martin and Gibson for the
plaintiff. Fits, Read and Colt of New
London for defendant.
Josef Michniswicy US. Frank b. Rich
Grdson.-This was an action OF assumpslt
to recover balance due for labor for de-
PENDANT. The parties and witnesses were
all in attendance, but just before jury
was called the case was settled by the par
ties through the efforts of their attorneys.
Waterman, Martin and Gibson for plain
tiff. Haskins g. Schwenk and Cudworth
for defendant.
In re luM Of WiliOm r. Gould, Ben
jGmin f. Gould prOpOnent, Frances Allen
and others, conteStdntS.-The prepayment
presented paper in writing purporting to
be the last will and testament of William
F. Gould, late of Townsbend, deceased,
dated Aug. 81, 1880, and proved its due
execution and the testamentary capacity of
the testator at the date of its execution.
The will was then read to the jury and the
plaintiff rested his case.
The contestants then introduced evil
dence to show that after the death of his
wife and his sister Elizabeth Gould be-
came his housekeeper he procured Phil
ip H. Rutter to write him another
will making provisions materially different
from the will of Aug. 81, 1880, and in 1t
he provided home for Elizabeth during
her life and doubled the bequest to the
contestant Frances That said last will
was dated in May, 1896. That Elizabeth
died in March, 1898, leaving the testator
alone, and that the prepayment, Benjamin,
who then resided in Hartford, Conn.,,
came home to care for his father and did
remain there upon the homestead until af-
ter the. death of the testator in January,
1899. That the last of April or first of
May, 1898, the testator procured this sec
Ond will of its custodian and carried 1t
home with him; that while he was reading
it the prepayment, Benjamin, in whose GUS
tody was the first will, snatched it out of
his hands and burned it In the stove.
That it was testator's desire to have his
property distributed under the provisions
of the second will
The evidence on the part of the pro.
ponent in rebuttal tended to show that the
testator, after inquiring of the prepayment
if he had kept his first will safely, and
finding that he had so kept it, then burned
the second will himself, and with the in
tent by it's destruction to revise the will
of 1880 and have his estate distributed un
der its provisions. The jury returned a
verdict that the will presented for probate
was not the last will and testament oil
VIM. F. Gould. Haskns e. Schwenk and
Cudworth for the prepayment. Fits
Waterman, Martin and Gibson for the con
testants.
state as Thomas s. dHe.-Informa
tion tled by the states attorney for dis
turbing religious meeting The evidence
of the state tended to show that the re-
spondent and his wife had been members
of the Baptist church 10 Townshend, but
that the respondent had been suspended
or expelled from membership previous tC
1898. That at a communion service oil
said church in 1898, while the bread and
wine were being passed to Mrs. Crane, the
respondent grabbed the bread and severa
pieces fell upon the floor, and in like man
ner seized the wine cup, and in such forci
bic manner that the elements were spilled
upon the dress Of his wife, at which she
made such an cutlery that the service wa:
broken up then and there.
The evidence on the part OF the respond
ent tended to show that he claimed anC
believed that he was still member of the
church and had a right to participate il
the celebration by partaking of the breaC
and wine. That he took the bread ant
cup for that purpose, using no force or vi
oence, aud that whatever was spilled o.
fell upon the floor was purely accidental
Robb for the state, Barber for respondent