Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1900-06-28
Windsor County Court.

living near Ludlow. His father, Dsni,
e Doyle, came out of the house to dispers
n the crowd and was assaulted. He identi
fed four Of the party as above. Plea
r. guilty; fine, rs ana costs in each case.
a State Dennis and Martin Callahan, tw
small boys charged with taking a tear
from a shed while its owner was attend
10 ing divine worship. Pleaded guilty
Counsel said the boys only stole ride an
r. returned the team. Sentence deferred.
70 The following state cases have been dis
posed Of
State vs.. Milon Willis, adultery. Tn
= respondent married Nettie Hirschman no
r knowing she was already the wife 0
Adolph Hirschman, who is still living. II
2 view of the circumstances F. b. Pingree
, his counsel, urged a light sentence and tn
court gave him not less than one year, no
] more than year ana half, in the housI
81 OF correction.
State VS.. Nettie Hirschman, adultery
This was the companion case to the above
, and the respondent claimed she had nevel
been lawfully married, or did not suppos,
she had, so married again. She was sen
{ fenced to not less than fifteen months, mol
more than eighteen, in the house OF cor
rection.
State VS.. Dustin Shaw. This respondent
is the elder OF the two respondents of that
name. He had been arraigned for imped =
ing an officer, and pleaded not guilty. +.
Z. Southgate was assigned as his counsel
and advised him to plead guilty, so he re-
tracted his former plea and pleaded guilty
to the charge above and to another for
breaking jail. The case against him for
unlawiully killing deer was discontinued.
! IL is expected that the trial OF State vs.
Frank Shaw for the murder Of q. W.
Hoffman will be commenced Monday,
I July ID, and special venires have been
issued to summon thirty extra jurors for
that time. This Will give sixty jurors
from which to select a panel.
state vs.. Josephine Quimby Sweet, big
amy, The trial Of this case was COM
menced and the respondent admitted the
marriage to one Quimby some twenty
years ago. With this admission and
proof OF marriage to Sweet, the state rest
ed, In defence, counsel sought 10 show
that at the time Of the first marriage
Quimby had a lawful wife then living.
The evidence 10 support this claim was
excluded and respondents counsel asked
for a continuance in order TO get other
evidence on this point, so the case was
continued. J. G. Enright and Il. r. Buck
for respondent and States Attorney Sar-
gent for the state.
State VS.. Baker. This respondent was
recently arrested on a charge OF rape upon /
a young woman at Bridgewater. He 4
pleaded not guilty and was admitted to ]
bail in the sum OK $1,000. VIM. b. {, /
was assigned as his counsel.
William Skinner, admr., vs.. Central 1
Vermont Railway Company. This was an .
action brought under the statute TO re-
cover damages IN favor OF Lula Carpenter
and child, widow and son OF Loren How
ard Carpenter, who was killed while al
work for the defendant company as a
brakeman. The accident occurred ia
August last in the yard az Hartland. Car
oenter was rear brakeman on freight
rain @, which lett White River Junction
'arly on Monday morning. AT Hart
and a car had to be set out on the spur
rack. The car was the ninth from the
'ngine. 1t was arranged TO shunt this Ger
~ what Is known as a 'lying switch"
The engine proceeded with the nine cars
md Carpenter was on top OF the last car.
The forward brakeman was directed to
lncouple this car and he told Carpenter,
vho left the car be was on and went on TO
he eighth. The engine started along and
n making the switch Stacked suddenly, so
$ 10 allow the last car to be uncoupled,
nd then as suddenly started up again at
uicker speed so as 10 get by clear OF the
Witch, which was then set to shunt OF .
be oncoming car. At Just about the !
loment the pin was taken out uncoupling !
be last car and the engine with the other /;
light started again suddenly CARPENTER !
nto the track and was run over by the :
NTH car, which was following along in )
sar OF the part OF the train he was on :
hen he fell. IL was claimed by plain. :
MS counsel that the track was defective +
artieularly at point about $50 feet from :
be place Of accident and that part OF the 4
ain was passing over this defective place !!
hen the accident happened. II was also :
aimed that the track was defective ia .
her respects and out of gear. II was
lrther urged that the method OF setting =
this car by the "fiying SWITCH was \
lngerous and should not have been used. /,
ut that some safer method shold be en- :,
Dyed by the company. Furthermore II
lpeared that all the night before going
It on his train in the morning the CONF
my mad Kept deceased at work in the o,
,rd at White River Junction in shifting ~
RS and he should not have been sent out -
] a train in tired and exhausted condi- 3
on.
The defendant introduced evidence it
nding to show that deceased had been
tne place OF the accident on an average n
once day since the beginning OF the
ar or about eight months and had been
ere on trains in the same capacity "a VI
az in which be was working when
lied, so that be should have been famil- IL
with the place aud the work. At the fe
ose OF the testimony defendants coun-
] :
as denied. An agreement was made by T.
hich verdict for plaintiff might be re-
rned with damages agreed upon at T,
900. The case will go TO the supreme v
urt on exceptions by defendant. claim
g that the evidence failed to make 81,
owing OF any negligence on its part =,
nich would make il liable. II this DO OF
lion should be sustained by the supreme
urt the Judgment will be reversed. But OF
II De held there was sufficient evidence pt
warrant a recovery the judgment will OF
afhrmed and verdict stand at s3 500
alntins counsel were VIM. b. c. Stick. 70
y and VIM. +. johnson. For defend. 30
I appeared Charles NJ. wilds, c. w. ye
ltters and ex-Gov. Pingree. On satur. ID
Y the Jurors were excused for a week. W.
Inc divorce case of George f. Pollard
Mary A. Pollard. The parties were he
arried in March, ISIS. Mary was fond so
the company OF other men and her els
sbsnd demonstrated. She did not ike Sc
ana skipped in April, 1895. BIZ grant W
on the ground of desertion. II. &. HI
uthgate for petitioner. w
! recess was then taken until Monday dill
ly I'd. ne
..anies' hair work. Mrs. II. 81. BEAN foi
Dudley ST., Roxbury, Mass. reg
%.
Fast Roxhurv los