Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1901-07-18
Orange County Court.
June Term, 1901.

NLkIls ,. EMERY, 1leIh.
/ DAVID 5. CONANT. states Attorney.
FRANK /. WHITNEY, Sheriff
MARGARET CHESTNUT, Reporter.
The June term OF Orange county cour
: finally adjourned at "high noon July 10
after the longest continuous session since
June term, 1890. The term commenced
June 4, and with the exception of Sundays
was in session every day until adjourn
ment. Holidays such as Bunker Hill day
Fourth of July, etc, were not regarded.
We give below report OF the cases not
previously reported, where the entries
would be of any public interest.
j Hale G. Bailey VS.. Joseph II. Bailey's es-
tate. Judgment of probate court accept
ing the report of the commissioners affirm
ed. with interest and costs, and for costs
| against appellant. Smith a Smith for
plaintiff; X. NJ. Harvey for appellant.
Maria l.. Chapman, Elk, VS.. Harry b.
Stevens and trustee. Rule of reference to
+. w. Smith revoked; w. +. johnson APP
pointed commissioner. Young Il Young
and d. 5. Conant for plaintiff; Roswell
| Farnham for defendant and trustee.
\ Town OF Washington las a school dis
| trict) vs.. Imlah b. Palmer. This was an
action of ejectment to recover possession
of a schoolhouse which the plaintiff claim
ed to own and which the defendant had
had possession of for about seven years.
nearly the whole day. The schoolhouse
was built in 1867 on land of Robert Boho-
non, who gave his consent thereto in the
following words, COPIED Uerbdtim from
the old district reeords):
''Ths is to Surtify that l. Robert Boho-
non, do freely give and grant the use of
Surtain peas of land now Ocupode by the
school Hous in School District No 20 in
the town o Washington and State OF YER
mont As long as said District Shal keep
the same in Repair"
No schools have been held in the build
ing since 1889, and the defendant (who
bought the Bohonon farm in 1879 claimed
that the town had lost its right in the
building and land by non-use and failure
to keep in repair. He took possession OF
the building in 1894, and has since used it
as a repair and blacksmith shop. The
court found that the town never intended
to abandon the property and that the
building was in fair repair until the de-
PENDANT put il out Of repair. Judgment
was rendered for the plaintiff to recover
possession of the premises and -lU dam
ages and costs. The case goes TO the SUI
preme court on exceptions. An amusing
feature of the trial was the attempt on the
part OF the defendants attorneys to ex-
clude J. b. Seaver from testifying in the
plaintiffs behalf on the ground that he
did not believe in God. Mr.. Seaver is one
OF the sCnOOl directors ana leans toNhfu
Universalism. The court found that his
views were sufficiently "brimstony" to
make him competent witness. Darling
a Darling for plaintiff; +. 5. Williams and
William Wishart for defendant.
j. G.. Mann, apt, VS.. Estate Of Seth NJ.
Flint. Trial by court commenced July =.
Plff. claims to recover balance OF account
against the estate. The trial had proceed
ed but short distance when both parties
found themselves in trouble. First, the
defendant wanted to show facts relating
to the insolvency OF the plaintiff and the
assignment of the account to j. J.. Mann,
but the court ruled that this could not be
shown as the pleadlngs stood. The trial
went on, and then the plaintiff wanted to
show a new promise to take the debt out
of the statute OF limitations. but the court
held that this could not be done because
the plaintiff had not pleaded new prom
Use. on the coming in of court after the
noon recess, the plaintiff asked for con-
tinuance so the pleadings could be put in
shape The defendant did not oppose the
motion, and so the case goes over to next
term. n. l.. Boyden and j. ID. Denison
for plaintiff; NJ. NJ. Wilson and Darling a.
Darling for defendant.
Cora Kennedy vs.. Roscoe Hood. Com
plant for bastardy. Judgment that the
defendant is guilty and is adjudged the
father of the child; that he pay the clerk
for the benefit of the plaintiff within 80
days from rising of court the sum Of 500,
with costs Exceptions filed by defend
ant. ID. ;. Conant for plaintiff; j. Is.
Pickett and r. NJ. Harvey Tor defendant.
In the cases ofC. T.. Clark, J. A. Aldrich
and Clark and Gage vs.. j. A. Aldrich,
Judgment for plaintiff was rendered. j. b.
Pickett for plaintiffs; ID. 5. Conant for de-
PENDANT.
Referees or commissioners were appoint
ed In the following named cases.
Jennie McCrillis VS.. Mary Tenney, NJ. |
NJ. Wilson, referee; Raymond p. Camps |
Estate vs.. W. A. Cutler, Zed 5. stanton, |
referee, 4. W. Kent VS.. II. e. Smith and |
trustee, Hale X. Darling. referee; Benz. w. |
Still vs.. Town of West Fairlee, Zed ). |
Stanton, c. u. Lathrop and c. X. Granger, /
commissioners.
The following cases go Of the docket, by /
settlement or discontinuance:
Charles II. Warren vs.. John II. Mayo; |
Stanley l.. Smith vs.. Robert +. Straine and |
trustees; Robert +. Straine vs.. Ebert O. |
Leonard; J {. NJ. Trask vs.. Mckannon Bros. |
a Co.; J. q. Mann vs. W. w. Bean; J. q. /
Mann vs.. W. w. Bean and trustees; Louise |
+. Wheeler vs.. Town Of Newbury; r. r. |
Higgins & Co. vs.. Israel Wood and trus- |
tees L. b. GoOdspeed a CO. vs.. same; Ros- /
well Farnham vs.. B. q NJ. X. r.; Horace |
+. White vs.. p. A. Holmes; Fred w. Farm l
ham vs.. Garretson, Smith a Ogden; l
Charles l.. Wetherbee V. Mary y. Thayer /
n 5. johnson vs.. Edward /. smith; Frank 4
+. Wyman vs. J. @. Mann, apt; George ]
W Flagg ". Morris Bannister and others; {
Adeline Powell vs.. NJ. +. Preston; Ella NJ. /
Abbott V. Town Of Braintree with costs \
TO PLAINTIFF
STATE CASES.
States Attorney Conant leaves the state l
docket in the best shape il has been for |
years, so far as the number Of cases re-
naming undisposed Of is concerned.
The cases Of state vs.. George Hood, the 1
belligerent Corinthian. were mol pressed, /
the respondent having paid two penalties /
and having conducted himself well sine 1
the cases were docketed. The case OF |
state " "Pete" Hoyt and Matthew Allen, /
for distilling cider brandy. was continued, |
as were the eases Of state vs.. Levi Hyette 1
{ Breach Of Peace, State -. Adelaide Col /
lins lsame), State vs. Alexander Wilson |
samel and state ". Nathan n. Carpenter /
maintaining a nuisanceD. State v. John /
r. Kimball (Bigamyl also goes by. pend /
ing the result OF Prince Johns adultery |
case in supreme court
state vs.. Cyrus "A. Whitney. Respond /
ent pleaded guilty 10 three first offences Of /
selling intoxicating liquor IN Brookheld. /
Fined sim and costs ~fel lNl with alferna= I