Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1902-10-13
COUNTY COURT.

"J AuOA AAAhS dO uluc O'CIOCK
the case of Burbank VS.. Stetson and
Allen went on trial. This was an ac-
ton in trespass to recover damages
for an assault and battery committed
by the defendants upon the plaintiff
on the Both day of last January. 1t
appears from the plaintiffs testimony
that on the 30th day of January, the
latter part of the afternoon, he was
passing up the hill from the mill below
lrasAurg Common toward the village
witha logging team, and that on his
way he defendants drove up behind
him with a single team, and in
swinging out to pass by in some
mann'r, they were tipped over.
This occurrence caused some talk,
and thu plaintiff remarked to the de-
fendans that if they had not been
either hols or drunk they would not
have tipped over. Nothing further
was saio and the plaintiff drove on
up to tb post office in the village,
and hadjust finished hitching his
team in ront of the office when the
defendants drove up. AS soon as they
stopped heir team both of them
sprang from the sleigh and came up
on the Platform where plaintiff was
standings; soue few words were had
between the parties, and then the
plaintih claimed that Allen attacked
him and that SION after Stetson
joined in the scuffle and the three of
them went to the grouna. They scuf-
fed around on the ground a few min
utes and then the deiendants allowed
the plaintiff to get up and he started
for the cant hook which was on his
logging sled, aud before he could OBJ
tain the hook the defendants again
attacked him and threw him to the
ground, and Allen pounded him il
the face while Stetson kicked him il
the right side. This continued unit
someone came out from the post Office
and interfered and the battle thel
ceased. This evidence was substanti
ated by other witnesses on the part o
the plaintiff who saw the latter par
of the fight. The defendants, Stetsol
and Allen, claimed on the other hand
that the plaintiff first attacked them
and that whatever force they use
was in self defence. Both Allen an
Stetson also claimed that Stetson too
no part in the row except to preven
Burbank from getting possession c
the cant hook. DIR. Young, who wa
called to attend to the injuries of MI
Burbank, further testified that MI
Burbank was not severely injured i
! this affair. The jury took the cas-
about noon on Thursday. They re
; turned verdict at 2:30 p. m. for til
, plaintiff to recover $4,000 damage
|, and his costs. Young & Young fc
, the plaintiff. Cook & Williams an
, w. w. Miles for the defendants.
, At the close of the forenoon sessio
of court, Thursday, W. w. Mile
J moved the court that a recess b
i taken until Friday morning at min
O'Clock, out of respect to the memor
! of Gen. w. w. Grout, deceased, VIII
was a member of the bar and at or
. time in practice in this county, an
] whose funeral was to be had on Thurs
= day afternoon.
a VIM. Logan, the respondent in tt
J., case of State VS.. Logan, for selling IL
= toxicating liquor, who forfeited b
= bail at the last March term of cour
t was located here Friday, the 3rd, ar
: was Immediately brought befol
n the court and forced to pay his fiji
2. of $500 and costs in all amounting
d S1OS.5O.
q The next case for trial after I'll
n case of Burbank VS.. Stetson and ALLIE
d was the case of O. F. Lewis VS.. JoI
: Wing, replevin, and was taken l
r Friday morning.
,. The case against John Wing W
Q discontinued and judgment was re
al dered against Robert Wing by defau
>. In the case of Moses Morse VS.. @.
1t Goodwin, assumpsit, Morse SUI
: Goodwin for payment for hay and W
n awarded S38.73.