Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1902-06-26
Orange County Court.
June Term, 1902.

IL
I V. Gochee," "cruelty to animals" The
case was ushered in by successive
! motions on the part OF respondent
: counsel, Hale X. Darling. A demurrer
: was first filed on the ground that the
horses specified in the indictment were moi
sufficiently described. Second, motion
2 was made to compel the states attorney
? to elect upon which OF the two counts in
+. the indictment he would rely for convic-
] ton; and third, a motion TO quash the
I indictment on the ground that the nrsl
count charged one offence and the second
| another, but all to no avail The wheels
of justice kept right on turning and the
J respondent was tried by his country.
The charge was, "eruelty TO animals,
j. e. two poor horses, gray and a brown
Little was said concerning the brown; II
was with the woes and mishaps OF the
} gray that the two witnesses called by the
state were more familiar, and the small
court audience followed with interest
the brief, thrilling narration of his unfor-
tunate course from the field back of the
house where he was too poor to get up, to
thebrook into which he fell from which
he was too poor and weak to get out. The
cruelty of the respondent in this instance
consisted in pulling him out; "by the
TAIL" he whispered to his counsel but
the method of extrieation did not appear
in evidence.
The state was embarrassed in the trial
by the non-appearance of two OF its wit
| nesses and was forced to rest the case with
incomplete proof.
Upon the ground that the proof was not
| sufficient to justify a submission of the
| case to the jury, the respondent moved the
| court to direct a verdict of mot guilty.
| The respondent offered no evidence.
| The court granted the motion because Of
the insutficieney OF the proof and the re-
i spondent was acquitted.
Unless something unforeseen happens,
/ this is the last jury trial OF the June term.
There are a number Of divorce cases, two
| OF which are contested, TO be heard, and
some few court cases to be disposed Of,
| but it is expected that court will close be-
fore the end OF the week. Judge Rowell
spent Sunday at his home. Court resum-
ed its session Monday afternoon
| County court closed its June session little
past noon Saturday, the entire week being
occupied in the hearing Of divorce cases,
In several chancery matters and in the case
OF State vs.. Bean, for which last named
cause a new jury was called, the regular
jury having been discharged the week pre-
vious. In next weeks issue, q full list OF
divorces heard will be printed, the cause
alleged, and the decision OF the court in
each.
The State had difficult work in State vs..
Bean, for the reason that ITS principal Wit
ness was an unwilling one, and not only
refused Fl times to testify but owned to
having lied 10 the states attorney in re-
gard to some important facts in the case
upon which the State relied as tending to
show the guilt OF the respondent. This
case was one charging the respondent with
cruelty beating and kicking his own
daughter, one kena Bean. The evidence OF
the State tended to show that the girl had
complained of the cruel beating 10 some
OF her friends and some neighboFs, and
had shown to them the marks upon her
back, arms and legs. The information
filed was in two counts, the first charging
the prisoner with whipping Rena on one
Thursday; and the second with kicking
and beating her on the Saturday following.
The girl testified that he did whip her and
did kick her, but she was very unwilling
to do so. She testified, as did the respond
emit, that the punishment was because OF
falsehoods told her father. II appeared
that the girl had been working Tor one
Bradshaw, that she received $3.50 a week, |
staid nights at her fathers home, and had
the privilege OF staying home one or two
days every week TO do her own washing
and help her mother. She complained to |
her father that Bradshaw had said things |
to her that she didn't like to hear, and she |
therefore didn't wish to return TO Mr. |
to work. The respondent tes-
llutu luhl ne kntN lut Stories she mad Il
told about Bradshaw were false, because |
himself, said they were false,
and for that reason the father punished |
the girl, believing Bradshaw rather than |
his daughter. The State claimed that the |
respondent was angry when he punished /
the girl because she would not return to |
Brads haw's; that the $3.50 per week that |
found its way into his pockets was too |
large sum to be given up lightly, aud |
hat the 1--we of IL munp him 20 h.-
lieye that the girl had told a falsehood
about Buadshaw's conduct towards her.
AS the testimony went in, il rather seemed /
TO few listeners that there might be some
ground for complaint against Bradshaw.
Il IS hardly reasonable to suppose that a
girl OF fifteen years would tell falsehoods
Of that character against any man. The
jury found the respondent guilty on the
hrst count Of assault and battery on the
Thursday, and mot guilty" ON the second
count, the time of the alleged kicking.
The court fined the respondent 80 and
costs. Conant & Hyde prosecuted; Harvey
< II. h. Darling appeared for the respond
In the case Of Fred Frappiea v. Nelson
Johnson, the court rendered Judgment for
he plaintiff on the verdict for $50 and
'osts. Exceptions have been taken by
both sides, the plaintiff claiming that
Judgment should have been rendered for
he larger sum, slsl, found by the jury to
De the value of the horses at the time they
we're taken plus interest by way Of damag-
IS; and the defendant claiming that the
'endition OF judgment for go was con-
rary to law and the evidence in the case.
/ Is to be taken to supreme court.
Freeman Cunningham V. School District
No. 2 in Orange was the last civil case
ried. In this case il appeared that the
'lalntln mad loaned money to the district
or the building or repairing OF its school
house, and that after the town system
COX the place of the school district, this
iebt not having been fully paid. he pre-
ented II to the town. In 1895, /. {. Moves,
IS treasurer OF the district, gave Mr.. Cum
bingham SO, which he had in his posses
ion as treasurer, and this was endorsed
lpon the order. Ii was claimed bv the
district that because he presented the or
Ter TO the town for payment the plaintiff
hereby assented to take the town as his
lebtor, which amounted to DISCHARGE al
he district in that capacity. The court