Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1903-06-18
Orange County cour,
June Term. 1903.

MONDAY afternoon OF last wal
the trial OF William Wiltshire ~ "a eegsa
crosby, apt, an act OF trespass ~ ,,ssllefies
IN which the plaintiff claimed ~. 'ue cas-,
his steers had been badly btten sae ot
PENDANTS dog and bruised by Soy De-
fendant threw and cut and serss SIss O.
barbed wire while being driven bv 49, ~ y
ant out OF ms tillage land. mo ~, .so'
plalnllns steers and his COW had o aa
through plaintiffs fence on Sept. IL ,a1s
Inc defendant denied that his dog go -
or DIT the steer, that the steer came n s-s'sa
tact with the wire fence at all and r., 2
hit the steer with a stone my. slal b
were neighboring farmers on VIA paJltls
West Fairlee, who have been n ~. all
about division fences for twebfv 0oalesi
Judge Munson gave a short an VAR
charge to the jury at two O'Clock Wa Ia
day afternoon and within two bour, ss.ss
wards was returned verdict Of gnil,. 'si,
the trespass alleged, plaintiff 10 reeors, y, y
damages and his costs. David s Co.
and X. NJ. Harvey for plaintiff. Ds,slllI
and Darling for defendant. bia,-at..s
counsel Immediately moved for csr,ts.ss
execution and the defendant conn., IS, 4,
an arrest OF Judgment. ~
The next cause was Herbert Bar,s,,
w. w. Tyler and Charles A. Cha6Vict y
action OF assumpsit on promissorv = -. =
dated Dec. 2, 1901, and given FOR I'D ~ NJ
balance due for pair OF horses and w
nesses that day bought OF Charles Hon..
OF Randolph. The note was trans,s,,-s
to Herbert Barrett OF Bethel after h w
due and therefore subject 10 all tbs Il
fences II would have been il Charles nj
man had sued upon IL. Defendants elsm.
ed want OF consideration and that Hoi.i
man had warranted the horses good 49,
true and Mt for the work OF numbering !
which Defendant Tyler was engaged "a,
ing winters. Mr.. Tyler occupied the n.
ernoon in detailing the qualities sDs ~
complishments OF those horses. Ops =,
sick at short Intervals and weak alu,r
and inclined to balk when be asked NJ,
10 draw fair load; the other was ususis
kicking, both when in the stall and w.
attached 10 load. The feeble horse ~.
finally sold by Tyler for ten d0l,r
Thursday forenoon the court suggssss
that defendants counsel make comus,s
offer OF what they expected TO show, su3
on the offer being made Judge Munson q.
rected verdict for plaintiff 10 recover h.
full amount OF the note IN suit hols.ng
under the authority OF Hoyt vs.. McNar
IS VT, p. IS, that plaintiff not being 4
original party 10 the note, defendants
could not interpose the defense Of uSra
failure OF consideration under The pla Z
general issue and notice OF special nstfe
The case goes 10 supreme court on deisst
ants exceptions. ST. NJ. Wilson ana I
NJ. Harvey FOR plaintiff, \. L. Boydsn "a
Darling and Darling for defendants
The next casa was II. r. kimhau II
Dominick Costa, an action Of troyer 20 +
cover the value Of a pair Of horses. who's
agreed value was 800, on which painis
claimed a lien by virtue OF note and co.
ditional contract duly recorded. Defend.
ant claimed that the note did not Indian
any amount due the plaintiff, as i read 4
promise 10 pay r. 4. Kimhall dollar
but the court held that the marginal e.
ures OF s3S5 should be construed a. part
the promise 10 pay and directed { verde
for plaintiff 10 recover sos and bis costa
The defendant excepted and the case El
20 to supreme court. +. w. Smith tx
plaintiff, Messrs. Farnham and May Of 5
Johnsbury for defendant.
This finished the list OF civil cases n
trial and criminal cases have been sei "a
this week, beginning with the trial &
Fred Hartman OF Orange for disturbing
religious meeting In Orange Center meet
ing house. Friday q demurrer 10 the as
OF State vs.. Bert {. Fisher, an indictmsa
under the hlan ket act, was argued and ih
demurrer overruled. Albert p. Brow
was granted a divorce from LIME y
Brown for adultery, Darling and Dsrlal
appearing for the netitiouer