Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1903-09-25
SEPTEMBER TERM CLOSES
COUNTY COURT ADJoURNS At
NEWFANE WITHOUT DATE.

Thomas Walsh Not Guilty Of Assault
Other Business ransacted-Divorces
Granted-Decrees Of Foreeiosure-
End Of 22.Days Session.
State VS.. Thomas Walsh. This was
an information filed against the re-
spondent by States Attorney Schwenk
for breach of the peace. The case was
tried by jury Friday. The testimony on
the part of the state tended to show
that on the 18th day of April last Will
liam O'Brien and his son, William
O'Brien, Jr., left their home in the early
morning for their work at Bellows
Falls about two miles away. In passing
the house of their next neighbor,
Thomas Walsh, the respondent, the lat
ter rushed upon them striking William
O'Brien in the eye with stone which
he, Walsh, held in his hand. William
O'Brien, jr., then stepped in front of
| Walsh and asked him what he meant
! by such conduct. Walsh then signaled
to his three sons. who were in the
woodshed near the house. and all four
then proceeded to give the O'Briens a
thrashing. OBrien, jr.,' got past the
Walsh faction towards Bellows Falls
and OBrien, ST., went back to his house
for gun for the purpose, as he stated,
of making a clearing in the ranks Of
the enemy. He returned with the gun,
which the evidence of the state tended
to show was not loaded. The Walshs
again attacked him, also his son who
had returned for his dinner pail and
hat, took the gun away from him and
the respondent then beat the O'Briens
over the head with it, breaking the
barrel from the stock in the operation,
and severely bruising and wounding
both the old man and the son.
The testimony on the part of the re-
spondent tended to show that the
OBrien and Walsh families had had
trouble for some time relative to a dis
puted water right, and that several
scrimmages had occurred between
them. On this occasion Thomas Walsh
started from his house about $50 a, m.
for his quarry near by to fire up the
boiler and found the O'Briens in the
highway laying for him. They made an
attack upon him by throwing stones at
him, driving him into the house. In a
few minutes he started out again and
the elder OBren, who had meantime
gone after his rifle, fired the same at
him. the bullet passing by him but
lodging in the door casing of his house.
He then went for the O'Briens taking
the rifle away from them and using the
same as a weapon in self defense by
striking them several times with the
butt of the gun, finally breaking it into
two parts. His sons, who were in the
house, heard the report of the gun and
rushed out to the scene of conflict, but
took no part in it as their father had
already won the battle. The case went
to the jury about 4:30 Friday afternoon
and few minutes later verdict of
not guilty was returned. Schwenk,
states attorney, conducted the prose-
cution: c. H. Williams and c. c. Fits
for the defense
This case concluded the jury busi-
ness of the term and the jurors were
discharged.
Aside from the cases already report
ed, the following court business was
transacted during the term Owen c.
Chase, apt VS.. Frank c. Center, judg-
ment for plaintiff for s27.4O; Wachu-
setts National bank VS.. H. e. Kidder,
jr., and trustee, judgment for plaintiff;
Alonzo P. Clough VS.. Elmer D. Powers
and P. H. Potter apis, judgment for
plaintiff; Edgar S. Randall VS.. George
apt, judgment for defendant to
recover his costs; S. Esther Mann, apt,
VS.. Mrs. H. H. Graves and
H H. Graves, referred to c.
H. Williams; Burt Chellis VS.. L. F.
White and George T. Buchanan,
judgment for def. on report of ref
cree; Moses Miller VS.. Herbert E. Cox,
Judgment for plaintiff for s407.66, Lea
man White and George T. Buchanan
rs. George NJ. Cory, judgment for plain
Tiff on report of referee; Joseph G.
Martin VS.. Eli J. Hawley, referred to
Joel C. Baker; Ernest L. George VS..
George E. C. Wheaton, referred to
Clarke C. Fits; Nal Bemis VS.. George
B. Albee, apt, referred to Charles F.
Chase; Valley Grain Co., apt, VS.. John
Barrett and trustee, judgment for
plaintiff against principal def, F. A.
3owles. commissioner; Allen Roswell
Shelter VS.. Sanders and Tasker, judg-
nent for plaintiff; H. G.. Barber VS..
Arthur ]. Belden. judgment for plain
iff by default; Burt. Chellis VS.. Fred
, Nutting and trustees, judgment for
plaintiff against principal defendant,
:. H. Williams. commissioner; Nettie
Modify order as to alimony denied; John
3. Manley VS.. American Express Co.,
Judgment for plaintiff for one cent dam
ges and costs; Martin E. johnson
s. Martha NJ. Johnson, decree and or
er for alimony suspended until further
rider of court; Jessie l.. Williams VS..
essie Williams and trustee referred to
|. E. Cudworth; Elizabeth NJ Guild,
XXX, apt, VS.. George S. Dowley's es-
ate, defendants demurrer sustained.
declaration adjudged insufficient. Ex-
options by apt; Hattie Alice Rand
lit Wilson VS.. Otis Smith and Hugh
Iorrison, judgment for plaintiff; YER
1ont Valley r. r. VS.. Harriet A. Wes-
on. apt, H. A. Harmon. Rutland,
harles H. Markham, Pomfret. John H.
terrified, Newfane, commissioners;
-ermont Valley R. R. VS.. Mary Church,
t ais, apis, H. A. Harman, Charles H.
Iaxham, John H. Merrifield, commits
ioners Clarke C. Fits VS.. F. j. Bailey
nd trustee, judgment for plaintiff as
er stipulation, ]. II. Merrifeld, COM
lissioner, as to trustee; John F. Alex
nder. Jr., admir-, VS.. Town of Rocking
am, apt, judgment for plaintiff on
eport of referee; Martha NJ. Johnson
5. Martin E. Johnson. petition dis
lissed without costs.
The following divorces were granted
lring the term: Leola A. Hawkins
ON John F. Hawkins, for intolerable
,verity; Vernon C. Manley VS.. Ellen
Manley, for intolerable severity;