Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1903-06-11

Stephen Hoar, Barnard.
! A. j. Mcintosh, Bethel.
Nelson Dimick, Bridgewater.
Il. III. Atherton, Cavendish.
Atwood Sargent, Chester.
Geo. E.. Tarble, Hartland.
Elisha w. johnson, Ludlow.
Samuel Hutchinson, Norwich.
James s. Brown, Plymouth.
James Walker, Rochester.
John b. Durkee, Royalton.
George ID. Smith, Sharon.
Allen l.. Slade, Springfield.
Luther p. Warren, Weathersield.
Jay Wilkinson, Weston.
VIM. II. II. Ralph, West Windsor.
Seymour 5. Ashley, Windsor.
Mason W.. Laid, Woodstock.
PETIT JURORS.
Rosel L. Cotton, Barnard.
Nelson Bowen, Bethel.
Seth 5. Bassett, Bridgewater.
James Green, Cavendish.
George A. Boynton, Joseph w. Crandall,
Chester.
Levi A. Pettigrew, Ludlow.
r. Appleton Tilden, Norwich.
Walter +. Perkins, Pomfret.
Allen Wells, Reading.
Elroy {. Babcock, Henry Q. Kidder,
Rochester,
H. c. Benson, John F. Shepard, Royal
ton.
@NaAAAAA a AANNAAH NNhNA9Ma
VIM. f. Cobb, Springfield.
VIM. Flint, Stockbridge.
VIM. p; Covell, Herbert L. Grout,
Weathersield.
Ray Mcbride, West Windsor.
Willard w. Weeden, Windsor.
OF the former, Messrs. No IntoshofBethel,
Johnson OF Ludlow and Smith Of Sharon
were excused, and the following gentle
men were called as talismen Charles II.
English, Lewis S%paulding and A.. +.
Moore. The court appointed James S.
Brown as foreman.
OF the petit jurors, 30 were called. and
nine were excused by the assistant judges,
leaving twenty-one to respond, and that
number was in attendance.
The cases on the first days assignment
having been disposed OF without trial, no
case was called until Wednesday when a
jury was empanelled in Sumner Lull vs..
Peter +. Jarvis. This was a horse case, and
was brought to recover the sun of fifty
dollars balance due on the purchase price
OF a horse for s75. The plaintiff is a farmer
living near Windsor village. where defend
ant has a meat market. No controversy
was made over the sale or the price to be
paid, but defendant claimed the animal
was not as represented. According to the
defendants version,the plaintiff warrant
ed the horse not to be balky, to stand
without hitching and &c be good for long
trips of 20 miles hitched double in a heavy
meat wagon. Defendant ella aimed the horse
was ba~lky would not stand unhitched and
was not good for long trips. Jarvis
sent the horse back but LuIl
would not accept him and he was
sold By Jarvis for $40. Witnesses
were called who swore to the bad qualities
Of the animal IN the respects named, and
on the other side 10 testify to his good
qualities. The plaintiff denied any war
ranty and said he would be fool to war
rant all that in a horse sold for S75. The
jury thought So too, and gave plaintiff a
verdict for the amount of his claim, $50,
interest. J. {. Enright and r. r..
Buck for the plaintiff, G.. A. Davis for the J
defendant. !
Ernest Slack w Simon Jacobs. This ,
also was a horse case, the parties being {
reversed, for the plaintiff was the pur-
'haser of the animal, and sued foT the
-eturn OF the purchase price-to return :
In June, 1898, the plaintiff attended I
Ine OF Johnson's auctions at West :
Plaintiff wanted to buy a :,
horse il he could get one right as to :
price. He had been all day at the sale :
which was about closing when Jacobs then J
merchant in Wilder, drove up with a pair /
If bays fairly well matched, which he de- !
tired to dispose of separately. The first '
vas knocked down 90 Mr.. A. c. KILLING
or s125; when the second was put up
he price had reached $3.50. Plaintiff
vent TO see the horse and inquired 5
I he was sound and all right which
vas answered in the affirmative by {
Jacobs, who said, according to the :
lain of the plaintiff, II warrant the horse
Ill right in all respects Slack bought I
and took him home, and in a day or
saw he was lame. He took the horse a
% Wilder and left him hitched in front
If plaintiffs premises. On his way home 1
met Jacobs and demanded the re-
urn of his money which was refused.
The horse was consequently sold TO pay for '
lis keeping by Angus McAuley Of Wilder,
md this action was brought to recover I
he purchase price. d
Pending the trial the usual recess was
AIKEN at noon on Saturday and on Monday 5
afternoon the trial was resumed. I
The defendant denied any warranty and
he told Slack he could have the horse or \
lis money, that il he took the horse il was !
. be taken "just as he stands and that :
did so take him. As in the first :
,ase, the horse was sworn up and down by
he witnesses of the respective parties.