Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1903-12-10
Orange County Court.
December Term, 1908.

The civil cases on the jury list reduced
| themselves to one in number, that OF
School District No. 2 in Orange VS.. Town
OF Orange In 1891, the plaintiff borrowed
$50 of Freeman Cunningham, giving him
an order therefor, and it was claimed that
this money was used in repairing the
schoolhouse in that district. As the
order was not paid, Mr.. Cunningham
brought a suit against both the town and
the district. and at the June term, 1902, a
non-suit was entered as to the town and
Mr.. Cunningham recovered the amount OF
the order against the district. The pres
ent suit was brought to compel the town
to paw back 10 the district the amount it
had to pay on the Cunningham judgment
and also the costs and attorney fees Of
| defending the suit. The order was out
| standing at the time the town system
took effect, and the plaintiff in this action
claimed that the amount OF the order con-
stituted an outstanding liability for re-
pairs, which the town should pay as re-
| uuired by statute. The defense was that
the money was not borrowed nor used for
| the repairs, and that the repairs had all
| been paid for at the time the town system
| took effect. The trial Of the case occupied
| Wednesday and Thursday, and a general
verdict was returned for the plaintiff for
the amount of the judgment, S44l6e and
SpeclAl verdict IOunu lne dluOuuls uue Oh
| other items. The court has not as yet
rendered judgment. and the case will no
doubt go to supreme court. E. w. Smith
and j. ID. Denison for plaintiff; II. NJ.
Harvey and Darling Darling for de-
PENDANT.
We reserve the report as to the DISPOSE
tion Of other criminal cases until the end
of the term.
CRIMINAL CASES.
In State VS.. Ethel Waters, an Indictment
under the t.blanket act" a demurrer was
filed to the indictment, on the ground that
ii alleged an Illicit intention on the part of
the respondent only but was silent as to
the intention of the other party. 1t was
argued that no offense was charged unless
the illicit intention was mutual. The
court over-ruled the demurrer, and passed
the case to the supreme court before final
judgment. States Attorney and NJ. NJ.
Wilson for state; Hale X. Darling and j.
ID. Denison for respondent.
In the cases Of State v. Henry M. White
(grand larceny, and State v. John Dom
my (grand larceny, j. X. Darling was
assigned to defend.
In State VS.. Almon Jones and Fred
White grand larceny, and State VS..
Ethel Waters adultery, Hale X. Darling
was assigned TO defend.
State vs.. Bert j. Fisher, elias Chas. r.
Durfee, was an information under the
blanket act, with Mrs. Waters as parti-
ceps. The trial was begun Saturday
morning. The states evidence showed
that Sheriff Sprague and two others broke
into the respondents house in Braintree
at 2 a. M, March 6, and there found the
parties in bed together. The respondents
defense is that ne was taken sick in the
night, and called his housekeeper, Mrs. /
Waters, for the purpose of having her get
him some wintergreen essence. and at his
request she sat down on the bed so as to
get him more medicine if needed; that 1
She lay down on the bed, partially dressed, /
and fell asleep, in which posture she was
found by the officers party. The defense
was nearly finished when court adjourned
noon. States Attorney and NJ.
NJ. Wilson for state; j. ID. Denison and .
Darling a Darling for respondent.
As soon as this case is ended, it is ex-
pected that State vs.. Ethel Waters, an
Information for adultery with Fisher, June
6, will be tried.
JUDGE POWELL TO THE BAR ASSOCIATION. I
At the meeting OF the Bar association 4
Dec. ] the following letter from Judge 4
Rowel to the secretary, dated at Mont
pelier, Nov. 30, was read ~
II salute, through you, the brethren Of
the Bar, and thank the Bar association for
its resolutions OF kind regard for me,
passed at the last term. i am proud of our
Bar, and highly gratitied that it maintains
the standard Of good lawyership so high.
] think it not excelled in this respect by
any Bar in the state. j indulge the hope
that this standard will be maintained
high enough fully to meet the constantly
increasing demands Of our advancing
civilization