Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1904-06-16
Windsor County Court.
June Term, 1904.

The June term was commenced on tn
nth inst. Judge Henry K. Start presiding
Rev, Mr.. Putnam offered prayer and Sher
liz Lowell proclaimed the term open 10
business.
The jury calendar was first called anC
disclosed some fifteen cases for trial b.
furv out OF the 81 assigned. Then the ba
docket was called and such cases as werl
not for hearing entered continued.
This used up the forenoon session OF thi
first day.
The afternoon session began with tbs
empauelling OF the grand jury, which wal
duly sworn and charged by the presiding
Judge. Don c. Pollard of Cavendish wa,
appointed foreman Of the grand jury
The session Of the body was OF very shori
duration; a report was made on Thursday
Of two bills, which was the sum total OF
its investigation. The body was then
discharged for the term.
After the empanelling OF the grand jury,
the petit jurors were called and sworn a.
lows:-Andover, Henry F. Virgins;
Baltimore. Guy "A. Bridges; Barnard
Frank L. Townsend; Bethel, w. {. La
Rock. NJ. NJ Whipple; Bridgewater, Tai
mage Bassett; Cavendish, Ira n. Peck
Chester. Edward 5. Dodge, l.. Allen Car
penter; Hartford, Samuel Clark, Trumbutl
Hunt; Hartland, +. H. Perkins; Ludlow,
Norwich, Edwin @. Lord; Plymouth,
Charles II. Scott; Pomfret, Henry NJ.
Harding; Reading, Bert K. Wilkins;
Rochester, Hiram W. Campbell, Jerry II.
Howard; Royalton. Fred A. Roundy
Sharon, g. A. Chillson; Springfield, VIII
liam E. Dunn, Jay W. Jordan; Stock
bridge, Ryland +. Wilson; Weathersfield,
Inland II. Hicks; Weston, Frank e.
stoodley; West Windsor, Fred c. Richi
Windsor, Cyrus r. Bagley; Woodstock,
William Davis.
No case was ready the first day but on
Wednesday the case OF Vim. II. Corey Us.
Clarence w. Davis was called and a jury
empanelled. The action was one to re-
cover for services rendered as veterinary
surgeon In attendance upon a sick horse
belonging TO the defendant. The plain
tiff, veterinary surgeon Of large practice,
located at Woodstock, was called by tele-
phone one evening in November, 1902, to
come TO Royalton Immediately TO see de-
fendant's horse. which had for several
weeks been suffering from wound in one
OF its hoCfs, the result Of nail puncture.
The plaintiff attended to the horse and
treated IL and on leaving the defendants
premises announced the intention OF COM
ing again the next day unless defendant
telepnoned not to come. DR., Corey, not
hearing from Mr. Davis, went again the
next day TO care for the horse, lancing the
hoof To let out pus that had formed ia the
wound The day after this second trip to
see the horse il died. The plaintiff had
received payment for the first visit and
sent 10 the defendant a bin for Is for him.
self and team for the second visit. This
the defendant declined 10 pay. He de-
MED any such arrangement as plaintiff
testified to and said the latter was not to
come again unless requested, and that no
such request was made. Moreover, ID was
urged that the visit had been Of no avail TO
the defendant or his horse, which had
died. In rebuttal it was urged that the
plaintiff was not an insurer OF the horse
and was entitled TO his pay for his sery-
ices. The jury so decided and found for
he plaintiff in the sum Of eight dollars
ind costs. Charles Batchelder and father
.or the plaintiff; j. c. Enright and +. r.
Buck for defendant.
E. Ii. Bagley, by A. q. Cox, trustee in
insolvency, VS.. George II. Fuller. This
vas White River Junction case and in il
he plaintiff, trustee OF the insolyent
state OF f. II. Bagley, sought to recover
he sum of s225 from the defendant, il
icing bill for certain drain tile and
,ther goods alleged to have been supplied
o the defendant by +. II. Bagley IN the
and hardware business at the
Junction. The defendant did not deny
he purchase, but claimed be obtained the |
arload OF tile by and through J.. p. Bag
ey, son OF K. II. Bagley. The defendant, |
contractor, had performed services for /
!. p. Bagley in and about the foundation 1
4 his house; he had not paid defendant |
or this work and, as defendant claimed, |
rdered carload of tile to apply as part |
ayment. Hence the defendant declared |
e was not indebted to r. II. Bagley or /
rs estate. 1t further appeared in the case
hat at about the time OF the purchase by 1
the business of +. II. Bagley /
fas being carried on by certain trustees to /
rhom Bagley had conveyed all his prop
rty. The jury found that the tile in |
uestion was purchased by the trustees OF I
!. H. Bagley and by them sold to the de-
sndant; under the instructions OF the .
curt, II the jury so found, a verdict was
D be returned for the defendant, which
as done. ]. c. Enright and E. K. Buck
Dr. the plaintiff, who also appeared per
e; VIM. Batchelder and son for the de-
sndant.
Elliott G.. White, trnstee, VS.. Sanford f.
.mery. This was also a case under the
law. 1t was an action Of
rover to recover for certain personal |
roperty belonging to one Charles Rice Of
ayendish and SOLD by the defendant
nder direction of Rice to satisfy the
laims OF the creditors of the latter. II
pptaIeu lndt last spring hlee was IN
naneial straits and an arrangement was
lade whereby a sale was to be made of all
is personal property at auction under the
ERECTION of his attorney, the defendant
merry. All the outstanding debts were
CURED up by Rice and his attorney Emery
nd Judge NJ. S. Buck, attorney for cred
ors. One of these was Merritt Amsden,
nd his claim was figured at $50, the
mount stated to Emery by Judge Buck,
was estimated that there was property
nough to pay all the debts, and sale was
lade by auction as arranged. After the
ale, Emery went to Judge Buck with $50