Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1904-06-30
Windsor County Court.


| Central Vermont Railway Co.. to recover
for injuries sustained in an accident, came
up, Mr.. Writers for the defendant said two
important witnesses were absent and the
railway company could not possibly go TO
trial without them. Plaintiffs attorneys
strongly opposed any postponement OF the
case, having all their witnesses on hand
at considerable expense. The court al
| lowed a continuance on the basis of pay
ment by defendant of an attorney fee OF
| so and the taxable costs OF the plaintiff
for the present term. The terms were
| accepted and the case was continued.
| VIM. Batchelder, Charles Batchelder and
Frank Plumley for plaintiff; c. w. Wit
tiers and W. b. {. Stickney for defendant.
The civil calendar was concluded last
week and criminal cases are now being
tried. The following civil cases were
heard last week.
w. E. Chittenden VS.. Addie X. JENNIE.
This was an action OF general assumpsit
/ in which plaintiff sought TO recover on a
certain writing signed by defendant, in
which she assumed certain Indebtedness
of her husband. The defense raised the
point that plaintiff had not brought the
| right kind of suit on such a document.
The court sustained this point and di-
rected the jury to return verdict for de-
| PENDANT to recover her costs, which was
done. Sanford f. Emery for the plain
|
defendant.
Sanford W. Merrill VS.. Frank Wilson.
The plaintiff sought to recover damages
| for an assault and battery committed upon
him, as alleged by the defendant, Septem-
Der 21st last. The plaintiff related how he
went for a drive with defendant. The
parties had a little whiskey, and it hap
pened that plaintiff wanted to go home as
| he was getting anxious; defendant did
not want Sanford TO go, but wanted him
to have another drink which he positive
ly refused TO do. They had some words
and in some way or other got out of the
wagon and got into a clinch in which
plaintiff received injuries to the right
ankle. This was the injury he wanted
damages for. The defendant gave his
version of the affair and claimed that
plaintiff received his injury by getting out
OF the wagon while il was going and hav-
ing his ankle run over by one OF the
wheels. The jury got an idea il was about
seven OF one and half dozen OF the other,
so a verdict was returned for the plaintiff
to recover one cent damages and costs.
Sanford r. Emery and j. e. Jones for
plaintiff; j. c. Enright for defendant.
Anna Thomas VS.. Marcia Colston. This
was another case OF alleged assault and a
claim for damages on account thereof.
The plaintiff and defendant live at South
Woodstock, and the latter belonged TO a
social organization-the Ladies Social
circle Of South Woodstock. This aggre-
CATION of ladies and gentlemen had rooms
In the academy building at South Wood
stock ana met once a fortnight for "a
feast Of reason and flow OF soul" Mrs.
Thomas was not an active member OF the
circle, but as an occasional participant in
its festivities she had donated half doz-
en- salt shakes, with nice tops, purchased
especially for the use OF the circle. It
happened that in October last, owing to
some disagreement in the family OF the
social circle, some Of its members seeded.
Several OF them had donated articles for
the use OF the circle in serving refresh
ments. and some half dozen OF them
made a visit to the rooms to remove such
articles Mrs. Thomas thought she would
90 and get her salt shakes; for as she said,
II loaned them to the social circle, didn't
give them to the grange so Mrs.
Thomas went up the academy stairs with
several other ladies. On reaching the
pantry, Mrs. Thomas overhauled the sup
ply Of salt shakes-some eighteen in num-
ber-to see il her half dozen were among
them. While thus engaged she was rig
orously grabbed from behind, and found
herself in the clutches OF the defendant,
who, as plaintiff alleged, shook her severe
ly and twisted her arms, particularly IN
turing her right arm, which had ever
since been lame. She denied having any
of the salt shakes in her possession-she
was lust examining them ON the pantry
shelf In this she was corroborated by
some OF the ladies who were standing near
her at the time. Mrs. Colston then gave
her version OF the episode. She had the
day before been made Mrs. President OF
the L. a @. S. C. OF 5. W." she was also
the ianitor of the rooms and had charge OF
ali the property OF the circle. She hap
pened to be in house nearby the acade-
my when she saw the party enter that
building. so she followed them and
reached the pantry just as Mrs. Thomas
had the salt shakes in her arms about 70
remove and take and carry away said salt
shakes. So Mrs. Colston, TO prevent such
4 calamity. did Law hands on Mrs. Thomas
and told her she could not go away with
the shakes; that Mrs. Thomas dropped the
shakes and Mrs. Colston dropped Mrs.
Thomas. The result was identical with
the last case-seven OF one and nall doz-
en- of the other-and verdict OF one cent
damages and costs, This Is what an oin-
Ger Of the court calls "John the Baptist
verdict, for two reasons. A premium will
be given to the first correct guess as to the
reasons. Gilbert A. Davis for the plain
tiff. j. c. Enright for defendant, assisted
during the putting in OF the evidence by
w. b. c. Stickney. =,
VIM. A. Brady VS.. Guy Hunt and J. r..
Dickey, trustee. ms was MI aChioh " -
cover a doctors bill of sl27.9O. The plain
tin a physician now OF Manchester, \. H.,
was last year in practice at Hartland and
attended the sick wife OF the defendant for
about year. Mrs. Hunt died in lsO3, IN
the summer. The defendant denied La
bility upon the ground that his wife had
left him and was living with her father;
moreover the defendant swore he had no
titled DIR. Brady not to treat Mrs. Hunt at
his-the defendants-expense any longer.
The plaintiff denied receiving any such
notice. and claimed that the relation OF
Hunt and his wife were such that her eX-
nenses were properly payable by her hus-
hand. The fury so found and returned
verdict for the full amount OF the PLAIN
tiffis clam, with interest. }. Z. EDrlght
Tor nlaintiff; G.. A. Davis for defendant.
Fnoch w. Weatherbee vs.. Nelson Car,
lev. The parties live in Springfield, ana
in January last both attended an auction
az the Gilman Weatherbee farm. II was a
ysrv had. stormy day and when plaintin
arrived al the place he said he would not
ston unless he could find shelter for has
horse A place was found to hitcn the
aninal in the shed where there was Just
room for one more team. Plaintiff took
this one space, blanketed his horse ana
hitched il in the shelter of the shed.
plaintiff then went in TO the auction IN
the house. file was there about two ano
one-half hours and came out about I
lac An a q