Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1904-06-23
Windsor County Court.
June Term. 1904.

The civil docket will probably be con-
c1nded nv the end OF the present week,
and the criminal cases be reached ABOUT
Monday or Tuesday, the 9th or 2stn INST
/ There are only few state cases Tor tflal,
as the respondents are mostly pleading
"guilty.n Court cases will no doubt be
/ reached about the 1st Of July, ana maj
adjournment may be looked for week OF
The following civil cases have been
4 tried:-
Allen F. Carlisle rs. Ernest Martin:
/ This was what is known as an action OF
cum con-; the gist of it is the seduction
/ and debauchery OF a married woman.
/ The plaintiff was married in July, lsos, 70
Clara A. Davis OF Plymouth. The eYi-
ldence on the part of the plaintiff tended
/ to show that apart from ordinary family
/ lars the relations of himself and wife were
/ pleasant and happy until the appearance
i of the defendant, a cousin of the plalntl1.
/ The plaintiff and wife have had three chil-
/ dren; two are now living. About three
/ years ago plaintiff took defendant home
/ with him to make q call; then the calls
/ became frequent and plaintiff observed
/ friendly relations between his wife and
defendant, but did not for moment sus-
1 pect anything of criminal nature. Then
/ he realized that his wife was growing
icool towards him, and about year ago
she took the children and left him. since
! then and while his wife has been living
apart from the plaintiff, she has frequently
| been visited by the defendant and taken
for ride. On one occasion while living
with the plaintiff, his wife was taken to
the county fair, and frequently taken for
a ride in his wagon. The defendant de-
MED any criminal conduct and insisted
his interest in Mrs. Carlisle was only OF a
friendly nature. As to the county fair
episode he said he was requested by Car
Isle TO take his wife to the fair, but this
the latter denied. Defendant said his
visits were as much 10 the plaintiff as to
his wife, but admitted that since the sep
aration the visits mad been to the wife ex-
clusively. Defendant had made Mrs.
Carlisle a present of gold watch; this he
said was for services in doing mending,
etc. The jury found the defendant guilty
as charged and gave plaintiff verdict Of
ESQ. 5. G. Emery and Joseph {. Jones
for plaintiff; Stickney, Sargent and Skeels
for defendant.
The Stone Construction company vs.. the
Ottaquechee Wooden company. This was
an action of assumpsit to recover about
200 claimed to be due the plaintiff for SER
vice as rendered by Arthur w. Stone, its
president, as engineer experimenting the
construction of a dam for the defendant
across the Ottaquechee; for building a re-
tanning wall for a coal pocket; for use Of
tools used in and about the work and for
making surveys and plans for new mill.
Ia regard to the last named item, the de-
teHdant denied ordering any survey or
plan, and claimed that there WAS only
some talk with Mr.. Stone about the possi-
bitity OF erecting another mill, and that he
volunteered to do the preliminary work
without charge. No question was made
but that dam was erected under Mr..
stones supervision for which some
amount was due, but the plaintiff charged
u one item 300 for extra work, claiming
that while the dam was being constructed
changes were made in its general design
which necessitated more than double the
amount OF material and time required in
its building. This was denied by the de-
PENDANT, which did admit some small
changes called for. Ii was claimed by de-
PENDANT that ii was not liable TO the plain
tiff company, but il liable at all il was to
Mr.. Stone as an individual. Moreover it
was claimed by the defendant that Mr..
Stone agreed TO complete the work in six
weeks, whereas, in fact, il occupied three
months, defendant claiming to have been
damaged by lessened production OF cloth
at its mill by reason OF the delay. So that
defendant claimed to reeoup this alleged
loss against the claim OF the plaintiff. The
case went TO the jury on Saturday and aft
er a short absence verdict was returned
for plaintiff in the sum OF s722Sl, the full
amount OF plaintiffs claim with interest.
VIM. Batchelder and Charles Batchelder
appeared for the plaintiff; Gilbert A. Davis
and Roland r. Stevens for the defendant.
On Monday afternoon, pursuant to
special assignment, the case of Frank +.
Russ vs.. Central Vermont Ry. was taken
up; an action by plaintiff, who had been
employed by defendant company as a To-
connective engineer, to recover for injuries
roo I'D in q arII nj Mort bHa1A
State cases as under have been disposed
of by plea OF guilty in each case
State VS.. Myron Sherwin. The respond
ent, youth of eighteen, stole a diamond
ring from Miss Ada Bennett OF Spring.
field on the sd ult. He was sentenced TO
the house OF correction for not less than
two nor more than two and half years
sentence stayed and respondent put on
probation.
State VS.. Ernest Philbrick This young
man pleaded guilty to stealing horse and
buggy wagon, valued at $50, the property
of Liveryman Angus McCauley Of Wilder.
The respondent hired the rig to go to
Hanover, but did not return the next day
and was pursued and arrested in New
Hampshire. He had sold the rig for s35.
The respondents case was given TO the
probation officer to investigate and report.
State VS.. John Devine. Larceny OF s5l
from his employer, Sumner /. Lul OF
Windsor. Respondent was arrested in
New York state. He was sentenced to
not less than two years nor more than two
and a half years at hard labor in states
prison.
State VS.. Fred A. Healey. Larceny of
watch and chain worth IS at Windsor in
May last He was sentenced to not less
than Is months nor more than 20 months
in states prison.
State VS.. Charles Laundry. The re-
spondent belongs to the "habitual crimi-
nall class, having served in New Hamp-
shire and Vermont state prisons. He
pleaded guilty to a charge of burglary,
breaking into the house OF Eugene Clifford
at Windsor in September, 1908. He was
sentenced to not less than seven nor more
than ten years in states prison.
WEST FkIRLEE.