Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1904-12-29
Windsor County Court.
peesmber Term, 1904.


State cases came to a halt last week and
the civil docket was resumed with the case
OF Israel Balch VS.. Benz. f. Whelden,
which is now on trial. The plalntin Is
represented by Stickney, Sargent * Skeels
and w. B. Z. Stickney; the defendant by
Frank A. Walker of Ludlow and Messrs:
VI. ID. RYDER and Charles III. Williams OF
Bellows Falls. The action is TO recover
damages for alleged malicious prosecution.
In 1902, the present defendant, Whelden,
was plaintiff in two suits against Balch-
the two involving sl3, 00-which Whelden
in those suits sought to recover from
Baleh, all of whose property was put
under attachments, and whose credit was
impaired thereby. Balch claimed Il was
great loss to him financially TO be thus
sued The cases were heard by Jonathan
Ross as referee and auditor; he made full
examination Of the mutual accounts OF the
men, who had been associated together IN
business deals, Balch getting out and
shipping pulp wood and Nhelden hnding
the necessary funds therefor. Judge Ross
reported that he found nothing due to the
plaintiff, Whelden, in those cases, but on
the contrary found he was in Balch's debt
some twenty odd dollars. So judgment
was entered in the cases for Balch TO re.
cover his costs. Then Balch brings this
action against Whelden to be made good
for his loss in time and money in defend
ing the two suits, which the result showed
were not iustifiable. The amount claimed
by the plaintiff is 5000.
Two State cases were also tried last
week
state vs.. Jack Mcdonald. Respondent,
who lives at Plymouth, was charged with
making an assault upon Emma, wife OF
George Merrill OF Plymouth, with intent
to commit rape. She testified she ana
l.. Lii -ks.W. arfaN NJ
hour or so: then he asked Tor some soda
and vinegar in water, as he felt a little
sick She was crocheting, and took her
work into the pantry, setting II ON the
shelf while she mixed the drink for Jack,
who, as she claimed, put his arm around
her waist. She got away from him ana
got into the kitchen, taking her crochet
work with her in her hand. She went and
sat on the front doorstep; Jack sat on the
washing machine, a little way of. This
was about all there was OF her story
When the state rested, the counsel for re-
spOndent asked the court to direct YER
dict Of not guilty, which was done, and
the respondent WAS discharged.
State vs.. Mike Vital. This was prose-
cution for an assault with intent TO Kill
and murder one Clarence Woodward, the
respondent being armed with dangerous
weapon, to wit, an old bread knife, or part
OF one. The affair happened July Sd last
in the Curtis Hollow neighbOrhood, So
called, in Woodstock, near the Bridge
water line. Both the parties worked in
the wooden mill at Bridgewater, and they
had had some words before the ARRAY in
question. That afternoon-July ID
Woodward was outside the house OF one
Dave Newton; Mike came out Of the house
and told Clarence to get away and go
tight home; Clarence allowed he'd 40
when he got good and ready; whereupon
Mike rushed into the house, and Clar-
ence started down the road. Mike
emerged at once from the house with a
big bread knife, broke the blade and mHde
weapon about six inches OF blade; he ran
after Clarence and, catching up with him,
era bbed him by the chin with the left
hand, and with the knife in his right
hand, slashed Woodward down the lower
lip, laying il bare to the bone.
The story told by respondent was that
while he was outside the Newton house,
Newton and uife and Woodward all
pitched onto ahim-M ike-and got him
down on the ground that he had his
tobacco knife in his hand at the time, as
he was Just going TO cut up some tobacco
to smoke; that he used his knife in proper
self-deience. He denied getting or having
the bread knife at all, and insisted that
his attack on Woodward was necessary to
save himself from grievous bodily harm.
The jury found Mike guilty OF assault
with intent to kill. His case goes to the
supreme court on exceptions. States At
torney Batchelder prosecuted, and Sargent
and Skeels, Of the firm OF Stickney, Sar-
gent q Skeels, defended in both cases.
In State VS.. "Chinuie" Sawyer, convicted
OF shooting his neighbours sheep, the court
imposed fine of 300 without costs. The
sentence was at once complied with, and
the fine paid.
At this writing there remain two civil
cases and four or five state cases still to be
tried. Final adjournment will come prob |
a bly, about the 18th or 14th OF January.