Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1905-12-14
Orange County Court,
December Term, 1905.

Der term TUESDAY, December D. hOu
John w. Rowell being presiding judge
and Hons. William Paul OF West Fairlee
ana Cyrus U. Lathrop OF Williamstown,
assistant judges; Hale X. Darling, clerk
William II. Sprague, sheriff; March NJ
Wilson OF Randolph, states attorney
Mrs. Emma Grout Mutt OF Montpelier,
reporter; Stephen B. Darling OF Nershire,
high bailiff.
After prayer by Rev. Lewis n. Moody,
pastor OF the local NJ. e. church, sheriff
Sprague formally proclaimed the opening
Of the county court and the court OF chan
Gerry.
ON call of the Jury calendar but four OF
the fifteen cases set appeared TO be Tor
trial. Entries directed IN criminal cases
disposed OF several without trial. State
" John +. Miller forgery was ordered
not to be brought forward. as were also
three indictments for forgery presented At
the June term, 1903, against Arthur w.
Luck, State V. Jerry sullivan larceny,
State Judson Fits QiquOr). state Y.
George Barrett selling liquor was mol
pressed because Of the death OF respond
ent and State =. Edwin and Mabel Lou
annis because OF inability to convict.
State v John Laid and Dan Ladd breach
of peace) was continued, the indictment
against Eugene Spicer having been mol
pressed. State v. Archie o. Montague
liquor) was continued.
10 State V. Fred Lewis trapel the re-
spondent having run away his bonds
were called and forfeited and his BAIL
Horace n. Whitney Of Northtield, moved
to CHANGER, r. NJ. Harvey, appearing as
attorney The motion to CHANGER was
oyerrulcd and judgment rendered against
bail for $500 " thout costs. In the COM
panion case Of State v. Fred Lewis lat
tempt to commit rapel the bonds were
also called and forfeited and the motion
to CHANGER was granted, bonds being re-
duced from 500 to 81 aud judgment
rendered against same bail for that sum
without cost.
Ernest Deering pleaded not guilty to an
information charging him with burning
the dwelling house and harm OF Hiram
Hanks m South Randolph Aug. 18th last.
.ie was found not guilty because Of iusan-
ity and committed to the state hospital for
insane at Waterbury.
Miss Sarah Dearborn, a West Fairlee
who had sold goods TO the folks
in STAFFORD during the first fortnight in
October was informed against under the
vendor act and having pleaded
guilty was fined s. without costs, the
court remarking that it did not seem
very heinous ofiense TO sell ribbons to the
women OF a neighboring town.
On calling the jurors summoned to at
tend Tuesday afternoon, but twenty eight
out OF the thirty four answered to their
names, five having been excused end one
neglecting TO come. Boyd ii Wilson OF
Bradford, the defaulting juryman, was
brought into court Thursday morning on
4 warrant and fined 60, the accompanying
costs swelling the penalty TO 1885, The
court remarked that il he had asked to be
excused IN the beginning he would prob
ably have been, as his reason was a good
)ne. He was then excused for the term.
The first case tried was William Boyce Y.
Edward Waters, apt, an action of trespass
.or assault and battery occurring in the
highway at East Braintree Oct. IL, 1903,
he defence being self defence. This case
consumed most of Wednesday, the Jury
their verdict Just after adjourn
nent that defendant was guilty and ought
o pay plaintiff S3.17 and costs, which was
ess than S1.06 apiece for the three blows
delivered j. ID. Denison for plaintiff; r.. |
VI. Harvey for defendant.
The second trial was Photo Fabric CO. v. |
Jharles p. Dimick, an action on the case
or alleged deceit and fraud in the sale OF
plant TO the Photo Fabric Co. of /
america through defendant as agent, who,
I was claimed, had kept $500 Of the $500
which be received in the sale of the prop
'rty, March 10, 1905. The defence was a
,eneral denial After less than one hours
the jury rendered a verdict
or plaintiff 10 recover ESQ and its costs.
i. Howe Of st. johnsbury and John B. 4
'eckett for plaintiff; David 5. Conant and I
r. NJ, Harvey for the defendant.
Both these trials were interesting and
he issues simple. The assault case was
RED one year ago and ended in a disagree
nent OF the jury. II appeared that as the |
llaintin and his son, Clarence, were riding I
"a trucks along the road leading from
Cast Braintree TO West Brookheld, the de-
endant, then working in the crotch Of the
Bear Hill road at their right, called on
llalntih to stop and talk with him about a
'Ow which defendant was keeping on
ilaintihs farm, where defendant lived 4
md came up on the of side Of the wagon
rear plaintiff, sitting on the reaches 1
letting INTO controversy, the defendant. I
IS plaintiffs testimony showed. sought to I
Emphasize his argument and struck plain /
lh three blows in quick succession. De-
endant, with two witnesses to corrobo-
ate him, claimed that plaintiff struck the /
irst blow. The jury seemed to find no ex- I
mpary damages.
The Photo Fabric company vass Maine I
corporation organized m 1906, a picture
making concern with place Of business I
I Lyndonville, Vt. The Norris brothers /
ocated there, and defendant. who was
ocal photographer OF Bradford, com
tituted the company and the Norris 4
lrothers held nearly all the stock, though .
defendant was president and practical 4
manager, as he was an educated photog- 4
apher lie was sent to represent the I
omplny at the st. Louis fair and re-
NAMED there till August acting as presi I
ent But the Norrises seeing that only
eots were accommodating, wrote dc PENDANT
nat they should fOregO their salary and
would expect him to do the same. on
has he resigned and coming home soon
tier Nards he met the others and they qIl
greed TO wind up the business ana sell
ne manufacturing plant, each to en-
e8NoE TO IND customer, as they had
ogether become bound for the debts
he Norrises wanted to get $500. but
etendant told them be could get 1000
M no more from the Photo Fabric "a
1 America, new company lust orpan-
ied under he Massachusetts laws. Ri
ally, on Mar. is, 1893, at Lvndonyille.
ne trade was completed through defen-
ant passing to the Morrises a cashiers
neck OF the WuOdsyile Savings PAM
or tl09 and defendant for the new COM
any directly took over the properfv
aying previously become a stock holder
M director. Two other directors ~ tha
massachusetts, company testified that de-
,noahl told them he paid $500 for the
iant ana he had never accounted Tor
ngihlng nor did he present any account
6 had against the new company al the