The Barre daily times. (Barre, Vt.) 1897-1959, 1916-06-12
ORANGE COUNTY COURT.
Automobile Collision Case Is Now or
Tral--$i Damages in Assault Case.

bdAloSco III aSoebaN ~eS~'
Chelsea, June 1.-THE June term o
Orange county court convened Tuesday
June 9, with the following court officer
present. Zed s. Stanton OF Roxbury, pre-
siding Judge; Henry r. Hayward of Tun
bridge and William p. Stone of STAFFORD
assistant judges; Hale X. Darling, clerk
William I'll. Sprague, deputy clerk; AR,
A. Reed of Williamstown, sheriff; Franz
s, Williams, states attorney; Mildre'
Brooks of Montpelier reporter. Praye
was offered by Rev. John A. Lawrence
after which Sheriff Reed made the open
ing proclamation. The forenoon session
was devoted to the reading of the tria
calendars and the general docket, which
revealed the fact that / of the Is SCI
set for trial by jury would be tried al
this term and there will be 10 cases hearo
| by the court and there will be some Il
divorce cases heard and the number Of
cases to be tried on the criminal docket
| is yet to be determined after the CRANE
II jury has completed its deliberations.
The afternoon session of the opening
day was devoted to the calling of the
.,
been excused. Among the attorneys pres
ent at the opening of the court were the
|folowings R. M. Harvey of Montpelier,
r. A. Hoar, A. A. Sargent, E. i. Scott
~. w. Gordon and John N. Harvey OF
Barre, ID. S. Conant and F. s. Williams of
Bradford, r. w. Smith of Wells River,
Attorney General FL. G.. Barber of Brat
tleboro, Charles Batchelder Of Bethel, M.
M. Wilson, NJ L. Boyden and John s.
Sherburne of Randolph. George i. Stow
and S. c. Wilson of Chelsea,
Deputy Sheriffs Adams and Tracy of
Chelsea and Thomas G.. Dearborn Of
STAFFORD are assisting Sheriff Reed, Dep
uty Dearborn being the officer In charge
OF the grand jury. The grand jury were
called Wednesday afternoon and after
having received the oath and having been
charged by the court, George w. Flagg Of
Braintree was appointed foreman and
they retired to the grand jury room for
their deliberations.
The first case for trial was an action of
tort, wherein Peter Trombly, an elderly
man from the town of Topsham, sought
to recover damages from Fred Bagley
and George Fl. Hight of Topsham, deelar
ing that they assaulted him and falsely
arrested and imprisoned him. The evil
dence tended to show that the plaintiff
was a native of Canada and had been liv-
ing in the town Of Topsham for some 10
years, during which time the town had
rendered assistance to the family through
It's overseer of the poor. 1t appeared that
last October the said Peter took his four
year-old son and started for a soiourn in
The land of his birth and. arriving at the
canadian line. was denied admittance by
the government official and as a matter
Of consequence retraced his journey to
5he town of his adoption, reaching there
IN a Saturday evening, whereupon he
allied upon the overseer of the poor, who
1t that time was Fred Bagley, one of the
and who, acting upon the re
quest, went on the following morning and
occurred place for the plaintiffs son and |
ook him there and left him, informing !
he plaintiff where he was going TO take I
he son, which act on the part of the de-
endant, Bagley, as the overseer, was
cquiesced in BY the plaintiff
sThe evidence further showed that on
he afternoon of that day, the plaintiff
rent to see his son and took him back
oward his own home to the house of a
ear neighbor, which fact was immediate
/ reported to Oyerseer Bagley, who
tarted in pursuit, taking with him the
efendant, Hight. They went to the
ouse where the plaintiff and his son
ere and defendant Bagley stepped into
he kitchen, where the plaintiff was, and
rom this point the testimony was CON
letting as to what took place, the plain
i'll and several witnesses testifying that
here was an assault made upon the
laintiff by Bagley. The defendants evil
ence was to the effect that the plaintiff
ssaulted him and whatever re did in the
ay of taking him down and choking him
ntil he was "all in" was done in self
afense and his subsequent action as to
le arrest and confinement which fol-
wed was in line of both his duty as
'wn official and as a private citizen
aking an arrest as provided by statute.
S for defendant Hight, he claimed his
,tion and the part he played in the
anna was in conformity with the statu- !
'ry provisions for a private citizen to
axe an arrest.
The case was ably tried and went to
e jury at noon on Friday, who wrestled
it'll the problem until o'clock p. M,
hen they came in and rendered ver-
ct for the plaintiff to recover of de-
ndant Bsgley the sum of one dollar,
I'd found defendant Hight not liable for
e charges alleged against him in the
aintiff's declaration. Stanley G. Wilson
Chelsea and David s. Conant of Brad
I'd were the counsel for the plaintiff
ID the defendants were represented by
NJ. Harvey of Montpelier and John n.
aryeY of Barre.
A jury was empanelled in the second
Sc, which is also an action in tort. in
nich Carrie Silver of Fairlee seeks to
cover $1,000 from A. S. Armstrong of
losburg, the cause of action growing
t of an automobile accident which oc-
rred in the town of Hayerhill, n. H.,
the 18th day of last October, when,
e plaintiffs evidence tends to show,
e was riding in her automobile, driven
Arthur p. Bancroft, her son-in-lsw. of
irlee, along the state road aforesaid,
len. as they rounded curve, they saw
e defendants car approaching them
I'm the. opposite direction. The plain
claims her machine, Ford. was on
! extreme right hand side of the road
in strict accordance with the claw of
, road" while the defendants machine. .
. LIZ L.. IL -. \.