Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1921-10-12
ORLEANS COUNTY COURT
Erastus Dutton Gets $4OO for Wife's
Affections.

jury after nine-hour dellberatlOn
in his action against Will 0. Bishop
which was on trial in Orleans county
court last week. The case was one
where the plaintiff Dutton brought
suit to recover damages from Bishop
for the alienation for his wife's af-
fections. The case came up for trial
Wednesday afternoon continuing
through the balance of the week. The
jury took the case Saturday noon,
returning with their verdict about 9
o'clock, Saturday evening. The prin-
cipal witnesses in the trial were the
plaintiff Dutton and defendant Bishop,
also Mrs. Dutton.
It appeared in the outlining of the
case by Judge E. J. Smith that Dut-
ton brought suit against Bishop on
two counts of cause for action. One
for the alienation of his wife's af-
fections by persuasion, and the other
on statuatory grounds. Judge Smlth
said that they would try to show by
witnesses presented that Mr.. and
Mrs. Dutton lived in Morgan and for
ten years lived happily, that they
were married in 1909. That there
had been born to them five children,
one of which died young in years.
That all went well in their home until
in the winter of 1913 and 1919, when
the defendant Bishop began to gain
the affection of his wife. That he
first met her in 1916, their acquaint-
ance gradually growing until 1918
and 10 when Mr.. Dutton was engaged
by Bishop in a lumber job in Morgan,
Mrs. Dutton doing the daily house
hold duties at the camp, where Mr..
Bishop boarded Later they went to
Stevens Mills, between Norton and Is
land Pond, on the Grand Trunk rail-
road, where they done other lumber
jobs. That the defendant was seen
with Mrs. Dutton and took her to
ride, also bought her presents. That
circumstances were such that it caus-
ed Mr.. Dutton to take a tenement
at Derby Line where he moved his
family that he might be away from
said Bishop. He secured work at
Butterfelds. They would tend to show
that soon after, they were called to
Morgan to attend funeral, that while
there Mr.. Dutton was stricken with
a severe attack of typhoid fever and
was cared for at the home of Mr..
Goodsell at Morgan, where he re-
mained from July until fall. Mrs:
Dutton also came down with typhoid
fever, but only mild attack and that
she was taken to the home of her
parents at Derby Line, until she had
recovered. That following the trouble
at Stevens Mills, Bishop took Mrs.
Dutton to Morgan, also visited her at
Derby Line several times. That she
later went away with him and kept
house for him at East Haven. That
Mr.. and Mrs. Dutton had not lived
= Il pF
Judge E. J. Smith and Frank Will
Walter Cleary and Frank Thompson
were the attorneys for the defendant.
The juror empaneled on the case were
Charles N. Brady of Newport, J. B.
Buck of Charleston, C. E. Coruth of
B. Dow of Albany,
Frank Farman of Troy, R. S. Kelley
of Derby, o. w. Metcalf of Irasburg,
Arthur Miles of Bloomington, F. T.
Rich Of Derby, N. A. Smith of Glover,
M E.. Williams of Craftsbury, and
w. 0. Wright of Westfeld.
Following the usual weekend re-
cess, court again re-convened Monday
afternoon at 2 o'clock The case
ready for trial and for which a jury
was empanelled is Hypolite and Alma
Pariseau VS.. A. j. Desmarais, parties
who have at one time resided on the
farm known as the Asa Beach place in
the town Of Glover. The plaintiffs
in the case are represented by Judge
w. M. Wright and j. Rolf Searles,
Mr.. Searles coming into the case by
the sickness of Frank Thompson who
was to appear. The defendant is re-
presented by States Attorney Albert
Farman, and w. w. Reirden. Judge
Wright in the outline said that they
would present evidence and would try
to show that on July 13, 1920, the
plaintiff purchased farm of A. J. |
Desmarais through the C. J. Oben |
real estate agency; that he came here
from Canada and was shown the Des-
narais farm, better known as the |
Judson Stevens place. The price paid |
Tor farm and personal property was
SIG 900. The plaintiff has brought |
suit to recover damages on false rep
resentation on the part of the de-
[endant, not only as to the farm, but |
personal property as well. Thev
would tend to show that the defendant |
:lalmed that 18 cows would freshen |
before Nov. %, 1920, but instead |
only three of them freshened; that |
The remaining Is freshened after that
late, some as late as March. Some
time was spent in selecting a jury
and nearly all petit jurors were called |
before IL could be chosen.
BARTON
Tom Harrington is on the sick list