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Nov 27, 2021
Franklin County (MA) News Archive
The Franklin County Publication Archive Index

To search for a particular subject term, click on the highlighted link containing that term at the bottom of the article. For example, if you are seeking more articles about animals, click on the highlighted link which says Animals/Reptiles/Amphibians.

Article Archives: Articles: Shutesbury (MA)

Showing 25

Posted by stew - Sat, Feb 13, 2010

Gazette & Courier - Monday, September 20, 1875
Obituaries

Died in Shutesbury on Sept. 13, Luella E. Johnson, daughter of Warren A. Johnson.
 

Subjects: Obituaries, Shutesbury (MA)

Posted by stew - Wed, Feb 10, 2010

Gazette & Courier - Monday, September 20, 1875
Probate court record

Northfield - Wills proved - Hezekiah Mattoon, Northfield, S.W. Dutton, Northfield, ex'r. Account filed - in estate of Joel Fay, N. Inventories filed - in estate of Samuel Alexander, N., $8351; Avery Clapp, Montague, $1869; Sarah M. Hawks, Deerfield, $489. [?] of notice - in estate of Jeremiah Dow, Erving; Alban Hill,Shutesbury. Next Probate Court at Greenfield.
 

Subjects: Courts, Deerfield (MA), Economics, Erving (MA), Greenfield (MA), Montague (MA), Northfield (MA), Obituaries, Shutesbury (MA)

Posted by stew - Sat, Feb 14, 2009

Gazette & Courier - Monday, September 13, 1875
Probate Court Record

Probate court Record - Greenfield - Administration granted on estates of George W. Bardwell of Deerfield, Jane F. Bardwell and Cyrus A. Stowell, Adm'rs.; Jeremiah Dow of Erving, Edmund M. Dow of Erving, Adm'r.; Joseph M. Townsend of Coleraine, Sarah Townsend of Coleraine, Adm'r.

Wills proved - Samuel Alexander of Northfield, George P. Alexander of Northfield, Ex'r.; Sarah Cook of Greenfield, John J. Graves and R.W. Cook of Greenfield, Ex'rs.; Ansel C. Delano of Sunderland, Jesse L. Delano and Edward A. Delano of Sunderland, Ex'rs.; Moses Hubbard of Sunderland, Cyrus M. Hubbard of Sunderland, Adm'r. with the will annexed.

Accounts rendered - on estates of William W. Alcott of Bernardston, Clark Ellis of New Salem, Clarissa Battle of Orange, Mary J. Gore of Monroe, Harriet M. Brown of Greenfield, A.M. Kingman of Deerfield, George S. Boyd of Deerfield.

License granted to sell real estate - Of John Arms of Gill, Andrew Welch of Montague, Walter D. Thompson of Troy, Ohio.

Widows' allowance - Made in estates of Rufus S. Phillips of Greenfield, $500; Edward Thayer of Greenfield, $9018.

Affidavits filed - in estate of Charles S. Brown of Greenfield, Baxter Harding of Conway, P. May Buddington of Greenfield, Rufus S. Phillips of Greenfield, Moses Field of Leverett.

Estate of Ephraim Murdock, late of Orange, represented insolvent, H. Woodward and G.A. Whipple, Commissioners.

Commissioners' report filed in estate of John Haskins, late of Shutesbury. Distribution ordered in estate of George S. Boyd, late of Deerfield.

John Quinton of Greenfield adopted infant child of William H. Seley; name changed to John George L. Quinton. Name of Flora M. Reynolds of Shutesbury changed to Flora M. Freeman. Next Probate Court at Northfield next Tues. (tomorrow).
 

Subjects: Bernardston (MA), Coleraine [now Colrain] (MA), Conway (MA), Courts, Deerfield (MA), Economics, Erving (MA), Gill (MA), Greenfield (MA), Law and Lawyers, Leverett (MA), Montague (MA), Mourning Customs, Names, New Salem (MA), Northfield (MA), Orange (MA), Sales, Shutesbury (MA), Sunderland (MA), Widows and Widowers, Women, Monroe (MA)

Posted by stew - Wed, Feb 11, 2009

Gazette & Courier - Monday, September 6, 1875
Died

Arms, Daniel of Bellows Falls, Vt., age 52, a native of Old Deerfield, died at Mt. Mineral Springs in Shutesbury on Aug. 31.
 

Subjects: Deerfield (MA), Diseases, Emigration and Immigration, Medicine / Hospitals, Obituaries, Shutesbury (MA), Vermont, Water

Posted by stew - Sun, Feb 8, 2009

Gazette & Courier - Monday, September 6, 1875
Shutesbury tax list

Shutesbury tax list (medium sized list of names).
 

Subjects: Economics, Government, Names, Shutesbury (MA)

Posted by stew - Sun, Feb 8, 2009

Gazette & Courier - Monday, September 6, 1875
Population

The population of Franklin county, as returned by the late census, and also that of 1865, is as follows:

Ashfield, 1188, 1875; 1221, 1865
Bernardston, 991, 1875; 902, 1865
Buckland, 1921, 1875; 1922, 1865
Charlemont, 1029, 1875; 994, 1865
Coleraine, 1699, 1875; 1726, 1865
Conway, 1452, 1875; 1538, 1865
Deerfield, 3414, 1875; 3038, 1865
Erving, 749, 1875; 576, 1865
Gill, 673, 1875; 635, 1865
Greenfield, 3540, 1875; 3211, 1865
Hawley, 588, 1875; 687, 1865
Heath, 545, 1875; 642, 1865
Leverett, 821, 1875; 914, 1865
Leyden, 521, 1875; 592, 1865
Montague, 3379, 1875; 1574, 1865
Monroe, 191, 1875; 190, 1865
New Salem, 923; 1116, 1865
Northfield, 1641, 1875; 1660, 1865
Orange, 2497, 1875; 1909, 1865
Rowe, 661, 1875; 563, 1865
Shelburne, 1586, 1875; 1564, 1865
Shutesbury, 558, 1875; 768, 1865
Sunderland, 845, 1875; 861, 1865
Warwick, 733, 1875; 901, 1865
Wendell, 503, 1875; 603, 1865
Whately, 545, 1875; 1012, 1865
 

Subjects: Ashfield (MA), Bernardston (MA), Buckland (MA), Charlemont (MA), Coleraine [now Colrain] (MA), Conway (MA), Deerfield (MA), Erving (MA), Gill (MA), Greenfield (MA), Leverett (MA), Montague (MA), New Salem (MA), Northfield (MA), Orange (MA), Shelburne and Shelburne Falls (MA), Shutesbury (MA), Sunderland (MA), Vital Statistics, Warwick (MA), Wendell (MA), Whately (MA), Leyden (MA), Heath (MA), Hawley (MA)

Posted by stew - Fri, Feb 6, 2009

Gazette & Courier - Monday, August 30, 1875
Died

Stone, Nathan, age 88, formerly of Shutesbury, died in Milford on Aug. 18.
 

Subjects: Emigration and Immigration, Massachusetts, Obituaries, Shutesbury (MA)

Posted by stew - Fri, Feb 6, 2009

Gazette & Courier - Monday, August 30, 1875
Died

Gray, Sarah, age 89, widow of Patrick Gray, after suffering for nearly 7 weeks from a fall she received, died in Shutesbury on Aug. 13.
 

Subjects: Accidents, Obituaries, Shutesbury (MA), Widows and Widowers

Posted by stew - Fri, Feb 6, 2009

Gazette & Courier - Monday, August 30, 1875
Born

Born in Shutesbury Aug. 19, a daughter to W.A. Johnson.
 

Subjects: Births, Shutesbury (MA)

Posted by stew - Wed, Dec 10, 2008

Gazette & Courier - Monday, July 19, 1875
News about home: Greenfield items

Mrs. N.S. Wells, with her brother, Elijah Coleman of Philadelphia, his wife and daughter, accompanied by Mrs. V.M. Ward, have been under Dr. Perry’s care at Mount Mineral Springs http://www.shutesbury.org/history/# the past week. Mrs. Wells and Mrs. Ward returned on Sat.
 

Subjects: Beverages, Diseases, Emigration and Immigration, Family, Greenfield (MA), Medical Personnel, Medicine / Hospitals, Quacks and Quackery, Shutesbury (MA)

Posted by stew - Sat, Dec 6, 2008

Gazette & Courier - Monday, July 5, 1875
Married

In New Salem on June 24, Warren Ames of Shutesbury to E. Lizzie Haskell of Wendell.
 

Subjects: Marriage and Elopement, Shutesbury (MA), Wendell (MA)

Posted by stew - Sat, Dec 6, 2008

Gazette & Courier - Monday, July 5, 1875
Shutesbury

On the 28th, Widow Patrick Gray, nearly 90 years of age, and very feeble, fell while standing beside her bed and broke her hip. She lays in a critical condition. And not a few days before Benjamin Winter, over 80 years, fell and broke his hip in nearly the same place by being knocked down by a calf.
 

Subjects: Accidents, Animals / Reptiles, Furniture, Old Age, Shutesbury (MA), Widows and Widowers, Women

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, May 31, 1875
Hill

Hill, Mrs. Alban, age 75, widow of the late Alban Hill, died in Shutesbury on May 3.
 

Subjects: Obituaries, Shutesbury (MA), Widows and Widowers

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, May 17, 1875
Hill

Hill, Albian, age 75, died in Shutesbury on May 3.
 

Subjects: Obituaries, Shutesbury (MA)

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, May 10, 1875
Probate Court record

Greenfield, May 4, 1875. Administration granted - On estates of Henry M. Fisk, late of Shelburne, Ellen N. Fisk and Isaac T. Fisk of Shelburne, Adm'rs.; Alban Hill, Shutesbury, John H. Bacon, Shutesbury, Adm'r.;David Nelson, Coleraine, Henry G. Nims, Greenfield, Adm'r.; Lizzie Potter, Greenfield, Henry A. Potter, Greenfield, Adm'r.; William Pike, New Salem, Lyman Wilder, Montague, Adm'r.; Lyman Rice, Charlemont, John A. Winslow, Charlemont, special Adm'r.; John Reynolds, Leverett, Mary Reynolds, Leverett, Adm'r.; Zephania Richmond, Buckland, L.A. Richmond, Buckland, Adm'r.; William Stow, Conway, William Stow of Conway, Adm'r. with will annexed.

/ Wills proved - Harriet M. Brown, late of Greenfield, John J. Graves of Greenfield, Ex.; Moses Field, Leverett, George E. Field, Leverett, Ex.; Lewis L. Hicks, Greenfield, Anson K. Warner, Greenfield, Ex.; Samuel O. Ruggles, New Salem, Samuel Ruggles and John I. Williams, Ex.; Ephraim E. Robinson, Sunderland, Albert Montague, Sunderland, Ex.

/ Guardians appointed - Amos E. Emery, Orange over minor children of Levi Ballou, late of Orange; Linda W. Greenough, Deerfield, over Clara M. Greenough, Deerfield; Luther Dudley of Leverett over minor children of George Hunt, late of Leverett; Jacob Perkins of Montague over his own minor children, Montague; H.H. Mayhew, Charlemont, over Emory Rice, Charlemont; Albert Montague, Sunderland, over Edward L. Robinson, Sunderland; Fannie W. Scott, Whately, over Idalette L. Scott and Annie E. Scott, Whately.

/ Accounts resolved - on estates of George A. Bates, Gill, Rhoda Barber, Bernardston, David M. Bryant, Deerfield, Erastus S. Clapp, Montague, Harriet L.B. Harrington, Rowe, Sarah Hawks, Deerfield, George H. Williams, Deerfield.

/ License granted - to sell real estate of Sarah Darling, Leverett, Susan Gould, Erving. Widow's allowance - made in estate of John Arms, late of Gill, $$350; David Scott, late of Whately, $500; George A. Bates, late of Gill, $164. Inventories filed - in estates of Cephas Clapp, late of Deerfield, $21,829; Curtis Chapin, Bernardston, $3904; Betsey G. Clapp, Montague, $824; William Pike, New Salem, $319; Zephaniah Richmond, Buckland, $600; Ephraim E. Robinson, Sunderland, $15,586.

/ Affidavits filed - in estate of Eugene Y. Bixby, Sunderland, Betsey G. Clapp, Montague, Urania D. Robinson, Sunderland, S.F. Wells of Deerfield.

/ Partition of real estate ordered in Curtis Chapin estate, Bernardston; Henry Slate, P.L. Cushman, S.B. Hoyt, commissioners. Partition of real estate ordered in Timothy Graves estate, Sunderland, John R. Smith, Albert Hobart, George W. Graves, Cmrs. Estate of Eugene Y. Bixby, late of Sunderland, represented insolvent, J.P. Felton, B.S. Parker, Comrs. Next Probate Court at Northfield on the 2nd Tues. of May.
 

Subjects: Buckland (MA), Charlemont (MA), Children, Coleraine [now Colrain] (MA), Conway (MA), Courts, Deerfield (MA), Erving (MA), Family, Gill (MA), Greenfield (MA), Households, Law and Lawyers, Leverett (MA), Montague (MA), Mourning Customs, Names, New Salem (MA), Northfield (MA), Obituaries, Orphans and Orphanages, Shelburne and Shelburne Falls (MA), Shutesbury (MA), Sunderland (MA), Whately (MA)

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, April 26, 1875
Fire at Shutesbury

A house and barn at Shutesbury owned by James Haskins, and occupied by Edson Boynton, with all their contents, including $100 worth of hay, furniture, etc. were burned Tues. aft., while the family were absent. Loss about $3000, insured for $800. The fire was supposed to have been from a defective chimney.
 

Subjects: Accidents, Economics, Family, Fires, Furniture, Households, Shutesbury (MA)

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, April 19, 1875
North Hadley

North Hadley, and indeed the whole County, is in a state of excitement over the failure of Thaddeus Smith, an extensive farmer, tobacco raiser and dealer, and a large broom manufacturer at North Hadley, and a man of reputed large wealth, with liabilities variously reported at from $100,000 to $150,000. His failure also carries down several other large farmers and business men in that village, among whom are Edward P. Hibbard and his brother, Samuel S. Hibbard, large farmers, tobacco dealers and dairymen; H.C. Russell and A.P. Russell, farmers, tobacco raisers and growers of early garden vegetables; and Francis Smith, store keeper and tobacco dealer.

/ What the liabilities of any of these parties are is not yet known but they are believed to be large. It appears that all these parties have been in the habit of indorsing for each other, and their credit has been the very best. Their creditors are numerous and include nearly everybody in North Hadley, and many outside. The First National Bank Northampton and the Hampshire County Bank at Northampton, are said to lose a large amount by the paper of these men. James Stetson of Shutesbury is a creditor for $10,000 or $12,000 but is partially secured by a mortgage of real estate.

/ Clapp & Pomeroy of Northampton and L.L. Draper are said to be heavy losers. There are a large no. of creditors in Northampton for various amounts, among whom are B.E. Cook, Smith & Searle, and C.H. Jones for $100 each. Mr. Draper's claim is said to be from $3000 to $5000. One of the small farmers who is heavily crippled by these failures is Chester Cook of North Hadley, and he will probably be obliged to appeal to the insolvent court. Prof. W.B. Russell of Hatfield is also reported as carried down in the gale. What course these insolvent parties will pursue is not yet determined upon, but Mr. Thaddeus Smith proposes to call a meeting of his creditors at an early day, and lay the whole matter of his indebtedness before them. Of course there is a very despondent feeling in North Hadley. These men, with L.N. Granger, George C. Smith and one or two others, who are not seriously involved in these failures, have been the life of the business of the village, and the disaster cripples every enterprise here (Northampton Gazette). Thaddeus Smith has applied to be declared a bankrupt.
 

Subjects: Animals / Reptiles, Beverages, Business Enterprises, Businesspeople, Courts, Disasters, Economics, Education, Family, Farmers & Farming / Flowers, Food, Hampshire / Hampden Counties, Literature / Web Pages, Rich People, Shutesbury (MA), Smoking and Tobacco, Stores, Retail, Vendors and Purchasers, Weather

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, April 19, 1875
Married in Shutesbury Apr

Married in Shutesbury Apr. 11, Charles H.W. Waterman to Emma G. Baker, both of S.
 

Subjects: Marriage and Elopement, Shutesbury (MA)

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, April 12, 1875
Leverett

Rev. Mr. Yates, late Pastor of the Congregational Church of Shutesbury, has gone over to Spiritualism.
 

Subjects: Leverett (MA), Religion, Shutesbury (MA)

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, April 5, 1875
Married in Belchertown Mar

Married in Belchertown Mar. 31, Frank F. Hawley of Amherst to Lucy A. Reed of Shutesbury.
 

Subjects: Greenfield (MA), Marriage and Elopement, Shutesbury (MA)

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, April 5, 1875
The spiritualists had quite a large gathering in Springfield on Wed

The spiritualists had quite a large gathering in Springfield on Wed. Among the speakers were William Alcott of Buckland [William Alcott became a trance and inspirational lecturer], M.J. Mandell of Athol [there are various references to a D.J. Mandell of Athol involved in spiritualism online], Rev. Mr. Yates of Shutesbury and many from other places. It was decided to hold the next camp meeting at Lake Pleasant, beginning Aug. 8, although many of the members will take up their abode on the grounds a few days earlier. It is expected that the grounds will be considerably enlarged and improved before that time, so that the accommodations will be yet more ample than last summer. Numerous speeches were made at the conference meeting in the afternoon, and the evening was occupied with a dramatic entertainment by Charles Sullivan http://www.spirithistory.com/80camps.html of Boston.
 

Subjects: Athol (MA), Boston (MA), Buckland (MA), Hampshire / Hampden Counties, Lake Pleasant (MA), Montague (MA), Religion, Show Business, Shutesbury (MA), Spiritualism, Work

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, March 29, 1875
Born in Shutesbury Mar

Born in Shutesbury Mar. 3, a daughter to Sidney Pratt; March 10, a daughter to Albert Pratt; Mar. 14, a son to Medad Laplante.
 

Subjects: Births, Shutesbury (MA)

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, March 29, 1875
Pratt

Pratt, infant daughter of Sidney Pratt, died in Shutesbury on Mar. 3.
 

Subjects: Obituaries, Shutesbury (MA)

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, March 22, 1875
Court record

The usual session of the March term of the Superior Court was begun Tues. the 10th, Judge William Allen of Northampton presiding. Rev. A.J. Lyon was present and made the opening prayer. The Grand and Traverse Juries were empaneled with little delay, and the Grand Jury retiring with the District Attorney, the trial list was taken up and run through, showing a larger number of cases ready for trial than is usual, considering the number on the list. The civil cases were put on trial with commendable promptness, and if the same diligence is shown in the trials themselves, the term will not be an extended one. We give below the list of jurors empaneled.

/ Grand Jury - John Sanderson of Bernardston, Foreman; Robert Abercrombie of Deerfield, George W. Bradford of Conway, O. Frank Brown of Rowe, Lowell Brown of Shelburne, Cyrus W. Carley of Heath, Alonzo Crafts of Whately, Richard A. Dudley of Leverett, Alonzo Eldridge of Ashfield, George Gammell of Montague, Lysander Hillman of Charlemont, Joseph W. Houston of Hawley, Seth Leonard of Shutesbury, John I. Mattoon of Northfield, David Mowry of Leyden, William H. Packard of Erving, Simon C. Phillips of Gill, Theo C. Shearer of Coleraine, William Stickney of Greenfield, James M. Tenney of New Salem, Kendrick Ware of Buckland, Lafayette Worrick of Orange.

/ The Traverse Juries are as follows...[long list of names for first jury, second jury, and supernumeraries]. The following bills were found by the Grand Jury against Lewis Buck for Adultery; Levi Huntoon, for breaking and entering; also same for assault; Cornelius Bullman, common nuisance; Town of Heath, neglect to repair highway - two indictments.

/ The following appealed cases are on the docket: Commonwealth vs. Charles Peck, a common seller; same, keeping liquors; John Dempsey, assault; __ Champlin, assault and battery.

/ The first case which was taken up was that of George E. Williams vs. the Inhabitants of Leyden; and that of George E. Williams et al. vs. the Inhabitants of Leyden, depending on the same facts substantially, was joined with the first named action. The actions were for injuries alleged to have been received while traveling on a public highway in the town of Leyden, the amount claimed by the former case being $500, and in the latter case $1000. The second mentioned action was brought by Williams and his wife for injuries received by her, but upon objection by the defendants' counsel that the husband and wife were improperly joined, that the said action should have been in the name of Mrs. Williams alone, it was moved to have a non-suit entered in the case; but leave being given by the court, the plaintiff amended by striking out the husband's name from the second action and the trial proceeded.

/ The plaintiffs to the suits, at the time of the accident, resided at Montague City. The day of the accident, which occurred in September, 1873, the plaintiffs, with their two children, a Mr. Drake and his child, 6 persons in all, started from Montague City, after dinner, in a common two-seated carryall, with one horse, and came to Greenfield. This being the second day of the Agricultural Fair, the party spent some time upon the fair ground in Greenfield, about 4 p.m. starting for Leyden, where they arrived about 6 o'clock. After supper, it being then quite dark, and raining slightly, the plaintiffs and their two children started with the same team to go from the residence of Mrs. Dorril to Leyden Center.

/ While midway on the crossroad, and while ascending a hill, the horse suddenly stopped and commenced backing, upon which both Mr. and Mrs. Williams jumped from the vehicle, the latter having a child two years old in her arms, just as the horse and carryall went over the wall and down a bank some 5 or 6 feet high. The carriage and harness were broken, and Mr. Williams received some slight abrasions of the skin upon his limbs; but though Mrs. Williams did not seem to be much injured at the time, it proved by subsequent events that she did receive severe and perhaps permanent injuries. It was admitted on the trial that the road was a town way, and that the town was lawfully bound to keep said way in suitable repair. The town also, while admitting that there was no railing at all at the point where the accident occurred, contended that, considering the travel and use for which the way was ordinarily used, it was in suitable repair and no railing was needed.

/ On the question of injury received by Mrs. Williams, all the leading physicians from Greenfield, and also one from Montague, were called to the stand. The evidence of the medical gentlemen, both as to facts and as experts, giving the probabilities in certain supposable cases, agreed remarkably well. From evidence adduced, it seems that Mrs. Williams was troubled with severe pains in the head immediately subsequent to the accident; that about 8 days thereafter she suffered a miscarriage; that previous to the accident she was a strong and robust woman, while since that occurrence she has been very nervous, had much pain, and is not a strong or well woman at present.

/ The evidence of the defense was exceedingly weak and mostly of a technical nature. The court held the plaintiffs very close to the law, ruling amongst other things, that if the negligence of the plaintiff or the viciousness of the horse were a contributing cause of the accident, the plaintiffs could not recover. He also instructed the jury by request of defendant's counsel, that if the jury should find that the horse stopped and refused to go forward, at a point not less than 25 feet from where they went over the wall, and the driver lost control of the horse and did not regain control before the accident, their verdict must be for the defendants; that if the horse was vicious at the time of the accident, though never had been before, if the viciousness contributed to the accident, the plaintiffs could not recover. The jury were instructed as to the estimate of damages and required to bring in the verdict and damages if any, in each of the two actions separately. The case seems to have created considerable interest, the court room being filled with spectators during the whole of the trial, lasting 2 days. Verdict for plaintiff in both actions. Damages in case of Mr. Williams, $200; and for Mrs. Williams, $175. C.C. Conant and S.O. Lamb for plaintiffs; Charles Delano and C.G. Delano for defts. [The question remains as to whether the other child and the driver remained in the carriage, and were not hurt].

/ Mary R. Newell vs. Ira Carpenter appt. This was the next case in order, and was an action of tort, wherein the plaintiff sued the defendant for $100 damages, for breaking and entering her close, trampling the grass and digging up the soil. This is a purely Greenfield case, and one that has been the subject of much remark in its various forms; it may be said to have agitated the 'Log Plains' district, from center to circumference.

/ The facts in the case are, briefly, that for many years prior to Mr. Newell's death, a small hydraulic ram has been used and operated by a small stream of water which has its course through the lands of Mr. Carpenter, and afterwards winds its way through the lands of the plaintiff. In order to divert the water and get the required head sufficient to generate the ram, a slight dam has been maintained for year after year, without complaint or objection from the defendant. Soon after Mr. Barnard Newell's death (the plaintiff's husband), the now defendant, brought an action for alleged injury from the flowing of his meadow, in consequence of the said dam, erected and maintained on the plaintiff's land. This action was at last settled after being taken to the Supreme Court, by an entry of judgment for Mr. Carpenter, with a nominal damage of one cent.

/ After this settlement the dam was lowered, and only raised to a height barely sufficient to run the ram, but not high enough, the plaintiff's witnesses testified, to throw any water back upon the land of Mr. Carpenter. This state of things did not seem to suit the ideas of all concerned, and the next move was an entry by defendant upon plaintiff's land, to remove the dam or portions of it, and to make a free channel for the stream. The injury mentioned was soon repaired by the neighbors, and the ram was again at work, supplying water to the plaintiff's premises. A truce from hostilities ensued for a time, but only to break out afresh and with still greater violence. Mr. Carpenter and his hired man, again came on the plaintiff's premises with the implements of destruction, and commenced digging a new opening for the exit of the water from the dam - which by the way was but a few inches in height. Mr. L.G. Barton, who resides near, was apprised of the state of affairs, when he and his hired man appeared upon the scene, armed with the instruments of construction, and then began: A serio-comic battle of the spades! / With might and main the conflict raged / From dawn till eve of day / At last the strength of arm had failed / The dam still closed the way/.

/ The evidence of this passage at arms was graphically described by eye witnesses, during the course of the trial, and was extremely ludicrous. But this case has also a serious side, and involves several as nice questions of law as has probably any, before the courts for years. The defense claims that the real question decided, in the previous suit alluded to, was the right of the plaintiff to maintain the dam. They also allege that, that was the understanding when it was agreed to have the verdict of nominal damages entered, and further justify the destruction and entry charged in this action on the ground of abating a nuisance, so adjudged by the verdict in the former case. To this, the plaintiffs say, that the previous decision had nothing to do with the question of the right of maintaining the dam, but only applied to the flowing of the defendant's land. Thus a nice point comes up, as to how far the judicial decision rendered in the former case, shall be admitted as evidence in the present one.

/ The criminal business will be taken up this morning. The Court will attend to naturalizations on Tues. at 2 o'clock. The Court adjourned Sat. noon till 10 o'clock Monday, at which time the arguments of counsel will be made on the case of Newell vs. Carpenter.
 

Subjects: Accidents, Animals / Reptiles, Ashfield (MA), Bernardston (MA), Births, Buckland (MA), Charlemont (MA), Children, Coleraine [now Colrain] (MA), Conway (MA), Courts, Crime, Criminals, Deerfield (MA), Drunkenness, Economics, Emigration and Immigration, Erving (MA), Eye, Fairs, Family, Farmers & Farming / Flowers, Food, Gill (MA), Government

Posted by stew - Mon, Dec 1, 2008

Gazette & Courier - Monday, March 8, 1875
County Commissioner's meeting

Held their regular quarterly session on Thurs. On the petition of Richard C. Arms and others of Deerfield, for change of location of highway, the board will meet to view and locate on the 24th of April; on petition of R.O. Hiscox and others for a new highway in Leyden, will meet to view and locate on April 20th; on petition of A.C. Parsons and others, for the Board to rescind their order for building a portion of the road laid out on petition of Thomas Metcalf and others, and make alterations and repairs to present highway; on the petition of D.N. Carpenter and others for a highway in Leyden, will meet to view and locate on the 19th of April; on the petition of Elias Bardwell and others, for a new highway in Shelburne, will meet to view and locate on the 20th of April; on petition of Andrew Stone and others of Heath for a new highway, will meet to view and locate on April 22nd. The crossing established in New Salem, as petitioned for by the Athol & Springfield Railroad was accepted. The petition of D.H. Giles and others for alteration in highway in Greenfield was dismissed, as was also the petition of Charles Bacon and others for townway in Shutesbury.

/ Charles I. Frink having rendered his resignation as Messenger, Major H. Tyler of Greenfield was appointed in his place. Edward Swan was licensed as a [landholder] in Sunderland, and [?] Stebbins of Northfield, a ferryman. The amount of bills allowed was $1057. The Board adjourned to the 6th of April, when a hearing will be held on the Turners Falls bridge question.
 

Subjects: Athol (MA), Bars (Drinking establishments), Bridges, Deerfield (MA), Economics, Government, Greenfield (MA), Hampshire / Hampden Counties, Montague (MA), New Salem (MA), Roads, Shelburne and Shelburne Falls (MA), Shutesbury (MA), Sunderland (MA), Trains, Transportation, Turners Falls (MA), Work, Leyden (MA), Heath (MA)


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