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Gazette & Courier - Monday, September 13, 1875
Court record - The fifth week of the Superior Court continued the business of the term, beginning Tues. with the following trials before the court:
John O’Donnell vs. Bartholomew Reardon & Trustees - Finding for the plaintiff, amount $68.68, and the charging of the Trustee (the Keith Paper Co.) with $76.07...Erastus Cowles vs. Edwin A. Ball - This was an action of trespass, wherein the plaintiff alleged that the defendant, who, being a highway surveyor, had, in repairing the highway on Deerfield Meadow, trespassed upon the plaintiff’s land, plowing into the Broughton Pond road, a turf embankment some 3 ft. wide and 68 rods in length.
Also, by removing a stone at the western terminus of the road. The question at issue being the true location of the northern line of said road. The defendant claimed that he had not exceeded the original limits of the road, which was laid out in 1796. The case developed the fact that the race of old men were not yet extinct, and the remembrances of the greater portion of Deerfield were required on the pros and cons of the matter in dispute. Finding for the defendant...
Henry Couillard vs. Elihu Smead - This was an action by the plaintiff, as tax collector of Shelburne, to recover $33.85, being a tax assessed in 1871. The defendant claimed that the tax had already been paid by J.B. Whitney, who, acting as his agent, handed the plaintiff the money in the yard of his livery stable at Shelburne Falls, and moreover, fixed the date as Apr. 29, 1871.
The circumstances attending the alleged payment were detailed by Mr. Whitney, while the plaintiff, while testifying that at the date named he was at Winchester N.H., engaged in the joint occupation of "courting a woman and trading horses", succeeded in raising an issue of fact, which, after a subsequent attempt by the plaintiff’s side to show the true status of the witness Whitney, for truth and veracity, and the counter attempt of the defense to discredit Couillard on the same ground; the truth might be said to indeed be "trembling in the balance". Finding for the plaintiff, amount $40.78...
The inhabitants of Leverett vs. the inhabitants of Rowe - This was an action to recover for money expended by the town of Leverett in assisting a pauper by the name of Rice, and whom it was claimed, had a legal settlement in the town of Rowe. The circumstances of the case were quite peculiar. One of the ways by which a person gains a settlement in a town is by the possession and residence on an estate of freehold for 3 years.
A settlement once gained of course continuing until a new one is gained elsewhere. In this case, Mr. Rice owned and lived upon a place in Rowe, but a few days previous to the expiration of 3 years he returned the deed of land to the original grantor, who then conveyed the property to a new party. Mr. Rice continued to live upon the land for some few weeks after giving up the deed as mentioned.
The new party who took the property did not take possession; neither did the original grantor exercise any act of ownership except the mere transferring of the deeds till after the expiration of 3 years. The question arises whether the fact of giving the deed back by Rice to his grantor, did moderate the circumstances, divest Rice of his seizin of the freehold. If not, of course he gained a settlement; while if the residence or the seizin were cut short by a few days, the statute would not be complied with and the town would not be liable. The point raised was so peculiar that the Judge reserved his decision...
Lucius Smith vs. Austin Drake, appt. The case came up on appeal from a magistrate’s findings. The court found for the plaintiff and assessed damages of $7.42...
The following cases were disposed of by judgment without trial: Samuel B. Fletcher vs. Henry Herring - This case has stood upon the docket for a long time, having been tried by a jury in 1873. It was settled on agreement by a verdict for the plaintiff, amount $19...Moses Stebbins vs. Jasper Gillett - This was another of the old cases consisting of many items of an account with offsets. Judgment was granted on award of referee...Edward H. Fitts vs. Samuel Sugland - Judgment on award of referee for plff. Damages, $4. Each party to pay their own cost...
Turners Falls Lumber Co. vs. David A. Wood - This was an action on 2 promissory notes, one of $1200...and the other of $518...Judgment for plaintiffs on both...Edwin Pierce et al. vs. Levi A. Bates Jr. et al. Judgment for plaintiffs against Bates for account of $52.50...Edwin Pierce et al. vs. Allen Mansfield - Judgment for plaintiff on a promissory note...for $58...
William L. Bradley vs. Edward Barney - Judgment for plaintiff on a promissory note...for $212...Bradley Fertilizer Co. vs. Edward Barney - This was an action on a note given by George Fuller of Deerfield, upon which the defendant was sued as surety, for $300. Judgment for plaintiff on the same...
Asa C. Lewis vs. Lorenzo D. Joslyn appt. Judgment for plaintiff, amount $30...Nathaniel Holmes et al. vs. Stephen L. Pratt - Judgment for plaintiff on note...for $59.10, upon which $40 had been paid before suit. William R. Armstrong vs. R.L. Goss. Judgment for plaintiff...for $400...Nathaniel Holmes et al. vs. Thomas Lap[?]. Judgment for plaintiff for $11...
George W. Potter et al. vs. R.J. Goss. Judgment for plaintiff on 2 notes, one for $732 and another for $82.89, also an account of $319. Total, $1134.52. Frank L. Eldridge vs. R.L. Goss et al - Judgment for plaintiff on note, amount $350...In the case of S.L. Shattuck et al. vs. George Jones, in which a verdict for plaintiff was given by the jury, a motion was filed for a new trial. But the motion has been overruled.
The docket has been well cleared of old cases this term, some 40 being settled out of court, to which no reference has been made in our reports. Judge Aldrich has earned the thanks of suiters by his persistent labors in holding this, the longest term of the Superior Court, known for many years. The court adjourned for the term Fri...The law term of the Supreme Judicial Court will begin Sept. 28, with the full bench.
Gazette & Courier - Monday, September 6, 1875
Cheapside as it was more than 50 years ago
Cheapside as it was more than 50 years ago - A good deal of business was transacted at Cheapside even as late as 1819. Two stores were in operation, one situated on the west, the other on the east side of the covered bridge. Robert Bardwell and Clark Houghton were the storekeepers. A line of boats, owned by Clark Houghton, run [sic] regularly to and from Hartford, and freight came in there to be distributed among the merchants of Greenfield and vicinity, even to merchants in Rowe, Whitingham, Wilmington and others west of here.
In later years Allen & Root of Greenfield run a line of freight boats to Hartford, and had a store on the landing, and sold quite a large amount of heavy goods. Uncle George P. Field had a bakery there and sold crackers - and good ones, too - to the people in all this region. Robert Field tended the gate, and made cut nails by hand, with the aid of a heading machine, and had a two story building on the side of the road next to the river.
There was no tavern there in those days, so the storekeepers had license to retail the ardent. The consequence was that in dull days, or rainy days, lots of thirsty bodies presented themselves to be lined inside with something to take. Old St. Croix was cheap then - about $1 per gallon; new rum .33 per gallon. Oh, how they did drink!
The main farm in Cheapside was owned by a man who died many years since, and not one foot of said farm is owned at present by any of his heirs; neither is there now a slab to mark his resting place in the cemetery, near the railroad station at Old Deerfield.
At the time when a division of the old county of Hampshire was talked of, there was a strong effort made to have the shire town of the (then) new county of Franklin established at Cheapside, but the man who owned at that time, hundreds of acres of land in that locality, would not sell any for the purpose, so that village today is not as valuable as in 1819. W.
[Those interested in Cheapside simply must read "History of Greenfield: Shire Town of Franklin County, Massachusetts" by Francis McGee Thompson, and Lucy Cutler Kellogg].
Gazette & Courier - Monday, September 6, 1875
The town of Rowe
(Rowe) It is well known among botanists that many notable plants grow on sterile soil, so from some of our small and sequestered country towns have come many of our now prominent and useful men. I well remember when a boy, of living in the town of Rowe 40 years ago, just how it appeared.
I was a poor farmer’s boy, at work on a farm for wages, at 12 dollars per month. I had been well schooled in the village schools of the time, but they said "there was to be a select school in the center of the town, to be taught by Mr. John Wells, a son of Hon. Noah Wells of Rowe, who had just graduated at Williamstown, taking the highest honors in his class".
John succeeded in getting a large class, made up of the young ladies and gentlemen of his native town. I was a pupil among the others, and here I wish to say that a more successful school was never taught by any man. John Wells was then a young man, tall, straight as an arrow, with a beautiful face, and an expression like a modest girl. At the close of the school, we had an exhibition in the old Unitarian Church. It was filled to overflowing, and all the scholars took a part. The whole thing was a great success for Mr. Wells and a credit to his pupils.
The succeeding winter I taught the "winter school" in the center of the town, having among my scholars a small boy, the son of Rev. William Stearns, named George Stearns. George was a bright, blue-eyed boy of about 10 years old, good, but very mischievous. I gave him his first lesson in Latin grammar. I well remember how he used to recite in such a way as to make fun for the other scholars.
Well, Mr. John Wells is now Hon. John Wells of the Supreme court; and little Georgie Stearns is the celebrated Springfield lawyer, one of the most eminent of his profession in the State. The following year I taught a school in the north west part of the town, in a little "hut of a school house", and among my scholars was a little boy by the name of Noah Cressy.
[See Google Books "American Law Review: 1875 - 1876" for a long biographical entry on John Wells].
[See Google Books "Second annual report on the diseases of the domestic animals in Connecticut" by Noah Cressy].
There were 3 brothers of the Cressy family living in the district, and their children constituted the greater part of the school. the following year I went away to study medicine, and lost sight of little Noah, and the next I heard of him he was "Professor Noah Cressy of the Massachusetts Agricultural college, and veterinary surgeon to the State of Connecticut".
A chum went with me from Rowe to study medicine in the same office with me, the office of Moses Barrett M.D., located in the town of Charlemont. Dr. Barrett was a native of Rowe and had studied medicine and graduated with high honors. My chum was C.K. Fiske of Rowe, who graduated with me at the Berkshire Medical college in 1842. Dr. Fiske became an eminent dentist and settled in St. Johns, New Brunswick.
The late Major Reed, sheriff of this county, was for a long time a merchant in Rowe, if not born there. He had a son by the name of Samuel Reed, a scholar in my school, who afterward studied medicine, graduated, started for California, and died on the passage.
I frequently meet Prof. Cressy. He is a wide awake, congenial, friendly man, but eminently learned in his profession. Last week we exchanged some books, I giving him Harris on Insects, and he giving me "The Elements of General and Pathological Anatomy" by David Craige, M.D., published in Edinburg in 1828.
On the fly leaf is this, written in pencil: "To Dr. Craige, belongs the merit of having written the first distinct and comprehensive work on general anatomy" signed George Gulliver, M.D. There is probably not more than one or two other works of the kind and edition in this country. David Rice, M.D.
Gazette & Courier - Monday, September 6, 1875
The 4th week of the Superior Court was opened at 2 o’clock Mon. The case of Vincent vs. Town of Rowe mentioned as on trial in our last issue, occupied the first day and part of Tues. No new facts were brought out by the evidence not already noted. The jury, after considering the case till midnight, were unable to agree upon a verdict and were discharged. the jury were understoood to all be willing to give the plaintiff a reasonable amount, but a few also wished to give him all he asked for, to which the majority would not accede, and hence no verdict could be reached...
Edward A. Robbins vs. John T. Fitch & als. - This was an action on a promissory note of $1026.49 dated March 1, 1874. This note was funded by the Fitches of Northampton and endorsed by H.S. Porter of Hatfield. The makers were defaulted, and the trial was for the purpose of recovering from the indorser [sic].
The question of fact to be decided was, in what capacity did the indorser sign?...The court ruled that...there was no consideration for the indorsement, and the indorser ws not liable...the verdict of the jury was for the defendants...
John Butterworth vs. S.W. Hall et al & Tr. This was for an action to recover for a horse power. The defense was that the machine did not correspond with the circular and description given; that the same was poorly made and had broken in using. The defense was hardly sustained by the evidence, and the jury returned a verdict for the plaintiff for full claim; amount, $211.31...
The latter case completed the jury list, and the jurors were therefore discharged for the term.
the following foreigners were naturalized: Michael McCarty, Patrick Hynes, Philip Ott, John Casper Zeiner, Charles W. Raguse, Augustus Eberline, Lawrence Power, Cornelius Redding, William Fitzgerald, Edward Hannepin, Martin Flaherty, John Haigis, Leonhard Sauter, Morris Joyce, Peter Horan, John Moor, John Osborn, Peter Gray, Patrick F. Corcoran.
The following made primary declarations: John Hogan, John Leakey, John F. Raguse, Thomas Joyce, Dennis Kielsy, Peter Lynch, James Powers, Andrew Costello.
The court adjourned Wed., till 2 o’clock tomorrow, Tues., at which times hearings and trials by the court will be in order.
(Rowe) E.E. Amidon's store was broken into and robbed of about $15 last Mon. night. The burglars effected an entrance through the cellar window and forced open a door communicating with the store. The money drawer was cleaned of its contents, scrip and nickels, and a quantity of counterfeit currency that had been laid away from time to time. The robbery was not discovered until Tues. morning. The thieves have not been caught, and so far, there is no trace of their whereabouts. The affair has created considerable excitement in the town.
Gazette & Courier - Monday, August 30, 1875
The third week of the superior court was continued at 4 o’clock p.m. Mon., at which time the arguments were made on the town case of Joel R. Davenport vs. the Inhabitants of Coleraine, The accident, as alleged by the plaintiff in this action, occurred on the highway in the town of Coleraine, near the house of Arthur A. Smith, in Feb. 1873. At the time named, the ground was covered by a heavy body of snow, and on the day of the alleged injury, was thawing. The plaintiff was drawing wood, and had on his sled at the time, 180 ft. of green wood - a very heavy load.
The plaintiff says he was sitting upon the load of wood, driving with due care, and by reason of a defect in the highway - which consisted of a deep "cradle hole", and also a sidling condition of the road - his load was overturned, falling upon and injuring him. To this the town replied that the plaintiff was not using due care, and in fact he did not receive the alleged injury claimed, in the manner as stated.
Two boys, who saw the occurrence, testified that the plaintiff stopped his team, and after examining the load, stepped upon the rave of the sled, and turned to the right and started up, upon which his load was overturned. To another party, who came up shortly after, the plaintiff stated that he was not hurt. The testimony of other witnesses, who examined the track of the runner in the snow, went to show that the boys’ story was true, and that the plaintiff was mistaken in keeping the road, and his getting off the hard track and his endeavor to drive back into it, occasioned the overturn.
The defense also argued that the plaintiff had no claim against the town, and never thought of such a thing himself for over a year after the accident; and in proof of this theory, they showed that the plaintiff said, some time ago, he should have to ask the town for pay for his sled stakes; and again, about a year after, he made a demand on the Selectmen for $100, for injury to his chest or side, while his claim now was for injury to his leg or hip.
The court ruled that unless the defect was the sole cause of the accident, the town was not liable. Verdict for the defendants. S.T. Field for pl’ff.; D. Aiken for defense.
Lyman J. Wait vs. Justin Thayer et al. - This action was brought to recover the payment of a promissory note held by the plaintiff of Greenfield, dated Nov. 1, 1872, for $1000, and signed by S.F. Warner, with the endorsement of Thayer, Sargent & Co. of Northampton. The real defendant, however, in the present action being Gen. Luke Lyman of the latter town, who, as well as Warner, composed the company of the endorsing firm...The whole case was narrowed to the single question of the circumstances under which the note was taken; it being conceded by all parties that the proceeds were used for Warner’s private benefit...Verdict for plaintiff, amount $1281.67...
Mary M. Hillman vs. the Inhabitants of Charlemont - This was an action of tort for injuries received on the highway leading from Heath Center, to what is known as the old center of the town of Charlemont, and occurred Aug. 14, 1874. The injury was received by the horse running away, and the plaintiff being thrown from the wagon, at a steep and rocky portion of the road. The injury in this case was real, the fact not being questioned by the town, and no evidence was needed of severity or permanency, the only fact to be tried was as to the liability of the town.
The plaintiff of course, made the usual allegations of want of repair or defects in the highway, and the due care used by her; while the defendants rested their case on the grounds - first, that the road was safe and convenient; second, want of due care; and third, loss of control and the vicious habits of the horse...The jury evidently came to the conclusion that the town was liable, and being liable, gave a verdict to the full amount asked. ..
The large damages given occasioned general surprise, however, from the fact that the plaintiff was understood to be willing to settle with the town before the trial for $1500. The amount will be quite an item in the future taxes of Charlemont, already very heavy (some 3%), while to these must be added a large sum on a new bridge for which the town is to pay. The present verdict is for $5000, to which heavy cost must also be added...
The following cases were disposed of without trial: Simon L. Shattuck et al. vs. John Haggerty - Judgment for plaintiff, amount $114. Frank T. Swan vs. Charles L. Sawyer et al. - Judgment on award of referees, for plaintiff; amount $1720. L. Johnson vs. Harding G. Woodard - Discontinued and settled out of court. Henry C. Willard et al. vs. Elijah Stratton - Judgment for plaintiff, amount $88. James Newton vs. Walter A. Lee - Judgment for plaintiff, amount $217.
Parker Wise et al. vs. David W. Goss - Judgment for plaintiff, amount $60. Solomon O. Poole vs. Solomon Poole - Discontinued and settled out of court. Mary Joslyn vs. William B. Templeton, app’t. - Discontinued and settled out of court. Hezekiah Andrews vs. George P. Stearns - Action dismissed. Rodney Hunt Machine Co. vs. Rodney Hunt et als. - Judgment on award of referee.
The case of Chandler A. Vincent vs. the Inhabitants of Rowe has been on trial during the last two days of the week, and will be given to the jury today. The action is one of contract, to recover for building a road in said town. The plaintiff claims that he took the piece of road to build, according to certain conditions as to time, etc.; that he performed his part of the contract and now wants his pay therefor. The town deny the claim, alleging that the conditions were not complied with, by which a good winter road was to be made by a certain date, and the same afterward completed for acceptance by another fixed date...
The contract was all oral, and it required a large number of witnesses to ascertain what it was, and whether it had been executed to the satisfaction of all people living in that vicinity. The only remaining cases are those of Edward A. Robbins vs. John T. Fitch et al.; and John Butterworth vs. S.W. Hall et al. and Trustee; but the trials to be had before the Judge will take the most of the week. The term will be the largest for years.
Gazette & Courier - Monday, August 23, 1875
The second week of the Superior Court was opened at 10 o’clock Mon. The jury in the case of Peleg Adams vs. John Single, and the countersuit of Single vs. Adams, brought in a verdict on each action separately, viz.: In the former for Adams, amount $522; and in the latter for Single, $808, giving a difference in Single’s favor of $286.
The criminal cases were then taken up before the second jury as follows: Timothy Sullivan of Greenfield, on two indictments for larceny. The transaction itself was so lately chronicled that it is unnecessary to repeat it here, but simply to state that the defendant is the party who carried off Conductor Tharp’s clothing, and A.N. Hull’s shoes from the Mansion House. He was found guilty and sentenced to two years at the State Prison at Charlestown; two days solitary. District Attorney for Commonwealth.
Patrick Fraine of Charlemont was tried on two indictments. One for arson and another for larceny from the building, both being tried at the same time. The first charge was for the alleged firing of the Zoar depot last March, and the second for stealing from the same. The defendant worked upon the railroad at the Tunnel and boarded at Zoar. The parties with whom he boarded testified that Fraine came home the night of the fire at 5 minutes before 9, and the alarm was given about half past 9.
The defendant, who had no council, cross questioned the witnesses with considerable shrewdness, and brought out from the depot master the fact that some railroad men were in the depot during the eve; the west end of which was used as a store, and that there was a large fire in the stove, so much that some of the party complained of the heat, but it was claimed that the fire was out, or nearly so, when the store was closed.
The party who lived near, and who seemed to have discovered the fire first, described it as wholly confined to the southwest end, or store part, and there seemed to be no fire in the rest of the building. The evidence seemed very small to hold the defendant on the charge of arson, and the verdict of the jury acquitted the prisoner at the bar therefor.
On the allegation of larceny, the evidence was more conclusive, two witnesses testifying to the defendant having pennies and 5 cent pieces in his pockets, some being in a pocket handkerchief and others done up in a pair of stockings in the defendant’s coat at the place he boarded. On this charge he was found guilty and sentenced to 2 years in the House of Correction at Pittsfield. District Attorney for Commonwealth.
Marshall H. Porter of Williamstown and Henry Smith of South Deerfield, for larceny, and the former also for receiving stolen goods. The defendant, Porter, a dark mulatto, who gave his age as 30, said he was visiting at South Deerfield. He claimed to have had nothing to do with the larceny, but said the articles found on him were given him by Henry Moore, although he acknowledged he knew they were stolen.
It appeared by the confession of Smith, who is a bright colored boy of about 16 years of age, that the larceny alleged consisted in entering the store in the building connected with the Bloody Brook House at South Deerfield; the boy Smith watching in the shade of a large elm tree in front of the store, while Porter and Moore entered the store by the bulk-head and did the stealing. The articles taken were 2 or 3 watches, a revolver, candy, some currency and silver coin and other miscellaneous items.
Henry Moore, indicted with the others for the larceny, was bailed by his father, an was not on hand to be tried with the others. Porter and Smith were found guilty and sentenced each to 3 years at the House of Correction in Pittsfield; District Attorney for Commonwealth, A. Brainard for Smith. A bench warrant was issued for the arrest of Henry Moore, who has become scarce in this region since the time he was required at this court to plead with the others to the alleged burglary.
George Doolittle of Greenfield, for assault and battery. The present case came up on an appeal from sentence of the magistrate. The said assault and battery was made upon H.E. Keuran, while visiting the Mansion House, the defendant being keeper of the hotel. The case was virtually decided on the testimony of Doolittle himself, who, after detailing the fact of seeing Keuran passing back and forth through the bar room to the wash room, had ordered Keuran to leave and not be hanging around there, to which the reply was made that he had as much money in there as the defendant, and should go when he got ready, at same time drawing a pocket knife and threatening bodily harm if he was put out; upon which the defendant struck him with his fist, and as he was going out struck him two more blows.
The fact of any knife being drawn was denied by Keuran, who also said he had no such knife as described with him at the time. Several witnesses detailed the facts as they saw them, several testifying they saw a knife in Keuran’s hand, but the court ruled that even if there was any justification for the first blow self defense did not require the others, and according to the defendant’s own testimony, the said blows were given when Keuran was getting away about as fast as he could. Verdict of guilty. Sentence deferred. District Attorney for Commonwealth, A. DeWolf for defendant.
The case of Michael Moran for larceny came up on appeal from a magistrate’s trail, and on motion the complaint was quashed for informality. D. Aiken for defendant.
Frank P. Bell of Coleraine for assalt and battery had a lengthy trial occupying the most of Thurs. The alleged assault was made with a shovel upon George H. Phillips, one of the Selectmen of the Town, and also another assault upon Newton G. Lake, who was with him at the time. The defendant has not lived very peaceably with certain of his neighbors for some time, and probably dates back to the adultery case of a few years ago, at which the present defendant was one of the parties.
The present difficulty seems to have arisen about one Joshua Fairbanks, a town pauper, at the time living at Bell’s house. Mr. Phillips testified that he went to the defendant’s house, either to get Fairbanks or to notify defendant that the town would not pay for his support. Upon which the defendant ordered them away, using abusive language, and that afterward he came out armed with a shovel and not only assaulted them with his fist, but struck at them with his shovel, and finally thrust the shovel against Mr. Phillips, knocking him down.
All this the defendant denied. The jury, however, found the "Christian Hill" defendant guilty. when the time for sentencing arrived, Bell had departed, he having been on bail since his preliminary trial before the magistrate. His bail was called and defaulted, and a bench warrant issued for his arrest. District Attorney for Commmonwealth, C.C. Conant for defendant. This closed the criminal cases and the civil list was resumed with.
Joseph H. Hollister vs. Quincy Mutual Fire Insurance Co. In this case the plaintiff claims a sum due him on a policy in said company. The company, however, defend, alleging that the plaintiff has no claim on them, as he had failed to pay an assessment made in the required time, and his policy had consequently lapsed to the company. The court ordered the jury to return a verdict for the defendant, upon the law involved on an agreed statement of facts, and the case goes at once to the Supreme Court on the questions of law. C.C. Conant for plaintiff, D. Aiken for defendant.
Edward E. Coleman et al. vs. Loren S. Bartlett et al. - This was an action of contract for the recovery of the price of a turbine water wheel, made by E.E. Coleman & Co. of Shelburne Falls, for Loren S. Bartlett & Son of Northampton - the value of the wheel, worksetting the same and interest, amounting to $567.
The wheel in question was put into the mill some 2 years ago, and the contract therefor, the defendants allege, was that the plaintiffs agreed to put in the said wheel and to warrant it to work to the satisfaction of the defendants; that it should use less water and give more power than the wheel they were then using; but after trying the wheel for some time, with the same water as on the old wheel, found they got less power and could not operate the mill; and that on notice given of these facts to the defendants, they endeavored to remedy the defects, but still it did not work to their satisfaction, and they therefore refused to pay for the same.
The case was very thoroughly heard and a great amount of evidence introduced to show the conditions under which wheels are usually put into mills, the nature of turbine wheels in general, and much other matter relative thereto - of interest, perhaps to mill owners, or to the relative value of turbines and the conditions necessary to their successful working; but as a whole, the general interest in the case was not so great as in many others. Verdict for defendants. S.T. Field for plffs.; DW. Bond & H.H. Bond for defts.
Lyman J. Wait vs. Justin Thayer et al. - This case was partially presented to the jury, but was suspended to enable counsel to go to Brattleboro to take the deposition of S.F. Warner. The action is on a promissory note of $1000, given by Warner and endorsed by Thayer, Sargent & Co.of Northampton, Mr. Warner being at the time a member of the above named firm. The case attracts considerable attention on account of several nice points of commercial law involved.
While waiting for the taking of the deposition mentioned, the case of Joel R. Davenport vs. the inhabitants of Coleraine was taken up before the same jury. This action is for injury alleged to have been received by the plaintiff while traveling on the highway in said town. The case is still on trial.
The cases of Mary M. Hillman vs. The Inhabitants of Charlemont, and that of Chandler A. Vincent vs. The Inhabitants of Rowe stand next in order of trial. It will probably take the most of the present week to finish up the cases still standing for trial.
Spending a few days with friends in Rowe (which by the way is one of the pleasantest towns in the State) I attended an entertainment at "Ford Hall", gotten up by F.M. Bicknell and George Ballou, assisted by the young people in the vicinity, for their own amusement and instruction and for the benefit of the ladies' sewing circle, consisting of songs, tableaux, pantomimes, etc., which as a whole was the best I ever saw, outside the walls of a first class theater.
The performance commenced with an instrumental overture, after which "Villikens and his Dinah" was acted to perfection, followed by songs, tableaux, and a dialogue by 6 young ladies, which was well acted and which received much applause. But the main feature of the evening was the pantomime entitled "The Haunted Hotel", occupying about an hour in its performance. The costumes were faultless, the acting was perfect, and the slight of hand tricks [i.e. sleight of hand tricks] and transformations which frequently occurred throughout the piece, would have been creditable to a professor of legerdemain...A Friend to Home Talent.
Gazette & Courier - Monday, June 7, 1875
Probate Court record
Greenfield - Administration granted - on estate of Dr. David Bradford, Montague, L. Merriam, Greenfield, Adm'r. with the will annexed; David Nelson, Coleraine, S.B. Slate, Greenfield, Adm'r. Wills proved - P. May Buddington, Greenfield, Charles T. Nims, Greenfield, Ex'r.; George Childs, Leyden, Elvira L. Childs and P.T. Darling Jr., Leyden, Ex'r.; Sarah A. Stone, Whately, Thomas Sanderson, Whately, Ex'r.; Caroline Williams, Deerfield, George Wright and Hannah B. Jenks, Deerfield, Ex'rs.
/ Accounts rendered - on estate of Benjamin Davis, Montague, Ira Payne, Montague, Samuel W. Graves, Leyden, Sylvester Sears, Rowe, Achsah Hayden, Gill, S.P. Wells, Deerfield, A.M. Kingman, Deerfield.
/ License granted to sell real estate - of Eugene Y. Bixby, Sunderland, David Scott, Whately, Lucy Webster, Northfield. Widows' allowance - Made in estate of Eugene Y. Bixby, Sunderland, $125; Mortimer Potter, Deerfield, $97.25; Ephraim E. Robinson, Sunderland, $500. Inventories filed - in estate of Lewis L. Hicks, Greenfield, $852, Clinton S. Holton, Northfield, $1212; Mortimer Potter, Deerfield, $1097. Affidavits filed - in estate of Lewis L. Hicks, Greenfield, Clinton S. Holton, Northfield, Mortimer Potter, Deerfield, E.E. Robinson, Sunderland. Andrew J. Bond, Buckland, adopted Etta E. Parker, name changed to Bond. Name of John McCarty, Northfield, changed to John Barber. Next Probate Court at Orange on the 3rd Tues. of June.
Gazette & Courier - Monday, May 17, 1875
Probate Court record
Northfield, May 11, 1875 - Administrations granted - on estates of Fanny Delva, Warwick, Calvin W. Delva of Warwick, Adm'r.; Lucy Webster, Northfield, S.W. Dutton of Northfield, Adm'r. Wills proved - Charles F. Field, Northfield, Mary H. Field and Otis E. Field of Northfield, Ex'rs.; will of Mark Woodard, Northfield, disallowed, C. Pomeroy for the will, John A. Aiken against it. Accounts rendered - on estates of Jeremiah Harrington of Rowe, Abigail Stratton of Northfield. Affidavit filed - in estate of William Stow of Conway. Next probate court at Conway, on the 3rd Tues. of May, tomorrow.