Seeley v. Chittenden
New York Supreme Court
This was an appeal from an order made by Mr. Jnstiee Willard at the St. Lawrence special term in August, 1849, granting a new trial in this cause to the defendant Chittenden, on the ground of newly discovered evidence and surprise, with costs to abide the event. (Reported in 4 Howard’s Pract. Rep. 265.) The facts of the case appear in the opinion of the court.
1Opinion of the Court
By the Court, Cady, J.
In February, 1848, the plaintiff was in the village of Hopkinton, in the county of St. Lawrence. He was armed with two pistols, one of which had on it a dirk. A number of persons were following him, seeking to arrest him, on suspicion that he had committed some crime at Champlain, in the county of Clinton; but no one who was in pursuit of him. had any warrant against him; he threatened to kill any one who attempted to lay hands on him. He supposed they wished to arrest him to take him to Canada; he made a thrust at a person by the name of Laughlin, and also at Alonzo A.…
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