Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1881-12-23
an IMPORTANT CASE ENDED.



STEER.
The great case Of Plummer VS.. wiswell,
which has been twice tried before jury, who
each time failed TO agree upon q verdict, has
been finally settled by the parties, to the dis
gust Of the lawyers, no doubt and q large
number Of interested spectators, but without
question TO the pecuniary advantage Of the
litigants.
Last May David Plummer turned into the
pasture of Barna A. Clark q pair Of steers
coming two years old. which his father had
given him when calves. About the same time
his neighbour Ashley Wiswell, with other
stock, turned into an adjoining pasture steer
Of about the same age. Both steers were red
and each was marked, as appeared from the
evidence, with a white spot of nearly the
same size and located in precisely the same
place. The only appreciable difference in
their condition seemed to be that the caudal
appendage of Wiswell's steer had been clipped
or cut at its extreme end, while that Of Plum
mer, when turned out to roam at will over
the hills of Marlboro, had suffered no such
oontemptuous treatment. The evidence show
ed that Wiswell's steer was in the habit Of
breaking out of the pasture where he was
put, and into that where Plummers steer was
kept-for what reason did not appear on the
trial presumably, however, in search of the
missing portion of its tail. Iu July a steer
resembling both, If we may believe the evil
dence, was found dead in the Barna Clark
pastures and in the same pasture was found
on the same day, If the testimony was all
true, another steer. the exact counterpart of
the dead one, which belonged to both Plum
mer and Wiswell, respectively. Both parties
claimed ownership of the live one, and Plum
mer claimed that Wiswell agreed TO let the
steer remain where il was until it could be
properly examined by others who could iden-
tify 1t as Plummer's steer. Wiswell denied
making any such agreement, but did go to
the pasture with his posse cCmitdtuS, cap
tured the steer, took it home and cast it into
prison in his own barn. It did not appear
that this was done to prevent an escape, but
to prevent reoapture on the part Of Plum
| mer. The value Of the property when taken
was conceded to be from SIG TO $50. Plum
mer brought suit for the steer, and a jury
trial which occupied one day and night in the
month of August was had, to the great de-
| light and amusement Of large crowd of
spectators, who laughed to see their neigh
bors dance. The jury, as we have said, fail
ed to agree, Notwithstanding tho eloquent APP
| peals of Counselor j. G.. Eddy who repre-
sented the side Of the perfect tail, and Coun-
selor L. W. Stoddard, who represented the
side of the mutilated tail
On Friday and Saturday of last week the
cause came on for a second trial, before ju-
ry composed entirely Of farmers. The ser
vices of Counselors Haskins of Brattleboro
and Eddy of Bellows Falls had been secured
to assist in establishing the fact Of perfect
tail and a mutilated one, respectively. JUS
| tice Sherman presided throughout the long
trial with becoming dignity and impartiality.
Each of the six jurors looked as though they
possessed more than the average amount of
| intelligence, and paid close attention TO the
| evidence in all its details. The testimony of
Col. Fuller, Mr.. Boyden and Mr.. Cutting,
| listers of the town, was improved to show
that the plaintiff never owned a steer at all,
and so represented to them in his personal
list given in April last. This, however, was
| a failure, inasmuch as ii was pretty satsfac-
| torily shown that the steer in question, was
| included in the personal list Of the plaintiffs
father, by IN arrangement between him and
the listers that ii should be 30 included-the
| father, at the time, owing debts enough to
take out, not only his own, but the personal
estate OF all his sons.
The all important question upon which the
case hinged was a purely scientific one and a
large numer Of experts were secured-at an
enormous cost it is supposed-who testified
| as squRrely against each other, as have the
| experts upon the not moro important ques-
ton of the sanity of the prisoner, in the cele-
brated Guiteau trial now in progress at Wash
| ington. Had the caudal appendage of the
steer in controversy ever been clipped? That
was the question. When learned doctors dis
agree, who shall decidel Professors Dustin,
Thayer, Fisher and Sargent of Brattleboro,
and Prof. Squires of Guilford we're all posi-
tive that the dissecting knife had never reach
ed the tail. While on the other hand Profess
sors Akeey, Weatherhead, Estey, Starkey
Bullock and perhaps others were equally pos
tive that it had been cut of. Prof. Richard
son, who has had, perhaps, the most extern
sive practice Of them all--and whose reputa-
| ton is by no means hemmed in by state lines
| had that day made very careful and criti-
cal examination Of the tail and he was unable
to say whether it had been tempered with.
He thought it had rather more hair on 1t than
tails in general and didn't look like other
tails which had been cut of, and of which he
had had personal knowledge. Finally the
Jury and counsel were invited to personally
examine the appendage themselves, which
they proceeded to do, and some Of them, it
was observed, brought into requisition a
strong magnifying glass, but with what re-
suit never will be known, as none of them
were called to testify.
Four exhaustive and thoroughly scientific
arguments were made by the attorneys, and
the case was given to the jury, who, after q
somewhat lengthy elaboration, came into
court and announced that they were unable
to agree, and never could agree whereupOn
they were discharged and the cause contin
ued for another hearing. The friendship and
zeal of their neghbors, the testimony Of
learned scientists, the supreme majesty of the
law, having failed to determine after two pro
tracted hearings and a probable expenditure
of 500 on each side, the all-important ques-
ton regarding the tail, the parties got togeth-
err, and, it is understood, made private set
Element, each agreeing TO pay forfeit of s.
| 10 kl,a 9TH he uhn,,II Ia 20 a
vulge the terms of settlement.