Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1890-02-17
Orleans County Court.

The next case was International
Co. VS.. Burbank & Williams. The
claim was that the defendants had
taken and used logs found in Black
River belonging to the plaintiff COM
pany, and the action was to recover
treble damages therefor under special
statute. The jury was composed of
Messrs. Cobleigh, Dow, Bartlett,
Shedd, Stephenson, Norcross, Wheel
Ell, Mcclure, Colby, Goodrich, Rog-
ers and Skinner.
O. c.. Miller was the first witness
called. He testified to being manag-
er of the International Co; that it
was their custom to buy logs and
float them in Black River; that in
the spring of 1888 the defendants
took and sawed a quantity Of their
logs; that they sent men to Coven-
try to keep an account of such logs
so sawed. Mr.. Gilman, f. c. John
son and one Clement were used to
prove that they scaled such logs, the
aggregate number of feet being about
2i0, 900. Here the plaintiff rested,
AID the evidence of Mr.. William
opened the defense. He stated that
in the spring of 1888 they waited un-
til the plaintiff had put in their logs
before they, the defendants, put in
theirs. One Saturday night in May
he came home and found that the de-
fendant's boom in the pond had been
broken and International Co.'s logs
all mixed up with theirs, which prob
ably numbered between l 900 and
1900. During the night these went
out and new and smaller jam took
their places. Sunday, the plaintiffs
men broke this jam and run logs all
day. l was then very urgent with the
plaintiffs and demonstrated with them
to wait until we could adjust matters
and sort out our logs, but they would
not, and their logs came filling in and
piling up until there was imminent
danger, apparently, ahead, and we
were afraid the dam, mill and tene-
ment houses would go, so we remov-
ed the contents therefrom. On We'd
nesday the members of the Co. and
their employees came there and were
going to open our boom and let all
the logs out by force. An affray en-
sued which was detailed, and the re-
suit was that O. G. Miller signed an
instrument agreeing to indemnify us
against loss or damage by running
said logs. Williams also swore that
a contract was entered into at or near
that time by which it was agreed that
the International Co. should pay the
defendants for what logs of theirs
they should take and use and vice
versa. This was material point,
because if substantiated, would re-
move the taking and using from the
penal operation of the statute. The
examination of Mr.. Williams lasted
from Wednesday p. m. until Thurs
day noon.
Thursday p. m. Wheeler, Gray and
S. @. Bean testified to there being a
mill for many years where that of
Burbank & Williams now is, land also
that the point has been used for the
keeping of logs. Mr.. Burbank cor
roborated Williams version of the
affray, and testified that when he
learned that the plaintiffs logs were
coming he caused their (defendant's)
logs in the pond to be doomed, leav-
ing a space 80 feet wide through
which the plaintiffs could run their
logs easily; also that all this damage
to defendants had been caused by the
reckless running of the logs by the
plaintiffs. Trudeau was improved as a
witness to prove the injury to the
dam, etc. ,also Mr.. Hanford ,and togeth
er with Keller and Baker, strengthen
ed the evidence in this particular.
Geo. Ritchie, formerly at work for
the defendants, now at work for In
ternational Co., knew about booming
the defendants logs to let the others
by, etc.; also heard John A. Prouty
say that he didn't care a damn if
everything between Newport and
Irasburgh went out. Albert Web
ster testified to hearing Miller tell
Prouty that they had made arrange
ments to exchange logs, as heretofore
stated.
There was a large amount of testi-
mony relative TO the matter of driv-