Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1891-03-20
WINDHAM COUNTY COURT
MARCH TERM, 1891.
The Case Of Watson n. French W. =.
~. Ware and Othera.

trespass Tor assault and battery, the plain
tih laying his claim at two thousand dollar,
damages. The plaintiffs evidence tended
TO show that in July. 1889, his wife took
her child Of two years and went to defend
ant John II. Wares and refused TO return.
That a few days thereafter, about 9 O'Clock
in the forenoon, he went to said Wares
house, and finding the child outside he
seized it and started down the road towards
the house he was occupying, with his sister
as housekeeper That John Ware came
out Of the hay field into the road ahead of
him aud ordered him to put the child down.
lie told him the child was his and he had a
right TO it, and that Ware must not med
die with him. That Ware called to the de
PENDANTS, Twitchell and Jennison, and two
others, a Mr.. Dunham and Mr.. Woodward,
who we're at work for him, to come and help
him. That when he saw them coming he
left the highway and jumped over the wall
INTO another lot, and tried 70 escape them
and get TO his own house. That as he left
the road Ware picked up a stone in the
road, caught hold Of his coat with his left
hand and with the stone in his right hand
struck him a severe blow just back of his
right ear and near the base of his brain
Then when in the lot he was surrounded
by the persons above named, and defend
ant Joseph b. Ware, the father of John II. ,
who came running from the house. They
threw him upon the ground with great vio-
lence, pounded him in the face kicked him
in the side and upon the lower part of the
abdomen. They procured ropes and straps
aud bound him hand and foot, and then
| again kicked and pounded him. That his
head ached severely his face was bloody
/ he became feverish and begged for water
and to be released, but defendants refused
him drink or TO release him, and threatened
to hang him upon the nearest telephone
pole. About II o'clock the constable and
deputy sheriff came, took him in a wagon
bound and carried him TO a hotel in Towns
hend, where he was complained of for an
assault on John H. Ware, and the next
Tuesday put under 5000 bonds That ever
since that time he had experienced frequent
fainting spells, and a disturbed condition
of his heart that in the affray he had one
or more ribs broken, the cartilages CON
Meeting some Of the ribs to the breast bone
were disconnected, and he had been una
BILE to do any hard work since and had
suffered much pain. That his doctors bills
amounted to about 1854, paid to Drs. Ken
yon, Milngton, Woodward, Webster, Pratt.
Gray, Burnett, Dix, Weston and others
who had treated and examined him
The evidence on the part of the defend
ants tended to show that John II Ware
was overseer of the poor of Townshend,
and that during the night of June 29th the
wife of plaintiff with a young child, came
to his house and begged admission, and pro
lection from her husband. He took her in
and soon plaintiff came to the house and
demanded his wife and threatened that if
Ware harbored her he would kill the whole
Ware race and his wife also. Ware order
ed HIM away, and after while he left,
swearing and threatening vengeance Some
days after this he stated to others that he
would have big revenge" on John II.
Ware, which threats were brought to Wares
knowledge. That July -, French went
to Wares house. seized the child and start
ed down the road that the other children
and the women at Wares house ran out and
screamed Murder. murder" which John
h. Ware heard as he was coming out of
the lot towards his house. He saw French
coming towards him as he got into the road.
and he called ON him to stop and tell him
what he had been doing at his house. That
French crossed the highway and came rush
ing towards him, looking like a maniac,
with the child on his left arm, and in his
right hand he held a revolver, which he
pointed at Ware, and said, Get out of my
called to his workmen to come to his assist
ance, whereupon French turned and start
ed to cross over the wall into the lot on the
opposite side of the road, stumbled and ran
against the wall, gathered himself up and
got over into the lot. Ware followed over
the wall little below him. intercepted him
and French struck him across the arm with
the revolver, upon which Ware seized hold
of the barrel of the revolver with his left
hand and French's throat with his right
hand, demanding that he tell him what he
had been doing at his house About this
time Twitchell arrived seized him by the
arm aud wrested the revolver from his
grasp. Mrs. French appeared and took
her child from him, and Dunham, Jennison,
Woodward, Deacon Ware, Hugh Holbrook
and others soon came up. Twitchell seized
the legs of French from behind and threw
him forward and down upon the ground,
Both Deacon and John Ware cautioned
those about not TO strike or hurt French, but
they held him down Notwithstanding his
violent struggles until ropes and straps
were procured and he was bound and kept
bound until the officers that had been sent
for arrived and took him away. That no
one struck or kicked him, or threatened to
hang him to a telephone pole, or in any
manner injured him, nor was he injured at
all unless it was by reason of his struggles
while he was on the ground, that he re-
ceived some slight scratches, but nothing
of a serious nature. That no ribs were
broken, nor were the cartilages connecting
the ribs with the breast bone disturbed
That he had for several years previous
thereto suffered from an Inflammation of
the kidneys, disturbed condition of his
heart and a lameness of his left side, for
which he had been treated by physicians,
and had been unable to lift heavy weights
or perform hard labor of any kind That
soon after this occurrence there were no
indications of any serious injury by reason
thereof. A large number of physicians
were in attendance as witnesses, and the
case excited no little interest.
Dr. Burnett of Hinsdale, n. H., called by
the plaintiff, gave testimony that in July,
1890, he examined French and discovered
that there was disunion of one or more of
the costal cartilages of the left side; and
Dr. Gray of the same place that he Oh
served evidence that two of the ribs of the
left side had been at some time fractured.
Dr. Kenyon of Townshend, who examined
him soon after the alleged injury, testified
that he discovered several discolorations
and evidence of bruises about his left side
and the lower portion of his abdomen. DR..
Woodward of Londonderry discovered the
same dscolorations about a week after.
Drs HOlton OF Brstteboro, and Terrill
of White River junction, physicians called
by the defendants, with Dr. Kenyon, one
of plaintiffs witnesses, made a careful eX-
animation of the plaintiff at the hotel during
the progress of the trial and after the
plaintiff physicians had testified, and they
were unable to discover that there had ever
been fracture of the ribs or a disunion of
the costal cartiages. DR.. Terrill, who re-
sided in Townshend in July, 1889, was the
first physician who saw French after the
affray and he discovered no marks upon
his person except some slight scratches
upon his face, and a discoloration upon one
hip Both Drs. Holton and Terrill testified
that had he received fracture of the ribs
in 1889 which was discover able in the sum
mer of 1890, it would be apparent at this
time, and so also in relation TO the alleged
injury of any of the costal cartilages They
did find a tenderness of the intercostal
muscles between the seventh and eighth
ribs and nearer the spine than the breast
bone, which in their opinion was caused by
some slight pressure upon the nerve in that
region, but was not of serious nature.
The court charged the jury that if the