Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1894-06-01
TO FISH OR NOT TO FISH.
That's the Question Before the
Marlboro People.

Trial of the Suit Apoiust I.eorue Matt,,r
---the Jury Dissgr.. aud m. 90.
49,. ., "a. ,,.,.....'- -.
-,
o''''S i"'"i''"'
Inc hrst OF the Marlboro South pond
trespass cases was tried Tuesday afternoon
and evening, in the lower town hall. before
Justice VIM. >. Newton and jury CON
ssilng OF T.. {. Crosby, II. /. Emerson.
j. Il. Thomas, j. NJ. McQuaide. George J..
Selleck and c. W. Putter. j. L. Martin
and Geo. i. Hit appeared for the plain
TN New England Trout and Salmon club.
and j.. w. Stoddard and s. 7. Davenport
loI the defendant GEO. Mather The
case was SET for o clock a. NJ. but there
was deiay IN getting a Jury. -Four jury
men We're quickly secured, but IL took Zee
peated trials before two other men could
oe FOUND VINO mad not expressed or formed
@ pleludlced opinion.
IN opening the case Tor the plaintiff
New England Trout and salmon club
Lawyer Hit read deeds or copies OF deeds
from Ezra and Eliza Ames. Elias Prouty
Alonzo II. Thomas. Emma +. Whitney
and Levi Moore, conveying TO the club the
strip OF land, four rods wide. around the
pond, and showing the claim of title,
AL OF these deeds contained the special
concluding phrase or provision. And also
meaning to convey all the land / own
which is at any time covered by the water
OF said Marlboro South pond, and all my
right, title and interest in said pond
Bradley HoughtOn, who has charge of
the cluo property, was the tirst witness
called. lie testified that there was wire
fence OF three strands entirely around the
/ pond. four rods from the shore Notices
were posted torbidding hunting. trapping
and fishing. George Mather, the defend
ant, and Irving Mather fshed on the pond
III a boat May O. He first saw them be-
tween and in the morning and they re-
manned till nearly night. He saw Mather
catch two fish. No damage was done to
! the fence or other property where they
came on TO the pond. None of the land
about the pond is cultivated.
/ Dr. Bowen, who was next called, show
ed on diagram which he had drawn how
| the different parcels OF land bought by the
| club come together. The capital stock of
| the club is $4,000.
,. 4. Smith, a member OF the club. fish
! ed on the pond MAY g. He saw Mather
! and his companions put their boat in the
water. He rowed out near them and asked
! II any any one III the boat was a club mem
/ Der. Geo. Mather answered that he "didn't
know any damned club He admitted
| that ne had no rar,nissior IN 6sb IN
witness saw him eaten two fsb Nv Snifl,
also testified in REGARD IN the wo-l- done nv
/ the club in stocking the nond vim front
In all a very larre nunbaI had heen r,,t II,
the noDd il was asti1natod ma n tea~ o,a,
last fan when H. Ura+tiot1or, ,,a,r,,l--
was closed up. 500 pounds of trout were
/ put in the pond.
Or. Bowen recalled. testified more in
/ detail about the work of stocking the pOnd
From $500 to $500 had been expended
Geo. Mather. the defendant. was the
next witness. He very readily and cheer
fully admitted that he fshed on the pond
! Nav @. Questioned as 10 how ne GOT the
boat 10 the pond he said his son and Irv-
in- Mather took it across the Dairynple
/ land. He showed the boat under the wire
fence and then crawled under himself
/ He caught oniv two hsh-"Prcttv poor
/ luck. ] called it," MIR. Smith advised him
no, to fish and the witness thanked him
for il"
David Mather was next called by the
defence. Though now resident of Brat
tleuoro the witness had lived Within a
halt-miIe OF the South pond nearly aU his
life. To the question how many acres The
pond contains the plaintitrs counsel OBJ
/ iected. SAVING that tr. revised tisb aud