Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1896-01-01
WINDSOR COUNTY COURT.
December Term, 1895.

of Reuben Nj. Dunkee VS.. Nettie l..
Hooper was taken up and jury empan-
elled. The plaintiff is an old man of 81,
quite feeble, deaf and nearly blind and in
other respects infrm. The defendant is a
widow. The plaintiff was represented by
Gilbert A. Davis, William +. johnson and
George l.. Fletcher; defendant was repre-
sented by Levant Nj. Read and William
w. Stiekney. On April 2, 1892, the
plaintiff decided all his property real and
personal valued at some $4,000 ON condi-
tion that Mrs. Hooper support him through
life in t,e manner he had been accustomed
to live, giving him all necessary care, medi-
cine and medical attendance when sick and
pay him $l.25 month spending money
when demanded. Matters went along
without great trouble until into 1898 when
plaintiff became dissatisfied with his treat
ment and sent for his only son, Ava Dunk
lee, who then resided in Freedom, n II.
Alva stayed 20 days with his father at Mrs
| Hoopcr's and was then ordered out of the
house. He and his father then left and
went to Mrs. Holmes, an adopted daughter
who resided at West Townshend, Vt.
Here the plaintiff remained l l weeks and
then returned to defendants after having
received a letter from her assuring him that
she would carry out her contract Things
! did not go any better in the old gentle
mans opinion and he again sent for his son
who came but was refused admission to the
house on different occasions and could only
see his father when the old gentleman could
manage to get over to the neighbors. Alva
| again returned to his home having made
arrangements to be informed Of his fathers
treatment and health. Plaintiff still COM
planned of ill treatment, that he was not
suitably clad, was not furnished with
proper food, was not furnished a warm
room i'll cold weather, and had to 90 to the
nclghaors to get warm, that the meat given
to him was full of bones and gristle and
not suitable to man with no teeth. Speci-
mems Of the bones and gristle were exhib-
tied 10 the neighbers. Specimens of his
poor clothing were also exhibited and full
descriptions of other poor garments were
given by witnesses. Plaintiff is nearly
blind and was allowed to roam around in
the winter alone and unattended and to fal
into siush and snow and get lost and have
to be rescued by the neighbors and led
i home where he received rough usage
4 Plaintiff had been an habitual smoker for
40 wears and was not permitted to smoke
in tho house and had to go to the neighbors
in cold weather to indulge in this Gas he
. claEAdl necessary and healthful habit
Moreover he claimed Slat on demanding
his 81 p month spending money he was
shaken up by one Of the neighbors who had
espoused Mrs. Hooper's cause and Mrs.
Hooper did not interfere to protect him.
The defence insisted that these com
plants were ill-founded and had their in
ceptlon in the action OF plaintiff son Alva,
who sought to have the contract rescnded
and the deed made void that the property
might descend in natural course Several
witnesses were introduced whose testimony
tended to show that after defendant and
her husband took care of the plaintiff his
Appearance improved and to several wit.
nesses he stated, as they testified, that he
was well cared for and his good clothes
were shown.
The jury espoused the cause of the plain
tiff and returned verdict that he shoulC
have s45 damages and have his real estate
surrendered to him. This verdict was rem
dered on Thursday, 18th inst.
The case of State VS. j. Marston Ryder
!, was on trial last week. That proved to be
very important case. DR.. Ryder has
been confined in the jail at Woodstock fol
about / months on charge of murder
!, ING the new born child of Mrs Cora Smitl
of Rochester on the 9th day of October
, 1894 The result shows that the charge
was groundless and much Indignation is
+ expressed that so great wrong should
have been inflicted upon the doctor. Th,
!, jury were only absent from the court room
, 20 minutes and returned verdict of no
. guilty and Dir. Ryder walked out of the
court room free man, receiving the
hearty congratulations Of the large body o
friends that he has made since his stay il
Woodstock and especially from day to day
during the progress of his trial.
This trial began on the afternoon o
the 10Th inst and closed with the yer
dict of not guilty on December oath at
p. NJ. The case was argued by State
Attorney j. C.. Enright and w. B. c
Stickney for the state and by Gilbert A
Davis and James j. Wilson for the re
fl SD0nQcHl- Ouugc nOWell ucHNtTcu I'LL iii
\ \ partial and comprehensive charge occupy
: ing about one hour
The court at the conclusion of this tria
= took recess until Thursday afternoon; Oh
re-assembling on Thursday no case wa
r found to be ready. On Friday, the 9th
u the forenoon was occupied with the trial @
" state vs.. John w. Armstrong, an indict
: ment for assault on Ransom Slack at Nor
9 wich on October 81. 1895. The partie
were alone at the time and each accuse
the other of having commenced the assault
1t appears however that Mr.. Armstron
:. came out of encounter unframed but Nh
/ Slack came out with one arm nearly broke
d and his arms head and body badly pound
'f ed and he produced the broken club wit
: which the injuries were inflicted. State
$ Attorney Enright represented the state
o. w. B. c. Stickney and w. f. Johnso
.i represented the respondent. A verdict {
Is guilty was returned after an absence of owe
T, seven hours and the respondent was fine
a 800. Eli Boudon retracted his plea {
Is not guilty and plead guilty to two ii
"a dictments, charging him with assaults O
N Mr.. WEBSTER and Mr.. Tenney at Windso
n G.. A. Davis and w. f. johnson addresse
IN the court asking for clemeney in the ma
ter of the sentence. He was remanded ft
sentence. In the afternoon of Friday
Mr.. Green of Rochester was put on tri