Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-11-20
w1NDHAM COUNTY COURT.

Verdict for the Defendant In the MsrI-
borO south Pond Case---FinaI Adj
Journment.
The Marlboro Pond case-the New Eng
land Trout and Salmon club VS.. George
Mather,-which was begun last week
Thursday, was finally concluded yesterday
morning The plaintiff claimed to be the
owner Of Marlboro south pond and four
rod strip of land surrounding it, with sew
eral acres of land at the north end, by vir-
tue of deeds to it acquired IN 1889 from
surrounding owners; that they had en-
closed all this with wire fence, and prop
erly posted IL; that the defendant, in May,
1894, wifully entered the enclosure and
upon the pond and fshed. The amount
of damage involved was very small, but
this is the test case, hence, the great inter-
est which has attached to It. Sxty-six
deeds were introduced by the plaintiff to
show title, and the club further undertook
to show title by prescription. The defend
ant admitted having entered and fished as
charged, but claimed that the point where
he entered was public right of way, &C.
quired by long usage, and that the club
had no title to the pond, in fact, and fur
ther, that the waters are boatable within
the definition given by the supreme court,
and therefore public. Fifteen or 20 wit
nesses we're introduced by the defendant to
show the use of this path or roadway where
Mather entered, the depth and size of the
pond, and its capacity for boating. Testi-
mony was introduced tending TO show that
the pond was used for rafting logs more
han 40 years ago; that 1t was capable of
easily floating 20-foot sail boat, and boat
as large as that carrying at least 20 persons
a hat ha
water was from 10 TO 35 five feet deep over
large portion of the pond. The defend
ant also claimed that the deeds introduced
by the plaintiff did not show a record title
from the original grant to the club, and
the court so held. And further that the
deeds to the club did not include any por-
tiOn of the pond. The jury, after being
out about one hour, Thursday morning,
returned a verdict of not guilty, and also
found special verdict TO the effect that
the waters are, in fact, boatable, and that
the pond where the defendant crossed the
four rod strip is a public way. Waterman,
Martin & Hit and j. X. Batchelder for
the plaintiff. G.. G. Fits and l.. NJ. Read
for the defendant.
The case of Boyden, administrator,
against the Fitchburg railroad company
was argued before the court upon the ques-
tion Of pleading. Decision reserved.
The case of Crosby d Adams VS.. village
of Brattleboro was heard upon the com
missioners report. Decision reserved.
In the case o. X. Garfield, administra-
tor, VS.. Rutland Fire insurance company,
Sherman IL JENNIE trustees, there was
hearing on the commissioners report as to
the trustee in the case. Decision reserved.
In the insolvency case against Beatty S.
Balestier, the decision of the court below
adjudging Balestier an insolvent was af-
firmed. The Williamsville divorce case
was continued. There was hearing upon
the petition of Emma A. Prouty VS.. j. w.
Prouty for an additional allowance for sep
arate support. The allowance, which has
been IS per week, has been increased to
$40 per week.
The following divorces were granted:
Walter Wilder from Fannie NJ. Wilder;
Eta l.. Clifford from Russell c. Clifford
William B. johnson from Elizabeth John
son; LAME +. Doty from Fred Z. Doty;
May Doolittle from Merton A. Doolittle,
all for intolerable severity; Andrew F.
Boomer from Mile May Boomer for adul-
terry; Georgianna b. Elwell rom Frank F.
Elwell for refusal TO support.
Final adjournment was reached last
evening.