Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-09-25
WINDHAM COUNTY COURT.
The Il. A. Clark Case---The Evidence
Furnished Yesterday---It VIII go to
the Jurv TO-morroxU.

the Jury Tomorrow.
In the case of Stillmau H. Lazell VS.. town of
Newfane, reported last week, the jury returned
verdict for the plaintiff to recoFer $500 dam
ages.
Helen b. CLARK Us. Employers Liability Assur-
Gnce Corporation, This was an action on a con-
tract for insurance against accidents. The plaiIf
tiff is the widow of Barna A Clark, late of Brat
tlebo-o, deceased. The evidence showed that
May II, 1895, IN consideration of $40 and certain
warranties made in application for insurance the
defendant issued to the said BaTna A CLARK its
policy OF insurance for one year for $1,000, con-
dtioned TO pay certain indemnity per week in
case OF disabling accidents, and the full amount
TO the widow in case of death resulting from ac-
cidental cause: That he was insured as ''um-
Der merchant in preferredclass. The plaintiffs
evidence further tended to show that for many
years up TO spring OF 1893 he had been engaged
In the hardware business, but that in the spring
of 1898 he commenced the business of numbering
in company with one Henry Liscom and contin-
ued therein up TO the date oId st, death. That ha
perfoy-pU casoy Unf.tbe meness and 1>lt devot
books, etc. That Sept. %, 1925, he leh;rnishLs
boro village with horse htched into an Gng tAa
wagon and drove to his sons farm on the "Ames
hill" in Marlboro, gathered some suntiower seeds,
did some chores about the place, loaded into his
wagon some barrels of BINDINGS, few large
sticks of wood, a box of chips, wheelbarrow, a
hen which he put in bag and started for home.
He was seen at the place by Mr. AmeE who
was also there'about o'clock, when he was ap-
parenty well and all right.
About O'Clock hls body was discovered In the
highway utdu, Els morse browsing on the uuutT-
| brush few rods below. Evidence was given
tending to show that he had stopped and watered
his horse at a tub about 20 feet above where the
body was found, that he also had the tin drinking
cup in his hand, and had thrown II aside. That
| from footprints made by the overshoes he had on
| he had apparently started away to overtake or
| stop his horse, which was an animal that did not
stand well, and in the attempt he slipped and fell,
the end of the Off shaft striking him near the left
eye, making a serious confusion, and that he fell
| in such way that the off wheels passed over his
| body-the forward one near the breast bone and
| the hind wheel over his neck. Two days after, an
| autopsy was made by Drs Ketchum, Conland and
| Webster, who found that his death was due to an
effuson of blood at near the base Of the brain.
| Evidence wasi also given by Drs. Ketchum, Law
| ton, Gale and Prof. Wech, dean of the medical
| Nd, tending TO show that this effusion bf blood
was caused by violence of an accidental charac-
ter.
The evidence of the defendant tended 10 show
| that at the time Clark insured ami at his
| death his employment was that of farmer ol
supervising farmer. That as a farmer the 81
paid would purchase but S2666 GO insurance iI
case of death by accident, and as a supervisine
farmer it would purchase but $4,000 Thfr evi
dence also tended TO show predisposition 4
family to apoplexy, and Drs. Webster andNCO
land testified that in their opinion that bis deatl
was caused from a spontaneous effuson OF blooS
| found upon the brain. In other words tha
| his death was the result OF spontaneous efusioI
| of blood and not from accident,
The case is still on trial and will undoubtedly
| last the rest of the week. IL is heard before
struck jury under the provisions of Vermont Stat
utes, sections 1l343S. Waterman, Martin & Hit
| and Haskins for plaintiff. Fits John Lowell, jr.
and John A. Blanchard of Boston for the defend
ant