Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-03-19

WINDHAM COUNTY COURT.
A Compromise In the Barker WIN Case
Company Cnse---CriminaI and Court

A Compromise in the Barker WIN Case
---Verdict by the Court In the Granite
Company Cnse---CriminaI and Court
Cases.
e. r. Guild erecuirir, rs. RoJcrt.H FOiger.
| apt The trial Of this was begun last Fl iday
morning. and was an appeal from the decision Of
the probate court allowing certain instrument
| to be the last will and testament of Martha Bar
ker. late Of Brattlcboro deceased. The defendant
pleaded that said instrument was not the last will
Of said Martha Barker, in that it was never law
fully executed and published by her as such
/ Second that the said Martha Barker at the time
/ OF its execution had not sufficient mental CapaC-
ity to make her will and third, that She was un-
| duly influenced to make the will as she did by
others
Friday and Saturday were taken up with wit
| nesses for the prepayment, whose testimony tended
TO show that said will was duly executed and at
tested, and that the testatrx possessed sufficient
mental capacity at the tine to make the same.
The Will was dated Jan 81, 1872, and Miss Barker
/ died March, 1897 At the adjournment Of the
/ court Saturday afternoon the proponents evil
| denCe had not been closed. Monday both parties
| were in attendance with witnesses to continue the
battle on the going in of the court in the after
] noon.
! On their way to Newfane propositions for a com
| promise were made by counsel for both parties,
| and before court met terms of settlement were
| agreed on and complied with, which closed what
| promised TO be long drawn out litigation The
contestant is lawyer and Judge of the police
court of the city of Massillon Ohio. IS yeats Of
| age. He and his sister Mrs. Mary Rawson of
| Akron, Ohio, now IS years old are cousins of the
| testatrix aud the only surviving nearest Of kin.
and were entirely omitted in the provisions of the
! viii, and hence the appeal
Fits, Davenport and Read for the prepayment
! Haskins and Waterman Martin & Hit for the
defendant
The LIONS Granite Co. u.s. Totrn of Hartford
This is an action of general assumpsit. Plea, non
assumpsit and payment The evidence of the
| plaintiff tended to show that the defendant town
! entered into a contract with the Berlin Iron
! Bridge company to construct the masonry two
abutmrnts and two piers, and place an iron and
steel bridge thereon across the Connecticut river
connecting the towns Of Hartford, ' l.. and Leba-
| non, y. II according to certain detailed plans
ana specifications. and at the price therein named.
! The contract was dated August /, 1895, aud the
! detailed plans and specifications, among other
! things provided that the foundation of the new
western abutment was not to exceed two feet be
| low the foundation of the old abutment then
standing and that If for any cause It should be
| come necessary to go below said two.foot line on
! which to lay the lower tier of the new founda-
ton stones the cost incident to or made necessary
! by reason Of going to a greater depth should be
paid by the defendant town. That the plaintiff
| contracted with the Berlin Iron Bridge company
| to erect the substructure or stone work Tor SAID
bridge according to said detailed plans and specitl
cations, and began work thereon about the md
! die OF August, 1895.
They first constructed the two piers in the river
ana the eastern abutment finishing that portion
| OF the work by the latter part of October They
! then removed the stone work Of the old western
! abutment and made the twOtoOt excavation in
! the earth below, when il was found and decided
| by the engineer, Prof. Robert +. Fletcher who
was in the employ Of the defendant town, that
the sandy material there was not suitable on
which TO lay the foundation stones OF said abut-
ment. Both the selectmen OF the defendant town
| and the superintendent of the plaintiff in charge
| of the work also agreed with the engineer. II
was then agreed between plaintiff and defendant
selectmen with the approval Of the engineer, that
| piles should be driven into the ground on which
! to build the mason work. Piles, consisting OF
spruce logs from one foot to - inches in diameter
! "A
- feet, sawed of water level, the entire area
! to be covered by the abutment and wing walls
the spaces grouted with cement and gravel, on
which the stone masonry was subsequently erect
! ed. That in order to drive said piles II became
necessary to build along the bank Of the river
| Golfer dams that the work might be- prosecuted
| without the Intervention Of water to impede them
in 50 doing. That the extra labor and material
| furnished, ma ie necessary by going below the
| two-foot marx below the old foundation, amount
ed to Sla5sld, for which plaintiffs had never been
| paid, and to recover this same with interest the
| suit brought
II appeared ON the cross examination of plant
ifs witnesses that an additional contract in writ
| ing was made between the plaintiffs and defendant
relative to the additional excavation the driving
Of the piles and preparing the same Tor the ahut-
ment, and that defendant had fully paid for the
same When the plaintiff rested his case Wed
nesday noon the court, on motion OF defendant,
directed a verdict to he rendered for defendant.
Exceptions were taken and the case goes to the
Waterman, Martin x Hit for the plaintiff.
Read Batchelder and Pingree for the defend
ant.
This closed the trial OF jury cases on the civil
list for this time
Criminal Cases.
state rs. Karl Lindstrom This was an informa-
ton for malicious mischief The evidence on the
part OF the state tended to show that the respond
ent came to Bellows Falls about Jan. 10, 1897,
without having any money, and Charles Lind
berg, who works in mill there and had formerly
known the respondent, became responsible for
his board at the place where he lived until he
could get work That from that time up to Jan. ,.
he secured but two days employment. That re
spondent spent the greater part OF the forenoon
with VIM Lindberg at North Walpole. y. II
where they drank a good deal of lager beer, and
on their return home drank in their room some
whiskey and cider. That evening the respondent
started for Boston to meet another Lindberg, L
whom the said Charles Iindberg had directed him
After he had left Bellows Falls the l4ndberR'
found that their clothing hanging IN their room
had been slashed with some sharp instrument
and nearly destroyed. The respondent was ar
rested in Fitchburg He testified IN his own be
half and denied touching the clothing in any man
ner whatever. 1t was shown on both sides tina
the parties were friends and countrymen and hac
had no trouble or difficulty
Verdict, guilty. Sentenced TO be confined a
hard labor in states prison for ,h one year
Ryder for the respondent.
This was the last jury case for the term.
Court Cases.
state as Charles Cor Information for an in
decent exposure of his person. Responder
pleaded guilty and was sentenced to be confined
at hard labor in the house or correction Tor ont
year.
, state rs. Warner NJ Garrett Information 70
} petit larceny Respondent pleaded guilty an
was sentenced to pay fine of $40 and costs taxe'
at SIS, making S25 in ALL and on failure TO pa
same within "a hours to be confined at hard abO
in the house of correction for three times as man
q days as the fine and costs. including costs o
4 commitment, amount to dollars.
2 Divorces.
Bertha G.. Monroe from Geo, E. Monroe for wi
. full desertion.
d THE QUEENS THANKS.
" Maj. F. w. Chids recently forwarded
y copy of his book, 1.-THE Ancients Abroad,
to Queen Victoria and has received the TO
lowing acknowledgment from the Quee
through her private secretary: