The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1897-09-15
In Chancery,

The suit of Thomas w. Wood against the
Montpelier Public Library Heard Be-
fore Judge G. II. Darling Special Mas
ter-History OF the Case and Synopsis
of the Evidence.
Thomas W. Wood against the Montpelier
Public Library Association was begun last
Thursday morning before Judge q. ID. OAR
| ling OF Bennington as specia al master In chan
| Gerry. The hearing took place in the United
States court room in the federal building;
| John n. Senter and f. l.. Laird appeared
| for the orator, and W. A. Lord and +. A.
| Rowland for the Montpelier Public Libra
~. The bill OF the orator was first read by
John Il. Senter and the answer for the de:
these documents fill about fifty pages OF
| typewriter matter, and the answer OF the
defendant is in the main general denial OF
the claims Of the orator.
The facts which led up to this case are
| already we'll known to the public. The
Montpelier Public Library at its annual
meeting held in March, 1895 voted to move
| its books to the rooms OF the kellogg-Hub-
bard Libary and merge the library with that
institution for period OF ten years or
more, provided that satisfactory arrange
ments could be made with the trustees OF
the Kellogg. Hubbard Library. T. W. Wood,
| the orator in this case, took out an lnJunc-
ton restraining the Montpelier Public LII
brary from so doing, on the ground that
such action would break contract made
with him and with the Young Mems Chris
| tian Association when the Wood Art Gal
| lery was founded in the rooms on the sec
! ond story of the Vermont Mutual Fire In
surance Company's building, now occu-
[ pied by G. H. More & Co. In his bill the
orator claims that not only would this con-
tract be broken by such arrangements but
| that it would be a great money damage to
him and to the Young Mems Christian
Association.
T. W. Wood was the first witness sworn.
He testified that he had had in contempla-
ton before March IS, 1895, the establish
ment of an art gallery in Montpelier; that
he did, through the Young, Mems Christian
Association, make a proposition to the
ceived word that his proposition was &C
cepted. After he had been notified OF the
acceptance of this proposition he framed
and shipped to Montpelier number OF pic.
| lures which were placed in the charge OF
the librarian Of the Montpelier Public Lii
| brary. He had never received notice from
| the Montpelier Public Library that he had
| not carried out his part of the contract.
| Mr. Wood further testified that the pictures
now there could not be reproduced Tor
| $50, 0CO.
j. g. Houghton testified that March IS,
| 1895, he was a stockholder and secretary of
| the Board OF Trustees OF the Montpelier
Public Library. Mr.. Houghton verified the
records of the Association at the annual
meeting of that date, which were placed in
evidence, and testified that he commune
Gated to Mr.. Wood the result OF that meet
| ing and that Mr.. Wood at once sent on the
pictures; that the collection OF pictures was
| placed in the charge OF the librarian, who
collected the fees, sold catalogues ana turn
ed over the proceeds to him. Mr.. Houghton
testified that the trustees made report to
the town OF Montpelier OF what had been
DONE and that the books of the Montpelier
| Public Library were moved to the Young
| Mems Christian Association rooms within q
week Mr.. Houghton described the past
and present location of the art gallery and
library. He testified as to the correctness
of the records Of the proceedings OF the an
nual meetings OF the stockholders OF the
Montpelier Public Library as long as he
was secretary.
At this point Mr.. Senter offered as evil
dence visit by the master to the former
and present home Of the Montpelier Public
Library and the Art Gallery, and an ad-
journment was made for that purpose. Mr..
Lord stated that he also offered as evidence
a visit OF the master to the Kellogg Hubbard
Library. On re-assembling Mr.. Senter of.
fered in evidence the records OF the Young
Mems Christian Association before and
after its incorporation. This association
was incorporated January %, 1896.
Charles II. More was next called. He
testified that he Is president OF the Young
Mems Christian Association, that he was its
first president, and has held that position
since the organization Of the association in
Montpelier, both before and after its in
corporation. Mr.. More admitted that there
was no record Of the merging of the organ
lied society into the present incorporated
body. At this point recess was taken I'M
til Friday morning.
The hearing was resumed at nine o'clock
Friday morning A copy of the constitu-
ton and bylaws Of the Young Mems Chris
tian Association was offered by Mr.. Senter.
1t was conceded that on March IS, 1895. at
the time the alleged contract was made with
Mr.. Wood, the Montpelier Public Library
was not free institution as it is at the pres
ent time. After July l, 1895, 1t was made free
to the public, and has been ever since.
Counsel for the orator here rested.
! @. III. More was recalled by Mr.. Lord.
He testified that the title deed to the new
home OF the Young Mems Christian Asso.
citation is in the hands of that association.
Col. Fred Il. Smith was sworn. He tes-
titled that on March, 10, 1895 he was pres
ident of the Montpelier Public Library AS
ISOLATION, and had been since that time. He
was unable to state how many shares Of
stock in the Montpelier Public Library was
held March IS, 1896. After the meeting of
that date he became aware that Mr.. Wood
had placed collection of pictures in the IL
brary rooms. The board Of trustees never
had any official notification that such an
art gallery had been placed there. AS pres
ident Of the Montpelier Public Library AS
soclation ne never had delivered TO him Of
ficially any collection OF pictures. He never
had any knowledge that the keys of the art
gallery were in the hands of the librarian
Of the Montpelier Public Library. Had
never given Miss Willard, the librarian, any
instructions regarding the custody Of the
art gallery. AT the meeting held March 16,
1896, he was the presiding officer. The re-
port of the 1895 meeting, as shown by the
records, was submitted by him to the stock
holders. Gould not remember whether &C.
ton was taken. The morning following
this meeting Miss Willard resigned as IL
brarlan. No key OF the art gallery was
J turned over to him by the retiring librarian