Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1897-09-18
Windham County Court.

Windham County Court.
A Jury was empanelled Tuesday after
noon and the case of Nora A. Touhill VS.
John Thayer placed on trial. This suit
was brought to recover damages to the per-
son of the plaintiff by being Knocked down
by team in Brattleboro village. The evil
dence of the plaintiff tended to show that
on January 80, 1896, while crossing Main
street in Brattleboro on her way from her
home to the factory Of the Brattleboro
Overall company by whom she was en-
ployed, she was struck by team owned
and driven by the defendant who is a Gull
ford farmer, knocked down and rendered
insensib!e; that she was picked up and
carried into nearby grocery store, where
she was attended by physician and after
wards carried to her home where she was
confined for period Of three weeks; that
been unable to perform full labor and was
still under care of her physician with a
prospect that her injuries would prove per-
manent that the defendant was driving at
a reckless rate of speed when the accident
occurred and was looking backward to
whip some boys off from his sled and that
she was in the exercise OF proper care in
crossing the street at that time. The de-
PENDANT made the claim that plaintiff was
not struck by bis team but received her in
jury by slipping on the icy cross path and
striking her side and shoulder which were
injured against the curbing of the side
walk, and his evidence tended to bear ont
this claim. The case went to the jury
about 3 o'clock Wednesday afternoon and
two hours later a verdict was returned that
the plaintiff recover $3.50 damages Water
man. Martin & Hit for plaintiff Fits and
Read for defendant.
The second jury case was that of An
drew r.. Gregg VS.. Mosa Willis. This
was an action OF assumpsit to recover tor a
certain promissory note Of $1,000 executed
by defendant to plaintiff June Is, 1890
The plaintiff side put in the note as evid-
ence and rested their case. The evidence
| of the defendants tended to show that III
B. Willis, son of the defendant, and f.
| Carey we're in business at Brattleboro in
the summer OF 1890 as the Thorn Medi
cine company !; that defendant borrowed
Of plaintiff $1,000 giving therefor the note
in controversy and turning over as col
lateral Kelley loan that the money was
of the Medicine company at the Peoples
National Bank that soon afterward plain
tiff bought one-third interest in the com
pany, agreeing to pay therefor $500 !;
it was arranged by the parties that the
$1,000 borrowed by defendant OF plaintiff
should be turned in as part payment OF
plaintiffs acquired interest in the business
that plaintiff then turned over to defend
ant the Kelley loan received as collateral
and told defendant that his (plaintff's) wife
had possession of the not and that he did
not wish to ask her for il, for reason that
he did not wish her know that he had
bought an interest in the business, bnt
would get the note from her at later date
and destroy it; that plaintiff became dis
satisfied with the business in few weeks
and withdrew from same, receiving tor his
interest the note of II. B. Willis and E. j
Kelley for $1,000, but that this note had
never been paid. In cross examination
of defendants witnesses it became ap
parent that plaintiff based his case
on the claim that defendant made fraudu-
lent representations to plaintiff by which
he was induced to buy into the business
and defendants counsel applied to the court
for continuance Of the case on the ground
that defendant was now out of the state
and could not be produced in count to re
but the charges of fraud which were not
limited at in the plaintiffs specification. Mo-
ton to continue was granted and the july
discharged. Fits and Read for plaintiff f;
| Waterman, Martin & Hit for defendant
The grand jury, through james w.
Gouli, their foreman, made their report at
noon Thursday. They found II bills OF
Indictment as follows: Prucius Manley of
Dummerston. shooting with intent to kill /;
Leroy Kent, breaking and entering T;
Charles p Rogers of Dummerston, bur
glary; William Reynolds, Dummerston,
burglary Elliot r White of Wardsbol o,
cruelty to minor child William b. John
son of Brattleboro, threatening to shoot
children; Michael Liis of Brattleboro O.,
burglary, two indictments; Leslie Fuller OF
Wilmington, rape; Seaman l. Wetherell
Of Grafton, two indictments, rape aid adult
cry.
Judge Ross thanked the grand jury for
himself and in behalf OF the stare trtasurv,
for the expeditions way in which they had
performed their duties, and they were dis
charged.
States Attorney Robb is receiving COM
pliments for the thorough manner in which
he handled his business before the grand
Jury The total cost of witnesses on which
be obtained the IL indictments was less
than $50.