Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-09-17
COUNTY COURT.
Grand Jury Reports IL Indict-
ments.
The Estabrook-McClure Case Now on
TrfaI---Prospects OF n 4 ong Session.


Frank Worden, assistant judges. Rev.
Smith Norton of Newfane opened the ses-
sion with prayer. All of the grand jurors
and 20 of the 30 petit jurors drawn answered
to their names, were duly sworn, and were
instructed by Judge Ross relative to their
duties. The remainder of the forenoon
was taken in calling the docket and as
signing the causes.
In the afternoon a jury was empanelled
and trial began of the case of Nora A.
Tuhill VS.. John Thayer. The action was
brought to recover damage for injury al
legged to have been sustained by the plain
tiff by being thrown down in Brattleboro
village by team owned and driven by the
defendant, who is Guilford farmer. The
evidence on the part of the plaintiff tend
ed to show that on January 30, 1896, in
the early afternoon, while on her way from
her home on Vernon street to the factory
of the Brattleboro Overall company, by
whom she was employed, while passing
| from the east to the west side of Main
street at the. crossing near the office of the
Brattleboro livery stable, and when near
the sidewalk on the west side of the street,
she was struck by team consisting of two
horses and traverse sled owned and driv-
en- by the defendant, was knocked down
and rendered insensible; that she was car
red into Z. NJ. Bakers grocery store, a
| physician was summoned, and after recov-
| ering consciousness she was carried to her
| home, where she was confined to her room
| by reason of her injury for a period of
three weeks that she then returned to her
work at the overall factory, although still
suffering and has not since been able TO
| perform her usual amount of labor; that
Il H.. s- g.E V.N,W inNaW
and that her injuries are liable to prove of
permanent nature; that she had paid out
a considerable sum of money for medical
services and medicine, and that her loss of
time, reduced earnings and sufferings rep
resented larger sum; that the next morn
! ing after the accident the defendant called
on her, expressed his regret for its occur
renee and offered to settle the damage,
| proposing to leave the matter to disinter
ested parties if unable to agree with her
! but since that time she had neither seen
| him nor heard from him. that he had also
called on her physician, DR.. Bruce, to
learn the extent of her injuries that she
| exercised due care before crossing the
street by looking in each direction on
| the side of the street which teams
would naturally come before crossing,
while the defendants team was being driven
at rapid pace and he was looking back
and whipping some boys off his sled when
the accident occurred.
The defendants claim was to the effect
that his team did not strike the plaintiff,
but that she fell from point outside and
west of the course of his team, striking on
the granite curbng to the sidewalk and
inhcting her injuries. The evidence on
his part tended to show that the pole to
his sled and neck yoke could not be raised
from the ground more than "a to 26 inches
andcOnsequentlycouldnot not have inflicted the
injuries which plaintiff claimed to have re-
ceived on her left side and shoulder; that
his team was going slow trot and was
under perfect control, although somewhat
mettled by meeting an electric car on the
Canal street HILL that his proposition to
arbitrate with plaintiff had reference only
to the question as to whether his team was
the cause of the accident and that plaintiff
was not in the exercise of ordinary care in
crossing the street. Judge Ross instructed
the jury that in order to find a verdict fol
the plaintiff they must find First, that she
was struck by the team; second, that de
fendant was not in the exercise of ordi
nary care; third, that plaintiff was in
the exercise of proper care. The jury
went out at 2:30 r. NJ. Wednesday and in
two hours returned verdict of $3.50 dam
ages for plaintiff.
Waterman, Martin II Hit for plaintiff
Fits and Read took the place of Col. Has
kins for defendant.
-1ndrer Il. Gregg rs. MGSd Wills
This Is an action of asSumpsit to recover
on certain promissory note of $1,000
given by defendant to plaintiff and exc
cuted June 10, 1890. The plaintiff, aftel
putting in the note as evidence, rested
his case. The evidence of defendant was
to the effect that in 1890 Herbert B. Willis
son of defendant, and Z. j. Carey were
doing business in Brattleboro under the
style of the Thorn Medicine company
that defendant borrowed of plaintiff $1,000
giving the note in controversy therefor
and also turning in Kelley note as addi
tiOnal security; that the money was useC
by the Thorn Medicine company to tax,
up their paper at the Peoples Natona
bank; that soon afterward the plaintiff en-
tered the company, buying a one-third in
terest therein for $500; that it was ar
ranged that the $1,000 borrowed by defend
ant of plaintiff should be in part paymen
of said purchase money; that plaintiff re
turned to defendant the Kelley loan hell
as collateral, but claimed that his wife hat
Iue SlUOO uOle, anu as ne ulu uOI WISH he
to know that he had gone into the com
pany he would get the note at some futur
time and have it destroyed; that plaintiff
soon became dissatisfied with the compan
and sold to H. b. Willis and E. j. Carey
taking their note of $1,000 in payment
which note had never been paid.
On cross examination of defendants wit
nesses it developed that the claim would b
made that plaintiff was induced to go int
the company by reason of fraudulent rep
reservations made to him by defendan
relative to the company's standing, an
plaintiffs money loaned to defendant wen
to release defendant from obligation alread
incurred for the company. On the groun
that the claim of fraud had not been Sc
forth in plaintiffs specifications and tina
defendant, who is out of the state, coul
: not be present to rebut such claim, the de
, fendants attorneys moved for continu
( ance, which was granted, terms were i'm
5 posed on plaintiff, and the jury was dis
charged.
5 The trial of the jury case, Charles
5 Estabrook VS.. F. w. Mcclure, apt, wa
r begun Thursday afternoon and will prob
: ably continue the larger part of Friday.
j AT noon Thursday the grand jur
0 through their foreman, James w. Gould
0 presented their report. Eleven bills of in
! dictment were found as follows: Pruciu
j Manley of Dummerston, shooting with il
t tent TO kill; Leroy Kent, breaking and Ell
e tering with intent to commit burglary
g Charles p Rogers and William Reynold