Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1898-09-19

1891, MIR. Nelson haQ talked Ifeely
with him about his family affairs and
complained bitterly that Davis had
gone back on the Nelson's, which he
thought was very ungrateful conduct
in view Of the fact that he had given
Mr.. Davis $4,000, besides helping him
in many other ways. Upon cross eX-
animation, the witness created some
merriment by admitting that he was
related to MIR. Nelson, and saying that
the relationship consisted in the fact
that Nelson's father married his
Cousins widow for his third wife.
Mr.. and Mrs. W. B. Guild of Brown
ington said that Mr.. Nelson was at
their house soon after Mr.. and Mrs.
Davis came back from West Superior,
and that he, Nelson, told them that
Mr.. Davis was going into business in
Barton, that he had not money enough
of his own to compete with the other
merchants, but that he had given him
$4,000, and that if he had any business
ability he could make a success with
that.
John Corley testified to an admis-
sion on the part of Mr.. Nelson that he
had given Davis $4,000, and Henry
Gage and A J. Smith testified in the
same line.
William Teller said that soon after
Davis came b ack, Nelson had cole
ed from him, Teller, $14O0, which Nell
son told him he wanted to give Davis
to enable him to buy goods to stock
his store.
Frank Davis, brother ofthe defend
ant, testified that he saw the $4,000
letter soon after it was received by his
brother in West Superior, and that it
then read as it does now; and also to
an admission by Mr.. Nelson that he
had given George the $4,000.
Mr.. and Mrs. Sam B. Nelson both
testified that Mr.. Nelson had frequent
ly admitted to them that he had given
George the $4,000.
Warren HartWen testified to Mr..
Nelson's coming into the Davis store
after the trouble began between them
and looking over Mr.. Davis store ac-
count against him and approving the
same; and that, at that time, he made
no claim that Mr.. Davis owed him
$4,000.
The testimony of Fl. K. Dewey, now
deceased, given by him at the former
trial was then read, bearing upon the
question whether there had been an
alteration in the letter.
Robert Wright aud P. J. Farrell
were approved as experts in hand
writing and stated that in their opin-
ion there had been no alteration in
the figure "6," but that it was much
more difficult to determine in the case
Of pencil writing than in that made
in ink.
@. P. Jenness testified that while
Mr.. Dewey was in attendance upon
the legislature in the fall of 1872 he as
sisted in the bank, and knew that the
bank held certain notes against Mr..
Davis, and collected them, which in
fact belonged to Mr.. Nelson.
Mrs. Gardiner testified to substan-
TALLY the same matter as that testified
to by Mr.. Hartwell.
The defendant, Geo. H. Davis was
allowed to contradict the testimony
of Mr.. Blaisdell as to a conversation
between them which was said to have
taken place after the death of Mr..
Nelson.
F. w. Baldwin, one of the attorneys
for the defendant, then testified in ex-
planation of the change in the posi-
taken at this trial and that taken at
the former trial.
In rebuttal, the plainti ifs called Mr..
Francis Jewell, Mr.. D. E. Blanchard,
Fred Nelson, I. D. r. Collins, Thomas
Pickle, Van B. Pickle, Elizabeth Pickle
the statements made by the witnesses
for the defence.
The evidence was closed at 9:15
Thursday morning and the argument
Immediately began.
Mr.. Miles opened for the plaintiffs
and made a thorough and most COM
prehensive statement of the case. He
argued that the defendant had plan
ned from the first TO get Mr.. Nelson's
property. He went through the testi-
mony strengthening his case and dwelt
for some time on the testimony of diff
ferent witnesses. Mr.. Bates follow
ed and spoke of the different witness
es who had testified that Mr.. Nelson
told them that he had given Davis this
money and said that the jury must
either accept this testimony as proof
or else throw it out entirely. He
read many Of the letters which pass
ed between the def endan and plain