Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1899-12-28
Bellows Falls Times
THURSDAY, DECEMBER 2s, 1899.
Windsor County court
December Term, 1899

december Term, 1899.
Hon. James NJ Tyler, presiding Judge.
Hon. Milo s Buck A.. ;s
Hon. c. H, Markham Asst judges.
Jay Read Pember, clerk. , ~s =
Fred b. Pingree, deputy clerk. oso5
RomAine A Spahord, sheriff. a'
ID. G, Jones, high bailiff.
John IL. Mimms, reporter. .s.as
The trial of the case. Jessie c. Lynds
Town of III mouth, out on trial at our last
report, was resumed on tuesday morning,
the 18th. This is an action to recover
damages arising from the insufficiency of a
bridge which has been maintained by tn
town on one of its much frequented roads
owe" brook on the "Lynds Hill" road,
between the ''Five Corners and the
"Notch' This bridge was about six feet
span Its abutments were made partly of
stone and partly of logs. The stringers
had become rotten and the bridge was
broken down June A. 1898, by some peo-
pie IN drawing some logs The log-men
uuili gu Ill Soulc tidteTidl tHdt was Mandy
and managed to get along, but left hole
in the bridge some nine to 15 inches deep,
the whole width OF the travelled part of the
road 1t was shown that nothing further
was done to it, and neither the selectmen
or the road commissioner gave the broken
down bridge any attention or repairs until
late in Sep ember. j
In the meantime, several Peep in pass
ing over this bridge had been nearly
wrecked or thrown from their wagons On
August Is, the plaintiff, Jessie {. Lynds,
and her brothers wife had occasion to pass
over this 70 d in wagon drawn by !. red
NJ. Lynds' horse, a d N knowing of this
broken down bridge, the horse, seeing it,
was frightened and shying to one side, un-
dertook to jump it. his brought the
wagon into the crevice III the bridge, and
hurled the two ladies to the ground the
horse ran and soon cleared himself from
the wagon and was caught m lie or so
farther on. Zach OF ladies was knocked
senseless and considerably injured
The town authorities contend and give
evidence tend ng to prove at e run
a ay commenced by the reaki g of the
breechi & comi G dow Ly dsI4ll d
before reach G tn bridgeaa d de y the
liability of the tow he issues as to
the place a d ca Sc of the accide t "a as
to the exte of the juries to the plat tiff
a. the bait e these issues is waged
with unrele Il 6 vigor both sides. AS
a by-sta der put it, the defe .ce is three
fold:
LIST There was no bridge.
2 d Plai tiff was ot hur at the bridge.
2rd Ilai tiff WaS n hurt of oil
The medical COZ tenfinns are supported
by d Morgan o. Felchville, the sur
geon who f s. treated Mss Lynds, DR.
George Spsford of C,vendish, Dr. C f
Bonn y OF Ludlo-. and Dr. F p X oder Of |
Woodstock and en- the part of the, d. fend- |
ant by DR. H Boyntor, DR. O w Sherwin OF
and Prot Frost o. Dartmouth Medical col
lege. Elaborate surveys haye been made
OF the locs IN quo by Charles Batch.lder
junction, and Mr. Craft of WalIingf I'd.
The trial continued until the adj urnment
of court on Saturday. December %. but
the testim my was n then concluded and
was resumed ON Tuesday, December 26
The defendant strongly contends. that thu
plairt If has msgn Fl d and slammed her
ilj ,ries She clsims that her right kn il
partially stiff and may never be sound
knee, while defendant claims that il she is
so disposed she can use it again in two or
three months. I"'2
The court by occasional interruptions OF
the Lynds case has manage to dispose OF
quite lot OF bu.ines.. The grand jury re-
ported on Friday, December Is, AZ bills
found and 20 not found, and were dis
charged So far as the same have been
m ,de public, tn are: Murder, Selin
N Bughe blanket act Walter A S Fetch
er and Edith Whittemore, jose, ODell-
and Nellie A'h-rton adultery. Water A
Fletcher, E 18th VIII ttemo,e, Herht TT L
Moore. two, Newell NJ Willard, Edward
E Willard, Isaac blanchard, Lyman N
Sundblry, d mis- Labbv; incest, LYMAN
N Su rdbur, G 'crge H Davis rape, &c rye
H DAVIS; assault with intent to commit
rape. John Jandreau; perjury, William E
Cu'hman, Gny A Cushman; violation OF
the fish and game law. Robert o Lowell
violation OF the 'iq1or law Joseph III Adams,
Nathaniel P VIII eer, f w Sexton, Jane,
H Ballard, W Mann, j. hn 6 Bryant,
John Veyette, Hollis Reynolds. Emery
Knowlton, j Inn Kelchar, w S Allen. F H
B.bbitt, Z P Barney, Frank M | eonard,
Charles ID Col man. Z ID G bb. James
Countermarsh, o Knowlton, + V Smith,
james B4nnigan, Harry w Richa dson;
forgery, Charles II Dvis; uttering forged
pap II, Oh u H ID ".
The dictments agai st the liquor deal
ers were Sc, eral'y based-on the evide ce
that the dicted par had paid United
States reve lie tax as retail dealer i l.
toxicants
Near the close of the session of the
grant jurSs that body prese ted certai
questions to the court upon which special
j strnctlo were requested he first
questio was as the effect 20 be give
by the gra d jury of the possessio of a
U tied states lice sc a retail spiritu-
Gus liquors Judge Tyler said the word
i g of the statute was clear admitted
of but co structio', amely, that evil
dence of the payne of U tied States
special tax as a liquor seller was prima
facie evidence that the perso procuri
the lice Sc d payi G the tax was com
mo = seller; the esenta'io of such evi
do 90 before the ora Il iury would warra 4