Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-01-18
BILL BOARD CASE ENDED,
With the Exception of Judge Rus
sells Decision.
This Is Promised Without the Delay
Which Has characterized the Trial
Of the Suit-Tuesday Testi-
mony and Arguments.


cover for bill boards claimed by Mr..
Waller which were corfesscdiy torn down
~ Mr.. Clapp at the city market gtounuS
last summer, was comp eted in Clty court
Tuesday with the exception of decision.
Judge Russell took the case under Consi-
deration. The portion of the trial con-
Quoted Tuesday was more spicy than
that of the previous days. The numerous
delays in the case, which have been one
OF. its characteristics, led Judge Russell
to announce that he was heartily tired
of its manner of conduct ana desired that
1t lie tried and completed as soon as pos
sibc In the examination of witnesses,
too, there was more pointed questioning
than has previously been the case.
on the reopening of the case in the
morning the defense offered a written per
init, signed ly Aldermen Munson and Ad-
sit, giving to Mrs W. X. Walker the use
of the space on the city market srounas
formerly used by W. *. Walker for the
purpose of bill boards. The permit was
dated June 10, 1899, and signed by the two
members of the committee on public
buildings and parks whose names are
given above. The Introduction of the pa
per was objected to by the plaintiffs at
torneys because they deemed it immater-
ial and they also asked exception on its
admittanoe raising the question as to
whether the signatures Of the entire COM
mittee We're not necessary to its legal y.
Alderman Munson was called as a wiz
ness and said that he was chairman Of
the committee of the board of aldermen
on public buildings and parks and that H.
signed the paper. The cross cxamindt on
was conducted by Mr.. l3urnap under VIII, h
Alderman Munson said he had been a
member of the committee some years and
its duties were to look after parks and
public buildings. The Permit in evidence
was presented him for his signature by
II Fln, n,,I Il. at a l.,
wrote it. No meeting of the comm ttee
was called to consider the matter. Alder
man Adst was then called and testified
to having signed tho paper. The matter
was not before the board of aldermen aud
he did not think it was necessary that it
should he. The committee have charge of
the public buildings ana parks as agents
of the board of aldermen and had in his
opinion well established right to give a
lease of that character. In connection
with question as 10 whether compensa-
ton was received for the lease he stated
that w. Is. Walker offered to pay for the
lease at one time but the offer was not &C.
copied because tho committee desired to
reserve the right to order the removal Of
the boards at any time and later they had
availed themselves of this privilege
A l.. Austin with his account books was
recalled and some minor testimony estab-
lishcd as to certain charges.
Harley Cunningham was called and tes-
titled that with Mr. Sanders he took two
lengths of bill boards at the city mar
ket grounds and turned them from Col
lege street down Wincoski avenue. This
was during the fall following the death Il
w. X. Walker. He was paid for the work
10y Sanders.
Louis Gero, a city carter. was next call
ed and testified that Sanders and Cum
ningham changed the bill hoards as the
latter had testified.
city Treasurer l.. c. Grant was the
next witness. He testified that he was the
executor Of w. x. Walkers estate and in
that capacity he had sold to Mrs w *
Walker list of bill boards. which was
shown and which included the ones at the
city market grounds. The sale was made
last April. In the cross examination by
Mr.. Ballard an effort was made to estab-
lish testimony helpful to the plaintiff, but
without success. Mr.. Grant maintained
that he tried to get X. b Walker to say
which boards were his and which those
of the estate without success ard had
finally picked them cut. as he maintained.
successfully and sold them to Mrs. Walk
cr
! d. w. c. Clapp, the defendant. was put
upon the stand and some testimony OF d
minor nature introduced by the defense
after which there was a searching cXami-
nation by Mr. Ballard. which became A
contest in which the attorney asked many
questions and received but few available
answers. 1t was shown that the witness
tore down boards in the rear of some put
UP by him IN front of some already in
place after X. +. Walker had removed
those put up by the witness and that he
acted on the orders of Mrs. w *. Walk
or.
j. Walker. who worked for w and d. G..
Crane in 1925 and is now employed by Jo-
seph Morgan was called and testified to
Fg.,- IL. 10
1855 at the corner Of Pearl and Church
streets and at the city market grounds.
Those al the latter place were in add-
ton to some already in place. At this
point the defense rested and a recess for
dinner was taken.
In the afternoon the evidence in re-
buttal was opened by the calling of Isaac
Fugere and Ernest Parent, who worked
for A J.. Austin in 1898 and helped put
up the bill boards on Winooski avenue
at the city market grounds. This testi-
mony was objected too and an exception
taken by the defence on the ground that
1t was not under the term rebuttdl.
/ l.. A Walker, assistant superintendent
of streets, and A. l.. Austin were called
The former testified to some facts which
established dates in relation to the con-
struction of the bill boards in question
and the latter was called to show when
the bill boards were constructed by him
=
completed at 3 o'clock and the time until
about 4:30 was used in arguments by At
tornoyS Burnap, Haselton and Ballard.
In opening, Mr.. Burnap said in part
In this matter Mr. Clapp acted on his own
authority. Clapp is not the most reputable
man in the world, as everyone knows, as
to his veracity To this statement At
torney Haselton insisted OH an exception
and in closing Mr.. Burnap stated that he
desired to retract any statement with re-
gard to Mr.. Clapp. Continuing, he said,
in nart: The question in this case Is who
owned the bill boards taken down? There
can be no question as to the connection
of X. b. Walker with the boards in 1895.
So far as the boards on WinoosN avenue
are in question there is practically no dis
pute. The College street board was put up
in 1889 for the use of fiainum 3
circus. In 1899 Mr.. Walker purchased the
boards from Mr.. Austin who then owned
them, and they have since been enlarged,
1t has been shown that the lumber used
in the repairing of the boards was charged
to w. X. Walker 1t has also been shown
that when W. X. Walker came home 10
this city few years ago his father made
him the manager of the opera house and
the bill boards, but IL Is no. shown that
he gave MIN and he never did give him
the title to them. While a license, or
what is claimed to be one, was given TO
Mrs. w. * Walker it is not legal permit. 1t
gave the right to use the spaC. used by
/ w, *. Walker but II did not pass upon
his title TO the grounds 1t gave no IL
ccnse to Mr.. Clapp, or any one else to
tear down and carry off Mr.. Walker s
prOperty. There CHn he no uuest ion IN