Semi-weekly Windham County reformer. (Brattleboro, Vt.) 1897-1901, 1901-09-24
wINDBAm COUNTY COURT.
Hoyvs-wheelsr Case Decided In Favor Of
Defsndant-Cass OF IL p Wellman VS.
Town of Nswfane settled Out OF Court
Final Adj Ournmsnt Not PrOba bic
ReHara the lidaIs Of Next NNaAL

Town of Nswfans settled Out OF Court
Final Adjournment Not Probable
Before the Middle OF Next Week.
Charles j Howe, apt, VS. Henry j
Wheeler. In the spring of 1899 the
plaintiff sold to defendant farm in
Jamaica for which defendant was to
pay $3.50 in cash and deliver all the
second growth spruce timber then
standing on the farm, for plaintiff,
at some saw mill in Jamaica village.
A contract vas drawn up which
provided that the logs should be cut
- feet and four inches long and the
JOB done in workmanlike manner
during the winter lS99-1900. The
testimony on behalf of the plaintiff
tended to show that while the timber
was being cut plaintiff visited the
lot and made complaint as to manner
the work was being done. A large
number OF witnesses including w II
Taft, II A Mclean, II H Reed and
other experienced mill men testified
that the timber was cut high on the
stump, 10 many cases thus preventing
the cutting OF second or third log,
TINT a good many of the tons left on
the lot contained log five inches or
more at the top and which would have
MADE merchantable lumber, and that
there were left on the lot standing
$50 or more spruce trees which
would have n ade one or more logs
each TIE witnesses for plaintiff all
pronounced the job as not done in q
workmanlike manner and variously
estimated the timber left on the lot
in stumps, tree tops and standing
trees, tn which plaintiff was entitled
under his contract, at from 1000 to
10, 0C0 feet, Two Of the stumps we're
exhibited in the case. The defendant
produced large number of wit.
nesses Including George p Burbee of
Winhall, prominent mill owner,
VITO all testified that in their opinion
that the job was done in a work
might have been little lower but
that such cutting would not have
materially aided to the number of
logs. that none of the treetops lett on
the lot contained any merchantable
timber. and that plaintiff during ona
of his visits to the lot told defendant
that he need not cut certain scabby
trees 10 the outskirts Of the lot.
aside from which there was no mer.
charitable timber left standing by
defendant. Strong effort was made
by the counsel for defendant to
establish the minimum size of a
second Derchsntable grow th of spruce
logs six inches in diameter at the
small end, and to show that enough
logs of SMALLER size had been
delivered by defendant to more than
offset all merchantable timber left by
him on the lot. The case went to the
jury at II o'clock Saturday and at
80 m verdict for the defendant
was returned. Fits and Read for
plaintiff, Cudworth and Waterman
for defendant.
The divorce case Of Carrie E Warner
Of Brattleboro VS. c Davenport Warner
was beard Saturday and bill granted
for wilfu desertion. with custody of
minor child to petitioner.
The case OF Henry p Wellman vs.
town of Nevfane. for personal injury
received by breaking through bridge
was especially assigned for trial by
jury Monday afternoon, but COUNSEL
announced after short season of
waiting that terms Of settlement had
been arranged. 1t ia understood that
the town pays Mr. Wellman $3.50.
A call OF the jury calendar revealed
a rather shaky condition, only six
cases uow standing up for trial. A
portion of them will probably be
settled or 90 over. The Westminster
bastardy case of Smith VS. Hatch or
case of Dodge rs Pord goes on trial
this morning. 1t row seems probable
that final adjournment will occur no
later than the iddle of next week.
Gala Night-at Brookside Park,
Wednesday, first night Of the Fair. Fire.
works and dancing latest music. Lett
singers full orchestra. Everybody in.
vited. adv