Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1903-04-10
OPENING OF COUNTY COURT
MANY OF THE JURY CASES EITHER SET
TIED OR CONTINUED.
The Ellis Cases Held Open for Later Trial
Trespass Case Of Doolittle vs.. Barnes Now
on Trial-Court Denies Application for Dis
charge of Guilford vs.. 0Brien Trustees.

AIosphob Odso VI OoViitsa0 Vs. ooAAos No"
on Trial-Court Denies Application for Dis
charge of Guilford vs.. OBrien Trustees.
The spring term of the Windham
county court opened at Newfane
Wednesday morning with Hon. Love-
land Munson presiding Judge, and As
sistant Judges Frank Worden and Fred
B. Pier present. The call of the docket
showed that very large proportion OF
the cases set for jury trial had been
settled or were to be continued.
Wednesday afternoon the Ellis cases
from Brattleboro were the subject of
considerable sparring by counsel on the
motion of the plaintiffs for continu-
ance. The claim was made that the
defendants had made proposal for
settlement, relying upon which the
plaintiffs had neglected to complete
preparations and were unable to pro-
ceed. The counsel for defendants in
sisted on immediate trial, claiming it
an undue hardship to longer hold their
clients under 800, 900 bail. The court
directed the cases held open with a
view of arranging trial later in the
term.
Witnesses were present Thursday
morning in the two cases of Arthur e.
Spencer vs.. T. E. Stockwell of Vernon
but they were taken off from the jury
list during the forenoon by the refer
ence of one to the court on an agreed
statement of facts, and of the other to
F. A. Bolles as referee.
Yesterday afternoon the case of War
rem G. Doolittle vs.. A. G. Barnes of
Vernon, an action of trespass, went on
trial before jury. Plaintiffs testi-
mony tended to show that in Septem-
her, 1901, he bought of Barnes the
standing timber on lot OF IL to 70
acres near the Vernon railroad station.
He soon afterwards caused sawmill
to be set up on the lot and set force
OF men at work cutting and drawing
the timber, valuable chestnut and oak.
He visited the lot several times during
the cutting and each time told the
chopper, one Lyman May, that he was
leaving timber that ought to be cut
and directed him to go over the lot
the second time in cutting. This
Nav agreed to do, but in his hurry
to complete the job left the small
timber which there was no profit
to him in cutting After paying for
the cutting Doolittle found that his in
structions had not been followed and
that Barnes had cut into cord wood,
| good portion of the timber which his
chopper had left. Doolittle then noti-
fed Barnes to stop cutting his timber
but the latter kept at work. Doolittle
estimated that his chopper left on the
lot about %, 600 feet of standing tim
ber to which he was entitled, this be-
ing worth from s12 to s15 per m. on
tha stump.
Defendant claimed in cross examina-
tion that he was to cut for cord wood
what Doolittle left, which he did, sup
posing that Doolittle had got through
with the lot when his chopper finished
his work. This case will last well into
to-day and will be followed by case of
J. o. Frost VS.. North British and Mer-
camille Insurance Co. of London and
Edinburgh, which will consume the
remainder of the week.
The prospect is for term of not
more than two weeks.
Nearly all the attorneys iu the coun-
ty we're present Wednesday at the open
ing, also Gilbert A. Davis of Windsor,
G. L. Fletcher of Chester, H. L.
Skeels of Ludlow, W. B. c. Stickney
of Bethel, and T. W. Moloney of Rut-
land. Messrs. Stickney and Moloney
represented the trustees, PercIval w.
Clement and Butler and Moloney OF
Rutland, in the case o. ID. Guilford VS..
o 'Brien & Sheehan and trustees. and
made a determined effort to secure the
discharge of the trustees at once. The
defendants in this case were the con-
tractors on the Rutland Canadian rail
road, against whom the plaintiff is
seeking to recover for balance
claimed to bes due him as sub-con-
tractor. The trustees claimed that
the money held by them was for spe-
cific purposes, and could not be ap--
piled in satisfaction of a Judgment If
secured in this case. The court de-
MED application for discharge at this
time and inclined to the appointment
of commissioner.