Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1903-09-04
1T WILL BE A SHORT TERM
WINDHAM COUNTY COURT CON.
vENES At NEWFANE.

Wahy Sdses SettIeo or ContIhueo-
Armour & Co. VS.. J. J. Ward and
N. L. kirkwood-c. o. Robbins W..
Joseph r. Richardson Settled.
The September term of the Windham
County court convened at Newfane
Wednesday forenoon, Sept. g. Those
present were Hon. Henry R. Start,
presiding Judge; Hon. Frank Worden,
Hon. Fred P. Pier, assistant judges:
John II. Merrifield, clerk; A. w. j.
wilkins, sheriff; Anthony F. Schwenk,
states attorney; Charles S. Chase, re-
porter.
Prayer was offered by Rev. George
E. Webster of Williamsville. The
call of the docket occupied most of
the forenoon. Many cases were an
nounced as settled or continued, and
the state of the docket seemed to IA
vor a short term. At the opening of
the afternoon session the grand and
petit jurors were sworn and instructed
by the court regarding their duties.
Frank Z. Ward of Guilford was ap-
pointed foreman of the grand jury.
The work of the grand jury will not
be completed before Friday.
Armour & Co., Apis, vs. Jerome j.
Ward and NJ. L. Kirkwood. The jury
was empaneled in this case Wednes-
day forenoon. Service of writ was
only made against defendant Ward
who lives in West Brattleboro. 1t
appeared that in the summer of 1900
Ward engaged in the provision busi-
ness at Schenectady, n. Y, with Kirk
wood under the firm name of ]. ].
Ward G. Co. Kirkwood lived at AL
bany and Ward conducted the Schen-
ectady business. The firm bought
their goods largely Of Armour & Co.,
the great Chicago packers, whom they
We're owing some s4O0 at the end of
five or six weeks after starting The
business was not prosperous and the
manager of the Armour branch house
at Albany, from which the goods were
furnished, went to Schenectady, there
met Ward & Kirkwood, and demand
ed settlement of his claim. This
brought matters to a head and it was
arranged between the parties that
Ward & Kirkwood should return to
Albany all the stock on hand which
Armour & Co. had furnished them,
and should turn over all their cash in
bank, amounting to about 1925. This
lelt d DdldICe uuc al IllOuI q w. "a
s152.S7 after credits for goods return
ed We're given. Ward, who was the
only witness for the defense, testified
that he turned over the cash on hand
and returned the goods to Armour &
Co. on the express condition that this
would effect his release from all obli-
cations which Armour & Co. held
against them, and that the manager
of the Albany branch Office, Arthur H.
Van Pelt, made a direct agreement
with him to such effect. Ward took
no receipt or written agreement of-ar..-,
nature to show this. The deposition
of Van Pelt was the only evidence used
by the plaintiff. In this Van Pelt
stated that he had made no agreement
whatever to release Ward from his
Indebtedness, although
Ward asked him for release in full.
Van Pelt further stated that he had no
as branch manager for Ar
mour & Co. to compromise any claims
of this nature. He could only sell and
collect. All other business was done
from headquarters at Chicago. The
case went to the jury Thursday morn
ing at IL: 80. At o'clock p. m. a ver-
dict was returned for the plaintiff for
the full amount of claims, s152S7, with
interest. Waterman and Gibson for
plaintiff; F. D. E. Stowe and H. G.
Barber for defendant.
The case of c. o. Robbins VS.. Joseph
R. Richardson was expected to come
On for jury trial Thursday afternoon.
The parties were present with their
witnesses, but arranged terms of set
lement during the forenoon.
No case being in readiness for trial,
,ourt adjourned to Friday morning.
Court adjourned this morning until
Tuesday forenoon. Several cases in
sight had been settled privately leav-
ng no business for the court as the
grand jury has not returned it's list Of
Indictments.
A special train will probably be run
rom Brattleboro to Newfane Tuesday
morning leaving Immediately after the
lrrival of the 9:06 train from Bellows
Falls.