Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1903-04-10
WINDHAM COUNTY COURT.
The Ellis Cases from Brattleboro May
Be Tried Later in Term.

The April term of the Windham county
court opened at Newfane Wednesday
morning with Hon. Loveland Munson,
presiding judge, and Frank Worden and
Fred B. Pier, assistant judges. Rev. e.
II. Bartlett of Newfane offered prayer.
The call of the docket occupied the morn
ing hour, revealing the fact that a very
large proportion of the cases set for jury
trial had been settled, or were to be con-
tinued.
Wednesday afternoon was taken up by
arguments on various motions. The Ellis
cases from Brattleboro, which stood near
the head of the jury list, were the sub
ject of considerable sparring by counsel
on the motion of the plaintiff for con-
tinuance. The claim was made that the
defendants had made a proposition for
settlement, relying upon which to d con-
siderable extent the plaintiffs had ne
elected TO complete preparations and were
unable to proceed. The counsel for the
defendants insisted immediate trial,
claiming 1t undue hardship to longer
hold their clients under $4,000 bail. The
court decided that the cases be held open
with a view to arranging trial later in
the term.
Witnesses were present Thursday morn
ing in the two cases of Arthur C. Spen-
Ger VS.. T. +. Stockwell of Vernon, but
they were taken from the jury list during
the forenoon by the reference of one to
the court on an agreed statement of
facts. and of the other to f. A. Bolles as
referee.
Thursday afternoon the case of Warren
G. Doolittle VS.. A. G. Barnes of Vernon
went on trial before jury. This was an
action of trespass. The testimony on the
part of Doolittle tended TO show that in
September, 1901, he bought of Barnes the
standing timber on lot of II TO 20 acres
near the Vernon railroad station. He
soon afterwards caused a saw mill TO be
set up on the lot and set force of men
at work cutting and drawing the timber,
which consisted largely of valuable chest
nut and oak. He visited the lot several
times during the process of 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 a second time in cutting.
This May agreed to do, but in his hurry
| to complete the job he left the small tim
ber which there was no profit to him in
! cutting. After paying for the job of cut
| ting Doolittle found that his instructions
had not been followed and that Barnes
| had proceeded to cut into cord wood a
| good portion of the timber which the
| chopper had left. Doolittle then notified
Barnes to stop cutting his timber, but
! the latter kept at work. Doolittle esti-
mated that the chopper left on the lot
| ., 900 feet of standing timber to which he
! SIS per NJ. on the stump.
The claim of the defendant, as outlined
in cross examination, is that he was TO
cut for cord wood what Doolittle left,
which he proceeded to do, supposing that
Doolittle had got through with the lot
| when his chopper finished his work.
! This case will last well into Friday and
will be followed by the case of j. o. Frost
vs. North British and Mercantile Insur-
| ance company of London and Edinburgh,
which will take up the remainder of the
| week
The prospect at present is for a term
| of not more than two weeks.
Nearly all of the attorneys of the coun-
ty were present at the opening Wednes-
day, also Gilbert A Davis of Windsor, G..
L. Fletcher of Chester, II. L. Skeels of
Ludlow, w. B. c. Stickney of Bethel and
r. A. Moloney of Rutland Messrs. Stick
ney and Moloney represented the trus-
tees Percival W. Clement and Butler &
Moloney of Rutland. in the case of Oscar
d. Guilfoil VS. O'Brien & Sheehan and
trustees, and they made a determined but
unsuccessful effort to secure the dis
charge of the trustees at once. The de-
PENDANTS in this case were the contrac ct
ors on the Rutland Canadian railroad,
against whom the plaintiff is seeking TO
recover for a balance claimed to be due
him as a sub-contractor. The trustees
claimed that the money held by them was
for specific purposes and could not be ap-
Piled in satisfaction OF a judgment if Sc
cured in this case. The court denied ar
plications for a discharge at this time
and inclined to the appointment of a COM
missioner.