Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1904-09-16
James Howard, the Wounded Bank
Robber. Sentenced to States Prison
for Ten years-Dr. Page Wins Case


ening the horse, who for a time was
beyond control of the driver.
At this time William Reddin, an
employe of the railroad company
was ON his way home from his work
walking In n path beside the high
way over which the horse was running
Roadmaster +. +. Beeman shouted 10
Reddin and others with him 10 get
out of the way of the horse, but Red
din, for some reason did not do so and
was struck by the team and knocked
down. his ankle being badly broken
so that one of the bones protruded
from the flesh. Ashcroft soon sub
dued the horse and came back and
carried Reddin to his home. Reddin
was attended by DR.. Newton of North
field and DR.. Leary of the Farren hos
pital at Montague. The patient grad
ually improved, as stated by DR. New
ton, up TO a day or two before his
death DR.. Leary testified that in his
4 opinion Reddin's death was caused
1 by a blood clot forming in one of the
veins and was the result of the acct
| dent The plaintiff sought by evidence
10 establish as facts
1st That the horse in the case was
unsafe.
End. That Ashcroft, who drove the
horse, was at the time of the accident
an employee of the defendant and con-
sequently his servant for whose acts
he was responsible.
Srd. That Reddn was in the eXer-
else of ordinary care at the time of
the accident.
4th That Reddin's death was the
direct result of the accident
The defence produced a large num-
her of witnesses whose testimony
tended to show that the horse In
question was steady and kind, being
frequently driven by women; that
Ashcroft did not enter the employ of
the defendant until some time subse-
quent to the day of the accident, and
that on that day he was working in
his wheelwright shop at Mortified,
and drove Thompson over TO South
Vernon at his solicitation and not at
the request of the defendant or any OF
his agents: that the injury received
by Reddn was the result of his own
carelessness in not getting out of the
way of the team, after being warned
of the danger: that Reddin had been
in poor health for four years prior TO
the accident, DR.. Newton having treat
ed him for heart disease and other
serious ailments and that his death
was due to some of these troubles
rather than to the injuries resulting
from the accident.
The jury took the case at 1880
Saturday morning and at p. m.
Monday returned sealed Verdlct
finding the defendant guilty ana fix
ing damages at S62.65. w. A. Daven-
port of Greenfield, Mass, and c. G.
Fits for plaintiff; II. G. Barber and
E. L. Waterman for defendant
hnG hrn1fpht in The
following indictments: Charles Waite
of Londonderry, two charges of selling
liquor; against ]. F. Mccarthy, bur
glary; and against James Howard,
alias John Doe, burglary and for aid
ing, abetting and assisting others in
robbing the Newfane Savings bank.
Howard is the man who was shot and
Mccarthy the one arrested in Brat
tleboro the morning of the bank rob-
berry Mr.. Waite is a farmer living in
North Londonderry village. He was
arrested Friday by Sheriff F. w. Nc
Clure and brought to Newfane where
he furnished bonds in the sum of $500.
Informations have been filed in 10
criminal cases as follows State
against Noe Morse of Nottingham,
larceny of a bicycle; state against
Fred L. Atherton of Nottingham, lar
ceny, state against Harl r. Dorset OF
Londonderry, assault; state against
F. Z. Robinson of Grafton, gross i'm
morality; state against George Rog-
ers of Townshend, gross immortality;
state against Ransom Work of YER
non, cruelty to child; state against
Archie w. Garno of Halifax, bur-
glary; state against Frank n. Lynde
of Brattleboro, larceny; state against
Mary Austin of Brattleboro, disturb
RI inc
Manning of Brattleboro, throwing
stones through a window. Manning
has furnished bail in the sum of 500
and he has been released from the
county Jail where he has been con-
fined for several weeks. All the peo-
ple against whom information has
been filed either are in jail or out on
bail.
The grand jurors made a report
pronouncing the county building IN
good condition. but recommending the
erection of fire escape from the third
story of the Jail building, ana that
some minor changes be made in the
interior of the Jail to make it more
secure.
DR.. l.. T. Page VS.. Town of Will
mington. This was an action of as
sumpsit to recover $500 from the town
of Wilmington for the treatment of a
small pox case The evidence on the
part of the plaintiff tended to show
that on the 10Th of November, l905,
Dr. Page. who was then health officer
of the town, was called to attend one
Thomas Toomy, who was employed IN
the boarding house of Mrs. Boynton in
Wilmington village. Upon eXamina-
ton the doctor thought that he might
have small poX. Dr. Page immediate
Of raftlphOr0
secretary of the state board of health.
DR.. Holton came the next day, and IN
company with DIR. Page visited Toomy
and pronounced the disease to be
small box. DR.. Holton then had a
conference with the selectmen ana
health officer, gave instructions 10
them relative to necessary precautions
TO prevent the spread of the disease,
and directed that a quarantine be es-
tablished. In accordance with these
instructions the selectmen and healtn
officer established a quarantine ana
hired guards to watch the building.
DR.. Page testified that in making
these preliminary arrangements he
understood that he was employed by
the selectmen to take care of the case,
and he proceeded to visit Toomy as
his needs required for a period OF %
days. for which service he made
charge of ten dollars per DAY. sew
aral nhysicians from North Adams and
Rutland testified that in their opinion
Toomy had small pox, and that slV
per day was a reasonable ana common
charge for a physician to make in such
cases. The selectmen refused TO pay
the bill. but proposed to submit the
matter to the voters of the town
The evidence on the part of the
town tended to show that the select
men did not employ DR.. Page TO take
care of the case. and that while they
knew that he was attending Toomy II
vras their understanding that he was
- In, tha city of