The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-11-22
GRANGE HALL
ACOURT ROOM
Supreme Court Held Special
Session There.
SEVEN CASES ARGUED
Principal Ones the Appeal in the Dr.
Ryder Case and That Involving Con-
stitutionality Of Telephone Law
Courts First Session Here.

For the first time in its history, and
pursuant TO an act of the legislature
of 1906, the Vermont supreme court
sat in Brattleboro this week in spe.
cial session. The court as made up un-
der the new Judiciary system consists
of Chief Judge John w. Rowell OF
Randolph and assistant judges James
NJ. Tyler of Brattleboro, Loveland
Munson of Manchester and John IL.
Watson of Montpelier, In addition to
these Seneca Haselton of Montpelier,
chief of the superior judges, was pres
ent on the opening day to sit on the
first case, in which Judge Rowell was
disqualified The court convened in
Grange hall Tuesday. The stage was
converted into a bench for the judges
and the room was embellished with
art squares. County Clerk +. ID. h.
Stowe acted as clerk of the court and
Deputy Sheriff C. /. Knapp ofhciated
as court officer. Considerable interest
was taken by the townspeople, mum
ber of whom were in attendance. The
supreme court will hold a session in
Brattleboro in November each year
hereafter
At the opening, prayer was offered
by Rev. A. Ii. Webb, pastor of the
Methodist church. Court Officer c. /.
Knapp then opened the session. The
docket was read and II of the Is
cases were disposed of by continuance
or withdrawal.
OF the seven remaining eases the
first to be taken up was that of Ida
Z. Richardson against George l..
Fletcher. This was before the court
on exceptions. Gilbert A. Davis rep
resented the defendant and the cause
of the plaintiff was maintained by W.
B. C. Stickney of Bethel.
The ease of Edward II. Davenport
against Charles II. Davenport was ar
gued by A. P. Carpenter for the de
fendant and by f. W. Gibson for the
plaintiff. This came to the supreme
court on an appeal from decree OF
the court of chancery on a petition
for the foreclosure of a mortgage
against C. II. Davenport. 1t appears
that in December, 1900, that the de-
fendant decided to the petitioner by
warranty deed his Oak street property
in Brattleboro and the petitioner en-
tered into an agreement with defend
ant stating conditions under which
propertv was decided, and agreeing
that if certain conditions were
complied with to deed the property to
the defendant. Petitioner afterwards
bought the first mortgage on the prop
ertv from the Brattleboro Savings
bank and brought a petition for a
foreclosure. Defendant claims that
the petitioner was stopped from the
foreclosure of the mortgage by virtue
of the terms of agreement.
Another case was that of Mary E.
Lincoln against Nancy Hemenway,
both of Brattleboro. The appeal was
from the verdict of the April term
of the Windham county court and also
upon exceptions allowed. The first
point was against the introduction OF
evidence regarding the pound party
once given Mrs. Hemenway as show
ing her financial condition. This was
said TO be remote and irrelevant. An
other exception argued was that OF
Mrs. Hemenway statement that II
was hard to get along. This related
to Mrs. Hemenway's physical condi-
ton rather than to her financial posi-
tion, it was argued. The evidence
was ambiguous, defendant claimed. Il.
w. Gibson and J. X Batchelder repre-
sented the defendant and II. &. u f.
E. Barber the plaintiff.
The appeal from the decision of the
Windham county court on the verdict
and exceptions allowed in the case OF
the II. c. Jaquith company against the
j. O. Shumway estate was heard, Ihe
case was over the ownership of a horse
claimed by the Jaquith company but
levied upon and sold by ]. Q. Shum-
wav when he was a sheriff. Judgment
was in favor of the plaintiff in the
inferior courts. John Gerry Sargent
of Ludlow represented the plalntlh
and the Shumway estate was repre-
sentod by E. w. Gibson.
The appeal by the defendant IN the
ease of the state against J. nj. Ryder
was. heard Wednesday. The Windham
ogntv court found DR.. Ryder guilty
of performing a criminal operation on
---a Martin who died in his office. The
zeal was grounded on the admlssl-
hilitv of a certain letter purported to
he written by the dead girl and stat
ing the reason for her going to Dr.
RIDER s Office This same letter was
also allowed to form a basis of com
narison with other letters introduced
bv the defendant and shown to be OF
different handwriting. John Senter OF
Montpelier represented DR.. Ryder and
the cause of the state was argued by
J. G. Sargent and R. G. Bacon:
A case came up Wednesday that is
of considerable interest generally
This was the appeal of the Boston q
Maine railroad against the verdict OF
the Orleans county court which found
the company guilty of violating the
statute providing for equal rights OF
anv person or corporation operating a
teiephone line with at least 500 SUB
seribers to place instruments IN rali-
wav stations and offices. The Peo-
ple,s Telephone company of vermont
demanded the right to install an IN
strument in the Boston & Maine ran.
road station at Bartons Landing but
this was denied them. Attorney Gen
eral C. c. Fits argued for the state
and W. B. C. Stickney argued for the
L.