Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1908-12-26
Windsor County Court
DECEMBER TERM, 1905.

DECEMBER TERM, 1905.
Hon. George M. Powers, Presiding Judge
HON HON. S Miio s. B B. @aHH'@ Asst Judges
In the Whitaker will case the jury
returned verdict for the proponent,
thereby establishing the validity Of
the will of Sydney Whitaker of North
Hartland. The will was written by
Prof. Craven Laycock, a lawyer Of
Hanover, N. H., who is also a lee
turer upon law in Dartmouth col
lege. Sydney Whitaker was at the
Hitchcock hospital for treatment,
and sent for Prof. Laycock to come
and write his will. By its terms, the
bulk-of his property was given to
Howard Miller and his Son. The
brother, Benz. f. Whitaker, did not
receive the share to which he would
have been entitled as brother, and
made this unsuccessful contest of
the will.
The evidence ON the part of the
contestant tended to show that Sgd
ney and his brother Benz. F. had
been on friendly terms and that Sgd
ney had repeatedly spoken of him
with affection and said that BENZ. F.
would have his property after his
death. 1t was shown that BENZ. F.
had soR who was suffering from
paralysis and required constant care
and attention, as Sydney knew, and
that Benz. F. was of limited fnan-
cial strength.
On the other hand it was shown
that the will was made at Hanover,
N. H., with due determination and
when Sydney was away from How
ard Miller and his son; that Sydney
then had the full possession of his
faculties and was away from the in
fluence of any, one. Prof. Laycock
was stranger and got his instruc-
tons as to the terms of the will from
Sydney Whitaker and testified that
he observed nothing to lead him to
think Mr. Whitaker was not of sound
mind and memory. \
W. W. Stickney and J. G. Sargent
represented the prepayment, William
and Charles Batchelder for the con-
testant.
This case was followed on Friday,
18th, by two cases against the Cen
trail Vermont Railway Co., which
were consolidated and tried together.
Mary Turner was the plaintiff in one
case and w. E. Turner and Mary
Turner were the plaintiffs in the
other. These actions were brought
to recover damages by reason of the
destruction by fire from a passing
locomotive of buildings and contents
at the site of the old Woodstock sta
ton in Hartford. The railroad COM
pany denied its liability and sharply
contested the amount of the dam
ages.
William and Charles Batchelder
represent the plaintiff, G. w. Wit
ters of St. Adams, @. @. Fits and
Raymond Trainor for the defendant.
The case of George w. Ransom
vs.. F. A. Atwood, appt., was the next
case for trial, but has been settled
by payment of plaintiffs claim and
costs.
Davis & Davis for plaintiff, F. G.
Southgate for defendant.
The following respondents have
been arraigned:
State VS.. Charles Buckley OF
Montpelier, charged with obtaining
money under false pretenses. plea
not guilty.
State VS.. Ralph Winters, charged
with breaking into Boston & Maine
freight car. Pleaded guilty and was
sentenced for Is months to two years
in state prison.
State VS.. Fred Weatherby, adul-
terry plea, not guilty.
State VS.. Charles Cragin. Unlaw.
full selling of liquor; plea, not guilty
State VS.. Harley Duclose, breach Of
peace at Ludlow. Respondent re-
leased On his own recognizance.
DIVORCE CASES.
Charles Gushea vs.. Eva Gushea,
bill GRANTED for wilfnl desertion
Tarbell D. Whitman for petitioner,
Ida Race Stone VS.. Miles a Stone
bill granted for neglect and refusal
to support; custody of minor shild
given to petitioner. H. w. Hoye tot
petitioner. b