The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1908-09-25
In County Court
PIERCE GOT VERDICT OF $3.50.
Long Lumber Case Brought to an End
Late Yesterday.

One OF the longest cases TO be triei !.
the present term of the Windham county
court at Newfane came TO an end yestei-
day when the Pierce-Shepardson contro
yersy went to the jury in the afternoon.
The jury took the case al AS and Just
two hours later brought in verdict oF
Pierce to recover damages and interest to
the amount of $3.50. Since last week
Tuesday both parties have occupied the
attention OF the court in presenting tlei
evidence. The suit in question grew OUT
of an alleged breach of lumber contrad|
whereby the plaintiff, pierce. agreed u
saw all of the lumber oh certain lots il|
Ludlow and load the lumber on cars
This was in September. 1906. Pierce c0n1|
tinued to saw lumber until March !, lgi|
| but failed to load something like lN9DI
| feet on the cars because the defendant
! did not, as Pierce claims, keep bis part
| of the contract
In the plaintiffs specification he al
legged that payments We're not made ever
week as the contract called for. He alsoI
claimed that Mr. Shepardson did not pToI
vide logs at the mill within Is feet Of theI
saw carriage, as agreed upon in contract
but hindered and delayed the operation
Of the mill by neglecting to do so and
that the defendant ought to pay by way
of damages for such lost time, sSl.a
Mr.. Pierce further claimed that according
to the contract the defendant should have
taken away from the mill all the ,ede
ings' and slabs which were removed BY
the plaintiff, and that for such work NJ
Pierce claimed Sl3650 He further man
tanned that sum of Sl75.26 was still Que
him as back pay and slS3.l9 more for al
dltional planning and S53 for special saw
ing, which was not agreed upon as slNci
fed in the contract.
BY way of offset the defendant claimed
that the lumber was poorly sawed; tha'
large per cent. of the sidings 1.-THE one
inch boards) were of uneven thickness
and that the ends of the boards were o.
different widths; that the lumber, 50
sawed was in this manner damaged @
that it was fit only for chair stock. NJ
Shepardson also claimed that the los
time charged and not paid for at the ale
of Sl,25 an hour was not because OF alA
OF logs in the skidway and 10 les,
from the saw carriage. but because 'neiTT
was not sufficient steam to run the liia
and do other work. Mr.. Shepardson also
claimed that he made payments as lasi
as the lumber was loaded on the car, all
that had he made payments regular.
each week he would in fact have q Tta
advancing money to the plaintiff Ing
sl75.26 which is due the plaintiff Is II
aimed by Mr.. Shepardson by way OF dail
ages for poorly sawed lumber and because
he plaintiff did not load the lumber n, on
he cars, but left i, on the lot vi vi
Shepardson further claimed that he pau
Mr.. Pierce at different times for lem ll;n
ng edgings as per bill rendered, by pau pau
iff. The defendant also says that flelu
ccording to the contract was to do saw t0,
ng as ordered and that the charge NJ lg
pecial saving is not just one MA M
,hepardson says in his answer, that .; ng
barge was made for additional p pa =
ntil after the suit was brought H.
nd F. E. Barber were for the pal"ti nr
nd T. E. O'Brien and r. C. Bacon W
he defendant ,m.
Yesterday morning jury was , Th
anelled to hear the breach OF Wal iIa;n.
ase in which James A. Garfield Is g poth
IF and Fred A. Boynton defendant pO''
,me from Londonderry. Law 10
A divorce was granted yeSteraas. o M
liner Rawson against Martha kaWson liz; S
lie grounds of desertion. Both pai'"
'e formerly from Jamaica.