The Barre daily times. (Barre, Vt.) 1897-1959, 1909-04-19
MISS DUNLEVY
SHOWS TEMPER
Gives View Of Lawyer in
Four Words
in ROW OVER PAPERS
she Sues for an Alleged Breach Of Mar
mage Prcmise--Adds Ginger to
Hearing in BrattlebOro
Court.
IN ROW OVER PAPERS

Brattisboro, April ia hearing in
the court Of chancery to determine a
preliminary question on the suit of Miss
Katherine @. Dunlevy vs. Edward j.
Fenton to recover $4,000 damages for
alleged breach Of promise TO marry had
a dramatic finish Saturday afternoon.
Discussion had arisen relative to send
ing to Judge w. w. Miles some papers
IL the case, p W. Gibson of Mr.. Fen.
tons counsel gathered up some Of the
records, whereupon Miss Dunlevy said
she took the records from the files aed
was therefore responsible for them and
she did not wish Mr.. Gibson to take
them away without giving receipt.
}. X. Batchelder of Mr.. Feutoa's
counsel stated that re objected to hov-
ing Miss Dunlevy, a party in the suit,
have the custody Of tie records. Miss
DunlOvy replied thar she did not have
che custody Of che records, whereupon
Mr.. Batchelder charged her with just
having admitted that she did
Comfy Clerk 2. D. f. Stowe said he
had sole custody Of the records and thar
Miss Dunlevy took them from the flies
at his direction.
Mr.. Batchelder made some more re-
marks which incensed Mss Dunlevy, and
she walked over to where he stood and
told him in four short words what she
thought of him.
Mr.. Batchelder retsr4sd in substance
that his estimate Of her was sustained
~ this point county clerk Stove took
the papers and locked them up, and
Judge Miles said he hoped everybody
would &C away happy.
The hearing was on Miss Dunlevy's
motion TO dissolve an injunction secured
by Mr.. Fenton restraining her from pro-
cesding with the trial Of her case in
county court until she had returned
some letters which were taken from Mr..
Eenton's desk in his store.
Miss Dlinleyy returned "a letters, but
Mr.. Fenton claimed that three Others
from Miss Dunlevy to him were missing
and that Mass Dunlevy knew where they
were. Miss Dunlevy denied all know
ledge of the whereabouts Of the three
missing letters.
The principal witness was Mr.. Fem
ton, who said that the three letters and
those returned we're together in bis
desk at time when Miss Dunlevy called
at his store for an interview and had OPP
porturity to take them from the drawer
He said he first missed them IN April,
1907, Just before the April term Of conn-
ty court.
Miss Dunlevy's counsel sought to i'm.
peach Mr. Fenton and introduced de-
position given BY Mr.. Fenton in An
gust, 1907. in the case OF Fred G. Gale |
against John Il Albin, in which Mr.. /
Fenton said he arst missed the letters
in November, 1906.
Miss Dunleyy claims that she never
took any letters from Mr.. Fenton's
desk but that they were found on the
floor by her brother, Joseph Dunleyy.
who was sweeping up after Mr.. Fenton |
had moved from his old store to his new
one.
Frank Ryan testified that he saw
Joseph Dmlevy looking over some pa
pers while he was sweeping and that
afterward he saw Joseph Dunlevy have I
a bundle Of papers in his arms lie
said the next night he saw Joseph DUN
levy enter the store with the same bun
die Of papers.
Miss Dlinlevy's contentionp is that her
brother gave the papers to her, that /
they were looked over and that what /
were not wanted were returned to the /
store the next night and put with other
waste papers.