The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-06-02
tSTABROOK CASE
NOT TO BE HEARD
At PRESENT
Judge Waterman Continues
Order Recently Issued
ALL PARTIES IN COURT
Grand Jury at Manchester Begins In
vestisation of the Death OF Oscar
Turner of Pownal

Manchester, June 2.-Wnen county
court came in for the afternoon SEES
sion yesterday the members OF the
grand jury took their places anu re-
ceived the oath from Clerk j. j. Shak-
shoher after which they were bricny
instructed by Judge Il. l.. Waterman
They were then placed in charge OF
Denuty Sheriff Patrick Morrissey Of
Stamford wno for nearly 20 years mas
nerformed the duties of custodian AT
the grand jury terms of county court.
When the grand jury had retired
the petit jurors were sworn III ana IN
structed by the court.
The order issued recently by Judge
Waterman at Rutland in the habeas
corpus proceedings brought by Mrs.
Nellie Estabrook against her former
husband, Benjamin n. Estabrook, 10
obtain possession of the couples three
year old daughter, was returnaDle at
9 o'clock and the matter was at once
brought to the attention of the court
by the attorneys in the case.
Judge Waterman stated that he did
not wish to hear the case until after
the civil jury cases had been heard
and he continued the order as 1t was
first issued. Notice will be given to
the attorneys previous to the day set
for hearing. Mrs. Estabrook was rep
resented by Charles A. Maurer and j.
X. Batchelder and the Albany attor-
ney f. G. Sanford who brought her
divorce proceedings in the New York
courts was also in attendance. Mrs.
Estabrook was in court as was also
her aunt, Mrs. Nora Hacker of Balti-
more, and her uncle, Willard G. Bar
ton of the same city. The little
daughter, Leonora, over whose poss-
ession the legal battle is being waged
was in the court room during the al
ternoon with her mother.
When the grand jury retired Work
was at once begun upon the case OF
Oscar Turner, who disappeared in the
town of Pownal on the night of April
II. and whose body was found in the
Ioosick river five weeks later. Three
persons have been held at the county
jail Thomas Harris, his wife and Jas
Pratt, since the day following Turner's
disappearance on the charge of hav
ing been instrumental in causing the
young mans death. A large delega
ton of witnesses from Pownal have
been summoned in the case and came
to Manchester on the morning train
They are Drs. Il. Il. Potter and b. o
Barber, ID. r. Bates, Patrick Colwell
Robert Potter, Charles Potter, George
Leonard, stepfather of Turner and
Mrs George Leonard, his mother, Mrs
Adelaide Harris, mother of Thomas
Harris, Frank Moon, who was arrest
ed with Harris, his wife and Pratt but
wac was released last week, Almon
Moon, Miss Rose Barbeau, Edward
Pratt, Michael Grady and Miss Nettie
Halves.
The calling of the docket in the
morning made it impossible for the
states attorney to use all of the wit
nesses during the afternoon and some
of them who went home last night re
turned to Manchester this morning.
The first case set for trial is tina
of Levi S. Davis VS.. Harry Willoughby
1t is a collection case involving be
tween 5000 and $500 Frank C. Ar
chibald appears for the plaintiff ant
c. H. Mason for the defendant TIL,
case of Frank Mentally VS.. Frank Rob
llSOH WAS also SET TOT Lflal T.. A
Maurer appears for the plaintiff anC
h. ii. Holden for the defendant.
A case that will be of considerable
interest is a pauper case, town of Ru
pert VS.. Town of Sandgate and which
is set for trial this week. o. NJ. Bar
Der appears for the plaintiff and f
c. Archibald for the defendant. Tn,
cases of Don A. Barnes VS.. George Il
Gallup, d. Lovejoy & Son VS. Laura 4
Bradley, Berlin Mills VS.. l.. A. Bradley
Parker & Young Co., VS.. Robert Law
Ter, and w. j. Eaton VS.. l.. A. Bradle
and Gilbert Bradley VS.. f. M. Russel
are also set for trial. The Bennins
ton county attorneys engaged in thes
cases are Archibald Ratchelder 1
Bates and c. III. Mason
Harvey x. Fowler of Mancbes .,
the dean of the Bennington count
bar who celebrated his 9lst aunivel
sary the first day of January last. wa
IN attendance upon the opening day G
court. He took a keen interest i'm a
the proceedings and appeared to h
In excellent health for a man Of hi