The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1909-04-23
]. K. BATCHELDER
ACCUSED OF LYING
Spirited Close to a Hearing in
Dunlevy-Fenton Case.
PLAINTIFF RETURNS 25 LETTERS

But Defendant Asserts There Ar
Three More Which He Needs in tn
Trial of the suit-These Miss Dun
levy Says She Hash t Got.
The hearing in the court of chancery t.
determine preliminary question IN tn
suit of Miss Katherine G. Dunlevy agains
Edward j. Fenton for damages in the sun
of $4,000 for an alleged breach Of promise
to marry, which was in progress when The
Reformer went to press last Friday, hac
dramatic finish Saturday afternoon. The
scene was enacted just after the session
had officially closed and the chancellor
Judge w. w. Miles, had no power to in
terfere.
The whole affair started over a discus
sion between counsel in regard to the mail
Miles. Judge q. w. Gibson, counsel fol
Mr.. Fenton, gathered up some of the
records of the case which were lying on
the desk preparatory to placing them in
proper condition to mail to Judge Miles.
Miss Dunlevy objected, saying that she
took the records from the files and as this
act made her responsible for them she did
not wish Mr.. Gibson to take them away
without giving the county clerk receipt.
y. ~. bdUCuelUeT Ol DeuuluS, dloo Coun-
sci for Mr.. Fenton, then objected to Miss
Dunlevy, a party in the action, having the
custody of the records. Miss Dunlevy re-
piled that she did not have the custody OF
the records whereupon MIR. Batchelder re-
torted with the answer that she had just
admitted that she did.
County Clerk f. d. E. Stowe stepped
into the breach at this point and said
that none but himself had charge of the
records and that Miss Dunlevy took them
from the files at his direction. FL. G. Bar
Der remarked that everybody would see
clearer when the dust had blown away.
Mr.. Batchelder made further comments
whereupon Miss Dunlevy told the lawyer
from Bennington that he was Liar. Mr..
Batchelder retorted in substance that his
estimate of the plaintiff was more than
sustained. At this point County Clerk
Stowe took the papers and locked them
up and Judge Miles said he hoped that
everybody would 60 away happy.
The hearing was on Miss Dunlevy's mo-
ton to dissolve an injunction secured by
Mr.. Fenton to restrain her from proceed
ing with the trial of the case in county
court until she had returned some letters
which disappeared from Mr. Fenton's desk
in his store. Friday noon Judge Miles Or
dered that 25 letters be returned to Mr..
Fenton and they were given back, but
Mr.. Fenton claimed that three others from
Miss Dunlevy to him were missing and
that Miss Dunlevy knew where they were.
Miss Dunlevy denied all knowledge OF the
whereabouts of these three letters and
claimed that they had never been writ
ten. E. j. Fenton testified that he had
kept his personal papers in a drawer of
his desk, including the three letters, sew
eral photographs and receipts. These were
tied in large package. The first letter
written by Miss Dunlevy was received
some time about Oct. 80, 1906, and related
to an occurrence Of few evenings before
on the Main street near the Brooks House.
The letters were missed some time before
the April term of the county court, 1907, |
shortly after second and third letters were
received from Miss Dunlevy asking for an
interview and making an appointment to
meet him at his store. These letters were |
written January IS and 10, 1907, and were
missed soon after Mr. Fenton stated that |
he had absolutely no knowledge of their
whereabouts until some of the receipts and
papers in the case turned up during the
taking of the dispositions in the Gale
Albin SANDER case.
Mr.. Fenton moved to the store at pres
ent occupied by him April Is, 1907, and
before moving out caused the papers kept
in the desk to be carefully examined. All
those not of value were thrown away.
Those thrown away were swept into
pile and left in the rear of the store. Mr..
Fenton requested NJ. j. Moran who was to
the vacated store to leave the pa
pers on the floor as a check was missing.
Later all the papers were taken out and
Barber sought to impeach Mr.. Fenton by
what he claimed was an ex-
tract from a deposition given by Mr.. Fen
ton in August, 1907, in the case of Fred
G.. Gale against John H. Albin in which
Mr. Fenton said that he first missed the
papers in November, 1905.
e. w. Condor, the next witness, stated
that for number of years he had been
employed as a clerk by Mr.. Fenton, and
that on or about Jan. 90, 1907, two letters
were received from Miss Dunlevy ad-
If the latter's absence in Bennington they
we're opened and read by the witness and
oy Miss Helen G. Fenton, employed at the
same store as a bookkeeper He said the
act that these letters were missing was
,alled to his attention short time before
he April term of the county court in {
1907. He was cross examined IN reference
o numerous trips which he had taken in {
Vermont, Massachusetts, and New Hamp-
hire, counsel attempting to show collision .
between Mr.. Condor and Mr.. Fenton.
Frank w. Colburn of Claremont, N. H., {
aid he had been employed by Mr.. Fen !
on as a clerk and that he assisted in NOV /
ng the desk April Is, 1907. He stated t
hat no letters were left on the floor of t
he store vacated by Mr.. Fenton.
M. j. Moran was next called to the l
tand and said that he occupied the store c
eft vacant by the removal of Mr.. Fen
on. He did not remember telling Joseph Il
)unlevy or anyone else employed by him a
o clean up the store and had no knowl- n
dge of its being done by any of his en- G
loyes. d
Arthur L. Rhode testified that he had &
barge of the store when Mr. Moran was /
bsent and that he was positive he gave d
o directions to anyone to clean up the V
tore. He said he did not know that the \
tore was swept out and cleaned by Joseph u
)unlevy, and that on the contrary he I
elieved it to have been cleaned out by Il
enton's men. Both he and Mr.. Moran b
estifed that Mr.. Fenton gave them di- e.
ections not to disturb the papers on the CT
oor.
Helen G. Fenton stated that at that
me she was employed by Clarke G. Fits
) stenographer and in the evening did
for her brother. She saw
nd read all three letters written by Miss .,
unlevy, and in the case of the letters e
ritten in January she read them and q,
,lephoned their contents to her brother :;
Bennington. r. G. Bacon testified that 4;
r A l.