Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1910-09-16
NO. 81.
ALIENATION SUIT ON TRIAL.
Harry C. Wilbur Seeks $4,000 for Loss Of
Wlfe's Affectons-carpenter Petition
for Change Of Venue Not Decided


Although a good amount of business
has been transacted in county court at
Newfane this week only one case has
been tried, the court case of Eels and
Frost against Miss Sadie A. Turner, all
of Brattleboro. This was an action on a
prOmissory note Of S40O. The evidence
showed that the note was given for beer
bought by Miss Turner when she was
proprietor of the Brattleboro House. The
defense was purely technical the ques-
ton raised being as to whether the beer
was sold properly under a second class
license. F. e. Barber appeared for the
plaintiffs and r. c. Bacon for the de-
fendant No decision was given.
Court convened for the September term
Tuesday at II o'clock Judge w. II. Tay-
lor of Hardwick presiding. There was the
usual calling of the docket and some
cases we're continued, one being that of
Archibald Mellen against the United
States Health and Accident Insurance Co.
This case was docketed in 1904 Another
case continued is that of Thomas p.
Stockwell of Vernon against the COnnec-
ticut River Power company. Many other
cases are resting on motions for contin-
uaHce.
The court charged the grand jury Tues
day afternoon and the rest of the time
until yesterday, with the exception of the
trial of the court case mentioned was
taken up largely in arguing motions.
The grand jury reported four indictments
yesterday and were discharged. Permis-
sion to publish the indictments has not yet
been given. The grand jury's report on
the jail was in general that it was in
good condition. but that the lower room
needed better ventilation.
BY agreement of parties, judgment was
entered in the matter of the appeal of
Gersham r. Rice of BrattlebOro from
by the probate court, whereby he is de-
clared to he mentally capable Of caring
for himself and his property. The effect
Of the judgment is to release him from
guardianship. Judgment was entered
for the plaintiffs. by default, in the cases
of Walter G. Hadley against Robert Fl.
Fuller and Niona Fuller. aSsumpst; the
MotsnEer Device Manufacturing COM
pany against the Abenaque Machine
Works and trustee assumpsit; the Chi
cago Pneumatic Tool company against
the Abenaque Machine Works, assump-
sit w. II. Taft against c. e. Haskell,
assumpsit The amount of damages in
those cases was not decided upon.
Much interest has centered in the suit
of Lisle VI. Carpenter against the Cen
tral Vermont Railway company. which
is an action to recover $25,GOO damages for
the loss of a leg in an accident on the
Central Vermont road while he was an
tmppEe OF Ine company. petition was
filed recently asking that the case be
transferred to some other county on ac-
count of the feeling existing in this coun-
ty against the road because of the recent
strike. The plaintiff denies the allego-
tion that there is such a feeling that n
fair trial cannot be had in this county,
and he has submitted about 20 depositons
to that effect. The petition has not been
argued in open court, but has been taken
up evenings and other times at the con-
venience Of the court. No decision has
been reached.
The case now on trial is that of Harry
G. Wilbur of Wardsboro against Myron
T. White of that town, charging ariena-
uons of affections. After some difficulty
in securing a jury the case was begun
yesterday, and it will occupy the rest of
the week. Wilbur alleges that since
June, 1905, White has corrupted the mind
of the plaintiffs wife Cora L. Wilbur
and that she has left him He sues for
$4,000. White recently sued Wilbur to re-
cover a book account of 500 and Wilbur's
property was attached In the suit for
alienation of affections A V. d. Piper
of Jamaica and r. c. Bacon appear for
the plaintiff and H. G. & F. 2. Barber
for the defendant.