The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1911-04-14
DOCKET CLEARED UP.
New Rule Put in Force by Judge
Waterman at County Court.

The April term of Windham county
court opened at Newfane Tuesday morn.
! ing with Judge Il. l.. Waterman presiding
Assistant Judges Frank Worden Of Hall
fax and Edwin l.. Hastings Of Townshend.
County Clerk +. ID. Il. Stowe and States
Attorney Frank i. Barber of Brattlehoro,
Sheriff A. II. Thompson Of Bellows Falls,
and G. Sadie Smith Of Rutland, court re.
porter, were present at the opening, The
attendance of attorneys included practi-
cally all of the practicing lawyers Of the
county C. G. Fits II. G. Barber, A. +.
Schwenk, 4. w Gibson, r. G., Bacon, T..
| j, Waterman, +. i. Barber A. p Car
penter, G. $. Chase, W. Il. Daley. w. ID.
Smith, H. f. Whitney. c. NJ Miller and
NJ. p. Davis of Brattleboro. u. II. Albee,
II, d RYDER. A. !. Boles, +. b. Pingree,
| T. +. O'Brien. G. II. Thompson and w. A.
Graham of Bellows Falls, J. G.. Martin Of
Broeokline L, r. Pierce and Q, ?. Clayton
Of South Londonderry. o. + Butterfeld Of
| Wilmington, A. V d. Piper OF Jamaica.
John W. Redmond Of Newport, chairman
Of the public service commission, was also
present
The new rule relative to calling the Jury
for appearance on the second instead OF the
first day of court was inaugurated and fa-
eilitated the work of the court BY this
rule il is possible TO devote the first day
to calling the entire docket, listening to
the arguing OF motions for continuances
and transacting a large amount of routine
business which comes with the opening of
court. Continuances were entered in 80
cases and Ii cases were left open. There
were q number of entries made Of discon-
tinuances and settlements
Among the important cases continued
were the Windham Light & Lumber COM
pany VS.. Jamaica Lumber company. James
Griffin vs. Boston & Maine railroad,
Charles +. Brown & Co. vs. Oscar 7.
Ware. ct ais, and The Dewitt Grocery Co.
vs. Oscar T. Ware ct ais. The cases of
Archibald Mellen vs.. U. S. Health & Ae-
cident company, which was reversed by
the supreme court, will be tried at this
term. though il was passed at the calling
of the docket as Judge Waterman is dis
qualified from sitting in the case. The first
case to be tried was started Wednesday and
was that of Henry Grover VS.. Boston K
Maine railroad. A. F.. Carpenter and r. G.
Bacon represent the plaintiff. and Gibson
x Waterman the defendant. This is an ac-
ton to recover damages for injuries alleg-
ed to have been suffered by minor son Of
the plaintiff four years ago while the young
man was attempting to board a Boston K
Maine train at Brattleboro for Bellows
Falls during the Valley fair. 1t is alleged
that a trainman used force in putting the
boy off car. This case was settled this
morning and recess was taken until
o'clock Monday afternoon.
The second case for the jury will be that
of Elias Prouty vs.. Herbert Nichols, ap-
pellant. 1t is an action of trover and
comes back for retrial from the supreme
court The jury case of Joseph l.. Rome
VS. Brazil Barton, ct al, was disposed of by
a Judgment being ordered for the plaintiff
with damages to be assessed by the clerk
of the court This is a real estate case from
Wardsboro. The case of Mrs. Stella Goode-
nough Starr against f. W. Childs, which
was set for the jury yesterday. has been
withdrawn by the voluntary action Of the
plaintiff and removed from the calendar.
This case involved the issuing of an in
surance policy and the plaintiff alleged de-
ceit.
A case of local interest was that of the
T. r. Clark Automobile company VS.. Ed
par A. Holmes. The defendant defaulted
and Judgment was entered for the plaintiff.
Mr.. Holmes was guest at the Melrose
last summer and the case grew out OF the
care and maintenance OF his automobile by
tho T. r. Clark Automobile company. The
eieetment case of I. Raymond VS. Watson
F. French was discontinued. The defend
ants asked for continuance in the aliena-
ton of affection case of Edna f. Town
;hend VS.. George L. and Jennie s. Town
,hend. This case comes back from the su-
creme court. No entry was made in the
'ese OF Lisle NJ. Carpenter against the Cen
raj Vermont Railway company pending a
lecsion from the supreme court on the de-
endant's petition for a change Of venue.
rhe case of Elbert c.. Tenney VS.. Prucius
". Manley alleging deceit in the sale of
arm. was settled and discontinued. The
ase OF Lila w. Ingram, administrators, VS..
Rutland railroad was left open at the call
ng of the docket This is case where the
plaintiff seeks to recover damages for the
leath of her husband in the railroad yard
i Bellows Falls last year. Entries of set
lement and discontinuance were entered
n the assumpsit cases of johnson & Hall
1en VS. A. Joseph johnson and Gustaf r.
.indwall VS.. A. Joseph johnson. The
anne entry was made in the case of Brat
leboro Trust company vs. &. X. Rice and
rustees. The case of Town of Brattleboro
$. Hooker, Corser & Mitchell company to
ecover for back taxes was discontinued.
he court set SO divorce cases for hearing
nd several were left open.
Miss Angie Knight and Miss Ruth Hub
ard spent Tuesday in Springfield, Mass.