The Barre daily times. (Barre, Vt.) 1897-1959, 1911-06-21
GREAT LEGAL STRUGGLE.
Over Part Of Estate Of the Late Eber
Cobleigh Of Lyndonyille.

1
St. lohnsbmy, June 81 AT the
opening Of county court Monday after
noon the jury was drawn for the
trial OF the case Of Webster & Harris,
administrators, vs. Frank G. Lynch
considerable time was occupied in ex-
anining the jurors and after a great
deal Of care the panel was chosen
lnasmuch as this Is expected to be a
long case of ten days or two weeks
the jurors not serving on this panel
were excused until called This does
not mean that they are excused for
the term because there il much work
for them to do yet before the end of
the term
| During the afternoon divorce case
was heard before Judge Hall IL was
the case Of Thomas i Dockman VS.
Anna 9 Dockman 1t appeared that
Mrs Dockman had preferred to live
elsewhere with her people and that
Mr.. Dockman chung to his native
heath The result was that Mrs
Dockman went to live with relatives in
New Mexico and Mr. Dockman re-
manned in St Johnsbury and asked for
a divorce on the ground of wilful de-
sertion. The which with its accom-
panying circumstances Judge Hall ruled
would not badly affect society and
therefore decreed a divorce on that
ground Herbert Hoyey appeared for
the petitioner
Al the opening of the Webster &
Harris vs. Lynch case, G. II. Merwin,
an officer in the office of the secretary
of the United States treasury depart
ment, was on hand from Washington,
/ ID c., to give testimony relative to
certain bonds which the late Eber Cob
leigh once held and later had cancelled
James i. Carter, manager Of the cor
poration business for the P Morgan
q Co, was also present TO testify rel
alive TO some coal and iron bonds in
the Philadelphia, Reading company
The testimony was put in at this
time in order to accommodate those
gentlemen who We're away from their
duties at great expense They We're
excused last night and returned to
their homes in New York and WASH
iugton
The counsel did not make their open
ing statements until yesterday morn
ing Mr. Cook for the plaintiff adj
ministrators and heirs told the jury
that he expected their evidence to show
that Eber Cobleigh was at one time
worth from $4,000 40 $4,000 that he
was about II years old when he
made trade with Frank Lypch 1.-THE
defendant) to take care of him, that
he was decrepit and that the defend
ant had taken advantage of his weak
nedd and induced him unduly to make
gifts to himself and family which is in
effect to defraud the legal heirs
Mr. Howe for the defendant denied
the statement OF mental weakness, say
ing that their evidence would tend to
show that Mr. Cobeigh was chronic
sufferer from rheumatism, but that he
was as rule prudent, thrifty and
willed what he did He said that their
evidence would further tend to show
that after losing his wife and daughter
Mr. Coblegh elected TO engage Mr.
Lynch to care for him, that Mr. Lynch
did that for five years and received
therefor $4,000 IN bonds and $1,000 In
currency; that Mr. Cobleigh did not
like his legal heirs, that he was an
gered towards this native town of
Lyndon through some dissatisfaction |
which arose when he gave the town |
d new library and that for these rea-
sons the deceased had willed to give
his property where he had given and
that there was no undue influence
The forenoon was taken mp with the
first witness called BIZ the plaintiff,
Frank G. Lynch, the defendant in this
suit Luther y Harris. cashier Of the
Lyndon national bank, Elias Wilder
and w. G. Way were the next wit
nesses called by the plaintiff All /
testified that from what they had
testified to on the stand they did not I
conclude that the deceased Cobleigh was
to make gifts before his I
death and during the time in ques t
ton.