The Barre daily times. (Barre, Vt.) 1897-1959, 1911-10-05
CONTESTED WILL CASE
IN SUPREME COURT
Arguments Presented in Bean Case from
Plainfeld and Also in Two Deer
Slaughter Cases.

The contested viii case OF 0r2ella e..
Bean, in which Everett A. Bean, ct al,
are appellants, came up in Vermont SUI
preme court yesterday afternoon. The
will was established in the lower court,
and the appellants filed exceptions, which
were later amended.
In the arguments yesterday afternoon,
ii. q. ShurtleiI, for the contestants, said
the will in question was dated August
26, 1909. 1t leaves the SUM of IS each
to all the children of Orzella G. Bean ex-
cept Charles, who received the residue
small place short distance from Plain
field village The contestants claimed
undue influence, Exceptions were taken
on several points as to the admission
OF evidence and 10 certain portions Of
the charge to the jury. An attempt
was made during the trial to show that
Charles Bean had written letters to his
mother telling her that If she willed
each Of them 81 the win could not be
broken.
In the case Of one witness exceptions
were taken because he was not allowed
to state as 70 Mrs Beans mental con-
dition, it being eontended he was not
an expert. The contestants lled large
number OF suggestions in regard 20 the
courts charge, some Of which were not
adhered to and exceptions were .aken
in this regard.
r. NJ. Harvey, for the proponent, ar
gued that ii Bean wrote telling his
mother TO will each of them ST." the
phrase included himself as we'll as the
other children. He held that no undue
influence was shown and that in fact
Bean had sent his parents many gifts
OF money and valuables, especially on
birthdays and at Christmas. He held
that the witness, Fisk, who was asked
to state whether he considered Mrs.
Bean OF sound mind, had had no means
of ascertainng the facts in the case
and was not in a position to make a
positive statement.
Deer Damage Cases Heard.
Before taking up the Bean case the
court heard two Windham county cases
OF State vs.. George Carruth for killing
deer and State vs.. Herbert l.. Streeter
for same charge, G. c. Fits represent
ing defendants and States Attorney +.
f. Barber, the state Deer were shot in
Halifax. Two men serving the owner
OF the property where they were shot
were prosecuted The owner was ac-
quilted. bat in order to raise the ques-
tion OF property the demurrer was filed.
The case itself is small but it is
important as tremendous damage is done
by deer in southern Vermont and Mr..
Fits placed his query as to wheth
er a man killing deer. in defense OF
his property must defend himself in
court, or whether the. state should not
satisfy itself reasonably that there is
cause for action against the man and he
would put the. burden Of such inyesti-
CATION on the state.
If q Jnau has to clear himself at
law when he shoots for a deer in de-
Tense Of property rights. he is not go
ing to take the risk as usual thing
and win allow the pest to override him.
States Attorney Barber argued that it
was not necessary to mention the fact
as TO whether or not the deer was dam
aging crops when shot He held that
this. was matter peculiarly within
the knowledge Of the defendant alone
He should have defended on the point
as it was exclusively within his knowl-
edge Mr. Barber argued that the ex-
eeptions should be overruled.
Another matter taken up was the pc
titiou Of the Central Vermont railroad
for transfer of several cases for damages
from Windham county court to other
counties in behalf Of fair trials since
il was the opinion of the railroad otii-
cials that the railroad war" in Wind
ham county had aroused great feeling
and prejudice The cases are Central
Vermont VS.. L. NJ. Carpenter; Central
Vermont vs. Maria L. Johnson; Central
Vermont vs.. Noble y. johnson; Central
Vermont vs.. Fred Ellis.
A complaint in disbarment proceed
ings has been filed by the attorney gem
eral with the court against William B.
Aldrich Of Barton, charged with col
Letting money and not turning il over
to clients and with taking cases on
shares.
A short session OF the court was held
this morning. when two decisions were
rendered. In the case of State VS., Bovd
indicted in Windham county for murder
and sentenced to not less than nine and
not more than ~ years in the state
prison. exceptions, filed by the respon
dent. were overruled and the verdict was
affirmed.
In Rutland Railway, Light & Power
Co. VS.. the Clarendon Power Co., the
motion for a new trial was denied The
court then adjourned to next Tuesday,
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