The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1914-12-22
Attorneys in Overall Case
Have Tilt at Hearing
i'm Rutland
WHITAKER GETTING
RID OF PROPERTY
So MIR. Fits Said Is Shown by Records
Motion by Mr.. Barber for Permis-
sion TO Amend Answer to Original
Bill Orator Alleges Bad Faith.

sion TO Amend Answer to Original
Bill Orator Alleges Bad Faith.
Counsel in the overall case were in
Rutland Yesterday, Special Master NJ |
simply a link in the defense IS chain, com
to that day. when it was expected that |
the defense would present its side Of |
the case, which is on the amount of
damages. The Rutland Herald Of this
morning reports Yesterdays : hearing as |
| follows:
spirited argument between coun
tsel in the famous Brattleboro overall |
ease before Special Muster NJ. G. Web |
ber at the county court house vestcr-
/ day afternoon enlivened one of Sc
| lries OF desultorv hearings which are
being held in an effort to determine the |
actual damage done the Hooker, Corser,
| Mitchell Overall company of Brattle-
| boro by the defendants in the action,
| j. II. Hooker, W. II. Corser and e. ID.
| Whitaker. Attorney Clarke c. Fits for
the orator company claimed that an ap
lplication filed with Chancellor T.. H.
| Waterman hy the defense. asking for
a right to amend the original answer,
was not made in good faith and is
simply a link in defense s chain, com
/ plotting n series Of delays which have
materially assisted in keeping the well
known overall case in the courts of
this and New York state for the last
five years. Attorney Frank f. Bar
ber said the application for right TO
amend the original answer was made
in good faith and he fully expected
that the chancellor would grant to the
defendants permission to take some
further testimony.
Move to Amend Answer
..Thc defendants i'm this ease were
once members of the Brattleboro con.
cern, bat they Withdrew and six years
la9o started a rival concern known as
the Mohawk Clothing company in
Schenectady, y. y. 1t IS charged that
lthCy hired away employees and sales
men from the Brattlehoro concern
and used the companv's 5 trade lists in
getting business. \ final decision up
holding the claims of the Brattleboro
concern was handed down l,y the su-
preme court of this state at the session
j, held in this city the latter part of
: November. The case was returned to
Especial Master Mebhcr tor the assess
, ment OF the actual damage suffered by
. the plaintiff company.
THE testimony of the orator COM
r 3IaHN Was 1oHlfftPAGu before tNc feieIet'
4 Hast week and t he defendants were Civ
c len until Yesterday TO secure some affi-
e dayits and TO produce the remainder
i of their witnesses in court. When the
il hearing was resumed Yesterday after
{ noon ATTORNEY Barber told of the apph-
eation made to Chancellor Waterman,
4 who is sitting at st. Johnshury and he
S iasked for time in which to get an
a opinion from him. The defendants
k in this application ASK the right to
5 amend the original answer to the bill
= lof complaint and it is understood this
4 TESTIMONY will be inclusive of the Rut
r land meetings when a settlement was
<. ATTEMPTED. In argument yesterday af
Iternoon Mr. Fits said that the grant
ling of this application would reoper
lanother long line of litigation and
would overthrow the five years OF court
10 work already disposed Of by the 81
ipreme court,
Merry Chase for Their Money.
! Attorney Fits said he thought tn,
: master should be informed of the con
r dition of affairs in Schenectady Ht
:, said: This company is now being con
N Quoted under a recevership. One. an,
( don t know but two, Of the defend
,f ants is in bankruptcy and the defend
20 ant, Whitaker, is getting rid of hi
j property as shown by the public rec
- ords At best my clients viii have
merry chase to get their money and
strongly oppose any delay in this mat
ter
in Master Webbcr decided that tn
at hearing should be adjourned unit
Monday, December IS, and he ordere
- that the defendants should have a
~ their testimony, either oral or b
dispositions, before him not later tina
b Tuesday night of the same week. !
is probable that the hearings on tn
n question Of the defendants applicatio