Putnam patriot., 1914-03-27
BERNIER CASE
rIaim sIO,OOO For Life Of Boy Killed
 Al Fair
uo0ds,ock Fair Association Defendant

parnier admr. vS the w oodStock Agri- o,ltural Society was begun before Indce Milton A. Shumway and a jury. The court room was crowded as there ;s much interest in the trial of the case.
 The case is one where the plaintiff seeks to recover 000 damages for the death of his son, Joseph George, Jr., ooed 13. who was killed on the Wood stock Fair grounds Sept. 18th, 1913, by heinz carried up by balloon and drop ned to his death from a height of 300 feet in the eyes of 5,000 people who were in attendance at the fair.
 The Agricultural Society had secur- ed Professor Flower of Boston to give two ascentions and it was on the first day that the accident occurred. While the balloon was being filled crowd of men and boys gathered around. When tbe bag had filled and the balloon was released and shot upward the boy was seen hanging from rope and the spec tators watched in awe as he was car ried aloft. At height of about 300 feet the boy let go and shot downward and those who were able turned their heads but heard the dull thud as the little body struck the ground not far from the judges stand. The ascension was made by Willis Gates who made a triple parachute descent without being apprised of the tragedy until he had reached the ground.
 The plaintiff alleges negligence on the part of the defendant in that there was not sufficient police protection, that the place where the balloon start- ed was not roped of, and on several other points. The defendant denies these allegations and will endeavor to show contributory negligence on the boys part.
 Several of the jurors were excused by the court because they witnessed the accident or were connected with the association. Those remaining on the panel to try the case were:
 James Toomey c. A. Walker
 F. w. Gerrick w. H. Warder
 Alexander Bassett E. 0. Mathewson A. J. Clark E.. NJ. Allen
 A.P Copeland Walter Vaughan
 W. E. Reach E. B. Latham
 The first witness was Royal G. Bos- worth of Pomfret Center who told how the balloon was arranged and inflated The balloon was in an open field and there was no barrier of any kind to keep the crowd back. The balloon was held down by boys at the invita- ton of the man in charge. Heard some one say "Look outn just as the balloon started, Saw several ropes. Saw boy carried up with rope twisted around his left leg. Saw no one warn boys. Heard some one say not to wind rope around the hand. Saw boy with one hand on rope and trying to un. wind rope from leg with other.
 Mrs. Joseph Bernier, mother of the boy that was killed, said he was born in Fitchburg. Attended school and was good in his studies. Had seldom been away from home. Considered him bright boy. Small for his age, in good health, was 12 years and g months old when accident happened.
 Frank Bernier, cousin, went with George and saw him pay his fare in. Saw his body at undertakers with scar around his left leg and hands cut AS if with ropes. No cuts on wristl
 Olin Fuller testified to taking pie ture of the balloon as it shot into the air. The picture showing the aero naut and Ithe boy was introduced in evidence.
 John Jandreau of Oxford was with Bernier boy. Heard man say "Come boys take hold.H Some one said, Don't wind rope around your hand. '" Saw the boy let go the rope. On cross examination he said he did not hear the boy say that he was going up ways. He denied that he told Attor- ney Geissler that the boy made such statement.
 Earle Johnson of North Grosvenor- dale heard boys invited to take hold. Heard no warning. Fred Dupre, Eu- gene Dupre, Theodore Randeau, Omer Blanchette, Clarence Young, all small boys, testified to helping hold the bal loon.
 Joseph Dargin was hanging on to rope. When balloon went up rope caught him by the leg and threw him down. A spectator pulled him back by the coat tail.
 Joseph Burke also testified that when the balloon arose rope passed by his leg. Burke was the last witness for the plaintiff and they rested at 3.35.
 Harold Barrett Of west Woodstock was the defendants first witness. He saw the Bernier boy holding the rope. A man told the small boys to get back. The IBernier boy came back after he had been told to get back and wound the rope around his wrist. He heard the boy say, "Lets go up a couple of hundred feet or so and drop off," He heard the man say to the boy, "Darn you get back"
 EIlsmer Mcclellan said there were stakes to hold the balloon down. A man went around and gathered up the ropes and threw them in towards the balloon. Some of the boys came back