Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1915-10-08
TWO YEARS IN STATE PRISON.
Harry Leibwotz Broke Into B. g. M.
Freight Car in South Vernon-Holden
s. Martin Lumber Case Over.

Harry Lebwotz, who was arrested in
Springfield Mass, Sept. 5, charged with
the larceny of clothing from a freight car
at South Vernon and who had been con.
fined in Ncwfane Jail since in default of
1000 bail, pleaded guilty Monday
afternoon in county court to the charge
and was sentenced to serve not less than
two years nor more than three years at
hard labor in the state prison at Windsor.
He was taken there Tuesday.
The court appointed Loren r. Pierce of
South Londonderry as counsel for the
prisoner
Rufus Drawn, II, former inmate of
the Lyman school at Westfield, Mass
who was arrested at the same time with
Lcibwotz and who led the officers to sew
cra places where some of the stolen prom.
crty was recovered, is still in Newfane
jail He has not entered plea. Attorney
Harre b. Chase of Brattleboro has been
appointed as his counsel.
Court took a recess Monday until
Thursday in order that Judge F. l..
Fish might attend the opening of the
supreme court in Montpelier.
The jury Monday evening returned q
verdict in the suit of Leslie Stratton of
Brattleboro, allowing one of three claims
of the plaintiff and disallowing the two
others. The claim allowed amounted to
S14G13 and the claims disallowed amount
ed to about $500.
The case was over a lumber contract in
Townshend begun in 1905 and finished in
1909 Nelson Gray of Newfane began
cutting timber for Holden & Martin and
Al
tract was turned over to Stratton. 1t was
then about half completed.
In the suit three claims were made by
the plaintiff. One was an item of 81 800
which he alleged Holden & Martin agreed
to pay as a bonus for taking over the con-
tract; another was an item of $57S which
the plaintiff alleged to be due because the
defendants measured certain amount of
lumber at a smaller thickness than it really
was. Both of these claims were disal-
lowed. The third claim was for 1913 for
Il difference in count in lumber as it was
loaded on cars in Townshend and as it
was unloaded in Brattleboro. Mr.. STRAIT
ton claimed that the count taken as it
was loaded should prevail, and this claim
was allowed with interest, minus a credit
of %'}S and interest, making the total
Nitplo' OlllcI OlISclS nleu by the de-
icndants were not allowed
c. 5. Chase and W. r. Daley were attor-
neys for Stratton, and f. f.. Barber and
y. =. Carpenter were attorneys for Hol-
den n Martin The jury took the case
about 80 and returned verdict little
before o o'clock
The court heard yesterday the suit of
Mrs. E. a. Phillips of Westminster
West against Mrs. b. Levin of Man
chester Center to recover balance al
legged to be due for services as a nurse
for five weeks and two days. Tho
jury awarded damages of $64.25.
1t was claimed by the plaintiff that
she went to the Levin home on call and
remained there four weeks and two
days before actively being employed
on the case. She claimed pay for the
time she spent there after being called.
me defendants claimed that theyt en-.
'pi0yed her one week and paid her for
her services.
Attorney o. B. Hughes was for the
plaintiff and Attorney A. f. Schwcnk
for the defendant.