The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-23
Jury Finds for Plaintiff in
Suit Against Street
Railroad Co.
BREACH OF PROMISE
SUIT NOW ON TRIAL

Testimony in Suit Against Merton
A Doolittle = Defendant Still Will
ing to Marry.
The jury in the case of Thomas F.
Betterley against the Twin State Gas
& Electric Co. reported last evening in
county court verdict for the plaintiff
of $962.50. In so doing the jury re-
ported on four special questions asked.
These questions and their answers were
as follows:
Was the accident due to a ditch that
had been dug near the track? No.
Was the accident caused BY the
sleigh striking the guard rail? No.
Was the accident caused by the
sleigh striking against the running
rails Yes
Was the accident caused by the alb
sence of guard plank on the west
side of the track? Yes
Mr.. Betterley was injured by being
thrown from his sleigh on High street
last winter al point where the tracks
of the street railway turn from High
: into Oak street. In his suit for dam
ages he specified $4,000, but counsel for
him state that they offered to settle
IOT ABOUT SZ,UUU.
: The suit of Ethel E. Cutler of
Keene, \. H., against Merton A. Doc
little OF Brattleboro to recover $4,000
for services and for breach of promise
TO marry was begun yesterday after
noon. From indications the case will
run for several days before going to
the jury. The jury on this case is
! composed of Alton E. Robbins of Put
: ney, Julian J. Snow of Dover, Edward
T. Day and George B. Wheeler of
Rockingham, G. H. Gleason of Jamai-
ca, Lee H. Gale of Londonderry, A. C.
!, Franklin of Townshend, A. II. Wheel
! er of Townshend, L. T. Fairman of
! Vernon, William Stiles of Wardsboro
J. and A. R. Underwood and W. H. New
4 ton of Newfane. The two last names
were talesmen, the jury panel having
been exhausted.
Miss Cutler was the first witness
placed on the stand and again testified
this morning. She testified that she
! was born in Lebanon, y. H., and that
while teaching school in Putney she
made the acquaintance of the defend
/ ant. He was then employed in the
American House in Brattleboro. Sew
eral letters in which he invited her TO
visit him in Brattleboro were intro
duced in evidence.
e She testified that in December, 1897,
= she accepted the invitation and made a
u visit to Brattleboro. She said that at
u the American House she Joined in
drin king wine and that the next morn
! ing she awakened in that hotel, where
: she found she had spent the night. At
this point in her testimony court ad-
: journed to this morning.
Miss Cu+lpr yae IN +ba stand all
m of the morning session today and had
IF not finished her direct evidence when
y court took the usual weekend recess
It at noon to clock Monday.
a She was led to tell of her life since
y 1898 when she first went to live at
the home of the defendant She told
le of the homework she had done there
* of having taught school in Brattleboro
5? Vernon and Dummerston as Mrs. Doc
little and of having turned the money
le into the general purse. She told how
ne at one time in 1913 she had delivered
rb milk in order to help out and at vari
Gus times of how she had aided il
work on the farm.
She has testified that the defendant
had made her proposal of marriage
early in the period of their acquaint
IN ance and that he repeated it at diff
1erent times during tnelf long perlOt
:, of living together, but that it hac
- never eliminated in the performance
of 6 ceremony.
: proposition was made yesterda,
~. to the attorneys for the plaintiff tina
~ the defendant was ready and willin,
il iie to have the marriage ceremony per
nc formed, but the proposition was re
!. jected.
a9 The defendant has filed with th
4 & court claim for offsets amounting i
~ all to about the figures claimed by tn
~ plaintiff as due her for work and SCI
IS vices. She claims that between 81, 90
80 and $4,000 is her due for work and tn
oi balance of the 900 for which sh
~ sues is her due for breach of contrac
to marry.
Y. In his offsets the defendant charge
Ell Ell mp board for the years in which sh
~ made her home with him and charge
:, hire for a driving horse it is elaine
-he he kept for her use and for clothin
'In m he claims to have bought for her e.
20 elusive use.
oIo The case will occupy several day
y next week.