davidaulloa/AmericanStories huggingface dataset:
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
OVERALL CASE IN
SUPREME COURT
Hearing in Montpelier Today on Appeal
from Award of $4,000 Damages
to Brattleboro Firm.

Attorneys in the suit of the Hooker Cor
ser 81 Mitchell Co of Brattleboro against
James T. Hooker, Charles d. Whitaker
and William H. Corser, proprietors of the
former Mohawk overall business in Schen-
ectady, n. Y, are in Montpelier to attend
the session of the supreme court which
opened today and especially to argue the
overall case this afternoon. Briefs were
submitted by both sides several weeks
ago, and it is understood that the court
has promised to render a decision at this
term.
Last April the master, NJ. C. Webber
of Rutland, filed a report awarding the
plaintiff company damages of SG9,O0O be-
cause of the conspiracy of the defendants
to withdraw from the Brattleboro firm
and establish a factory in Schenectady
and for their subsequent withdrawal and
taking trade lists and manufacturing goods
like those of the Brattleboro firm and in
juring the latter firms business About
$1,000 also was awarded to the plaintiff
company for money paid out by the de
PENDANTS in attorneys fees from funds Of
the Brattleboro company while they We're
members of it.
The masters award was affirmed by
Chancellor F. NJ Butler of Rutland in the
Windham county court April 10. Excep-
tlOnS were taken by both sides, the Brat
tleboro firm excepting when Judge Butler
refused to decree future damages and the
defendants excepting when the chancellor
refused to the introduction of testimony
as to what is referred to as 'the Rutland
contract"
On these questions, especially the mat
| ter of the Rutland contract, the case is
again before the supreme court The de-
| PENDANTS claim that a contract entered
| into between the parties in Rutland be
| fore the Schenectady plant was established,
| whereby certain litigation was to be ended
estopped the orator from proceeding
against the defendants on account of the
Schenectady business and that the orator
therefore is not entitled to any damages
/ The defendants claim that they never have
been given the opportunity, to which they
say they are entitled, to present the facts
as to the Rutland contract, and it is or
this question that the case now hangs.
| If the court rules against them it il
understood that that Will end and the case
so far as establishing the defendants liza
bility Is concerned 1t will then be up t
the orator to collect damages. Ii tn,
court rules in favor of the defendants the1
the whole case viii be reopened.
Attorneys Clarke c. Fits and Robert C
Bacon appear for the orator and Attorney
ii. H. & f. T. Barber and c. NJ Mile
for the defendants
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
SPAIN WANTS TO MEDIATE.
Alfonso Hopes World Peace Will Be
Sioned at Madrid

LONDON, Oct 5. = The Morning
Post s correspondent at Madrid attri-
butes the following statement to the
Spanish Premier:
"Spain continues to observe neutrali-
ty respecting both belligerents and
places at the disposal of either group
her diplomatic services should they be
required. This neutrality will be pre-
served until the end of the war.
cit is Spain S desire to do everything
possible to promote the cause of peace.
No other nation has o greater right to
exert that role. 1t is my hope, shared
by the King, that the world peace will
be signed at Madrid, an event which
is not improbable. y
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
Harry Leibwotz Broke Into
B. & NJ. Freight Car i'm
South Vernon
HOLDEN & MARTIN
LUMBER CASE OVER
Jury Finds for Stratton to Recover
S743, But Disallows Claims of S2,1O0
Court Takes Recess Until Thursday
Morning.

Harry Leibwotz, who was arrested in
Springfield, Mass, Sept. ,, charged with
the larceny of clothing from a freight car
at South Vernon and who had been con-
fined IN Newfane Jail since in default of
81 GOO bail, pleaded guilty yesterday
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 today
The court appointed Loren r. Pierce of
South Londonderry as counsel for the
prisoner.
Rufus Brawn, Il, a former inmate of
the Lyman school at Westfeld, Mass,
who was arrested at the same time with
Ieibwotz and who led the officers to sew
eral places where some of the stolen prop
erty was recovered is still in Newsane
jail. He has not entered plea Attorney
Harrie b. Chase of Brattleboro has been
appointed as his counsel
Court took a recess last evening until
Thursday morning in order that Judge F.
L. Fish might attend the opening Of the
supreme court in Montpelier. The case set
for trial Thursday is that of Lewis c.
Lowell, jr., of Bellows Falls, against the
New England Telephone & Telegraph Co
| The jury last evening returned a
verdict in the suit of Leslie Stratton of
| Williamsville against Holden & Martin of
| Brattleboro, allowing one of three claims
of the plaintiff and disallowing the two
others. The claim allowed amounted to
| S74G.13 and the claims disallowed amount
ed to about 50 100
The case was over lumber contract in
Townshend begun in 1905 and finished in
1909. Nelson Gray of Newfane began
icutting timber for Holden & Martin and
lcontinued until May, 1907, when the con-
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 bonus for taking over the con-
tract; another was an item Of S57S which
the plaintiff alleged to be due because the
defendants measured a certain amount of
lumber at a smaller thickness than it really
, was. Both Of these claims were disal-
2 lowed The third claim was for S5T3 for
t a difference in count in lumber as it was
loaded on cars in Townshend and as it
e was unloaded in Brattleboro. Mr. STRAIT
t ton claimed that the count taken as it
/ was loaded should prevail, and this claim
, was allowed with interest, minus credit
of S3S and interest, making the total
: tS14613. Other offsets filed by the de
t PENDANTS were not allowed
c. s. Chase and w r. Daley were attor-
neys for Stratton, and F. E. Barber and
! A P Carpenter were attorneys for HoI-
! den & Martin The jury took the case
about 80 and returned a verdict little
before 8 o'clock
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
RUSSIANS RETAKE CITIES.
Slackening of German Activity on
Eastern Front.

PETROGRAD, Oct. 5.-(Despatch to
the London Daily News. "A general
slackening of German activity has been
noticed along the entire front.
Since the failure of the operation at
Sventzianv the German left wing has
lost its activity. Likewise the righ,
wing, after a series of unsuccessful en-
gagements, has been unable up to now
to recover or alter conditions. Conse-
quently the center, having lost the ser
vice of the wings, is brought to a
standstilI by the determined Russian
resistance.
Military experts explain that the Ger
man failure is chiefly due to the alb
sence of reserves to relieve the caval-
". At Sventziany they have been
compelled to shift forces from the right
hanks of Eichhorn s, Scholtz s, and
GaIlwitz s armies over $50 to $50 miles
of damaged roads.
Russia S position at Dvinsk is un-
shaken. The enemy 5 attempts at an
assault from o-AlexandrOvsk, their
nearest point to Dvinsk, were repulsed
and north of Lake Drisviaty the vio-
| lence of the Russian artillery has even
| put the Germans to fight.
At Lubtcha, northeast of Novo Bru-
| dok, the Germans almost succeeded in
! crossing to the right bank of the Me
men. This was important to them foI
the purpose Of turning the Rivers Bere-
sina and Vislotch, tributaries of the
| Niemen. However, the Russians threw
| them back with great loss.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
CANAL MUST BE CLOSED.
Conditions of New Slide at Panama
Worst in It's History.

PANAMA, Oct. 5.-Lieut. Col Chcs-
ter Harding, the engineer in charge of
the Panama canal, has sent a message
to the secretary of war at Washing
ton recommending that President Will
sen issue an executive order officially
closing the canal until November l.
Col. Harding explains that it will
be impossible to clear the channel be-
fore that date and perhaps not then.
He favors refunding the tolls to those
ships which have paid them in and are
now awaiting passage and also that ar
rangements be made to tranship the
corgoes of the vessels and forward
them to their destinations.
1t is estimated, however, that it
would require at least a month for the
Panama railroad to complete the trans
shipment Of the cargoes OF the 80 YES
sells now in the canal waters.
The conditions caused by the new
slide are the worst in the history OF
the canal, according to Col. Harding.
More than 100000 cubic yards OF
earth must be removed before the chan
mel is again deep enough to permit the
passage of ships.
| The dredgers are maintaining a higf
point of efficiency and during the
month of September removed more thar
| 100000 yards.
| Canal officials are optimistic tha-
eventually the danger of slides will b,
| overcome.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
STATE MILITIA AND
MILITARY RESOURCES
Subject for Discussion by All Boards
of Trade Suggested by Greater
Vermont Association.

Presidents and secretaries of all the
business and civic organizations in Yer
mont have been sent copies of the follow
ing letter by the Greater Vermont asso-
ciation:
Dear Sir:
The crowds which visited the military
tent of the Greater Vermont exhibit at
the state fair Indicated that the people of
Vermont are immensely interested in mill
tary affairs and the activities Of the Ver-
mont military organizations The Greater
Vermont association had invited the Yer
mont National Guard, Norwich univer-
sity, and the military department of the
University of Vermont to make a display
illustrating the work and history Of the
Vermont National Guard and other mill
tary organizations in the state
The military exhibit was one of the
hits, if not the hit Of the fair The asso-
citation now suggests that every board of
trade in Vermont devote one of its month
" meetings this year to the consideration
of Vermont's 5 militia and her military re-
sources.
1t is consistent for the Greater Yer
mont association and its constituent mem
bers to work for greater interest on the
part of business men in this phase of the
states activities and for greater efficiency
along these lines, Just as they have worked
for county agricultural development, good
roads, publicity. and other things.
Possible speakers for such meetings and
dinners are as follows Col II T. John
son, First Regiment of Infantry: Gen Lee
| S. Tillotson, adjutant general of Vermont
| Capt J L. Bond, T. s. Infantry inspector,
instructor Of organized militia, state OF
! Vermont; Capt. Ira J. Reeves, L. S
Army, adiutant First Infantry, Vermont
| National Guard, and on duty with organ
lied militia in the adjutant generals de
partment.
! Organizations should communicate with
the office of the adjutant general at st
Albans with regard to securing speakers.
The Greater Vermont association will bt
happy to hear from you with regard t.
this whole proposition and to do every
thing possible to aid you in the carrying
out of your plans.
Yours very sincerely,
J. p. TAYLOR.
| Secretary.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
NARROWLY ESCAPES DROWNING
Minnie Mylott Falls into Greek While
Boating at Wallingford.

WALLINGFORD, Oct. 5.-A drown
ing accident was narrowly averted
here about o'clock yesterday after
noon when Miss Minnie Mylott and
Miss Marian Maranville, who had been
boating on Otter creek, attempted to
fasten a boat to a stake near the office
cf the American Fork and Hoe COM
panv's Office. The bank. at this point,
drops sharply to the water which is
about six feet deep. The girls let go of
the rope which was fastened to the boat
and in reaching for it Miss Mylott fell
overheard.
The cries Of both girls were heard by
w. A. Davis and G. ". Mason who
were standing on the steps of the com
pany's office. Mr.. Davis jumped into
the water and rescued Miss Mylott
who, unable to swim, had sank twice
Both were helped ashore by Mr. Mason
who waded into the creek and assisted
! them with an oar.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
Centre Congregational Church

Tuesday at I pm.-Necting Of the Boy
Scouts in the chapel. All who would like
to Join the Scouts should come to this
meeting \ hike viii be planned for next
Saturday.
The Wornan's auxiliary of st. Michaers
Episcopal church most cordially invites
the women OF this church to the mission
airy meetings held in their church Wednes-
day and Thursday of this week. We hope
that many may avail themselves of this
rare privilege.
Friday at S 80 pm.-Spccial meeting OF
Prudential committee in the chapel
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05

NEWPORT, R. l., Oct 5.-An explo-
sion followed by fire took place today
on the torpedo boat destroyer Cum
mings, while she was engaged in man
euvers off the coast. The Cummings
was Immediately headed for this port.
She is expected late today. The explo-
sion occurred this forenoon in q for
ward compartment and two men were
badly burned by oil flames. The fire
was soon extinguished, but it was de-
cided by her commander, Lieut.. J. Ere
mont to start back for Newport.
The Cummings left here yesterday as
member of the sixth division of
destroyers attached to the fleet of the
enemy in the war game off the
coast.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
HERBERT CLARENCE HERRICK.
Death This Morning of Wen-Known
Painter and Wagon Maker.

Herbert Clarence Herrick, So, died
this morning at 4 O'Clock in the home
of his sister, Mrs. Luther Sargent, at
81 Western avenue, after an illness of
three weeks with a complication of
disease.
Mr.. Herriclz was born in Lowville,
n. Y, April 8, 1857, son OF John
Newton and Sarah (Bush) Herrick.
They moved to Brattleboro when he was
one year old and he had made his home
here since He made wagons and was
employed in the carriage shop of Rock
well & Sherwin, but he was best
known as painter, trade which he
followed most of his life.
He leaves one son, Walter Herrick Of
Worcester, Mass, and two sisters, Mrs.
Melya Smith of Marlboro and Mrs. Lu-
ther Sargent of Brattleboro.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
MOTOR BOATS
NOT HELD UP
Neutrality Board Decides
Against Protest of
Germany
CRAFT Do NOT CARRY
GUNS OR PLACEMENTS
Nothing to Show that 40-Footers About
to Leave Boston Are Intended for
War Purposes as Won Bernstorff
Claims.

WASHINGTON, Oct. 5. - Specific
protests against the shipment of six
4G-foot motor boats from Boston to
England had been made to the state
department by the German embassy on
the ground that they are war vessels
destined to aid in the British campaign
againsi submarines.
The protest has been referred to the
neutrality board which has decided
there is no reason to prevent the ship
ments. The boats as shipped carry
neither guns, emplacements for guns
nor armor. The board held that IN
similar cases recently there was nothing
to show that the boats were intended
for war purposes or to place them in
the class of war vessels.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
Red Fleet Making Attempt
to Perfect Entrance
to Ports
MANEUVERS ARE MORE
EXTENSIVE THAN EVER
Progress of Operations VIII Be Kept
Secret to Allow War College to De
velop Plan of Defense-Aeroplane
Not Participating.

WASHINGTON, Oct. 5. = Admiral
Fletcher S Atlantic fleet of battleships
was engaged today in defending the
coast from Maine to Florida against a
hostile force under Vice Admiral Mayo.
This was the beginning of a 10 days
war game which had been planned on
more extensive scale than ever be-
fore attempted by the United States
navy. Practically every available YES
sci On the active list was participating
The hostile fleet, designated as the
reds, put out to sea from Newport, r.
l., and the other steamed from Hamp-
ton Roads yesterday. Admiral Fletch-
RS objective was to prevent the reds
from perfecting entrance at any point
The progress of the operations will
be kept secret because of the desire of
the war college to work out its scheme
of national defense.
All wireless stations along the coast
have been requested to communicate
what messages they may receive from
the ships to the navy department. Sep
arate wireless codes have been work
ed out for each division so that report.
may be read at the navy department
while neither fleet can learn what the
other is doing.
Submarines and mines will play al
| important part in the maneuvers
/ Theoretical mine fields have been lait
at a number of points and submarine
have been stationed at strategic place
along the coast.
The only branch of the naval servie
not participating in the game is th
iaeroplane corps. No provision for th
work of airships was made by the wa
Icollege in drawing up the plans.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05

LONDON, Oct 5. - Official messages
reaching London from Athens say the
bulgarian authorities Immediately af
ter the conclusion of recent conven-
tion with Turkey seized all Greeks and
other Christians who had fed from the
ranks of the Turkish army to take
refuge in Bulgaria and delivered them
TO the Turkish authorities. At the same
time, according to these advices, large
quantities of food and other supplies
have been sent to Turkey from Bulga-
ria.
No Official report has been issued
concerning the landing of allied troops
at Saloniki. According to Athens
thrce-ffths OF. the Bulgarian forces are
to 20 to the Serbian frontier and the
remainder will hold the Greek line.
Loss of the Hohenzollern redoubt
near LaBassee as announced yesterday
by Field Marshal French was a keer
disappointment to the English. 1t !;
assumed the British troops, after then
rush forward over comparatively wild,
front, dad not have sufficient time t.
consolidate this difficult position.
The British commander s admission
of the loss was tempered with the state
meut that German counter attacks ha'
been beaten off along the remainder 0
tho British front.
Military writer's profess to see al
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
Bulgaria's Reply to Russia
Has Not Yet Been
Received
TIME LIMIT UP AT
$50 THIS MORNING
Germany. Expresses AstoniShment That
Gar Should Make Such Demands
After Recent Defeats-other War
News.

No answer had been received in Pet
fograd up to noon today to the
altimatum sent by Russia to Bulgaria
Contrary TO first reports the lultimatum
was not delivered until p. m. Monday
and the time limit was not due to ex-
Tire until ! p. NJ. today or $50 a. m.
New York time.
Recording to news agency despatch
from Nish the entente powers were to
have supplemented Russia IS action by
sending yesterday collective ultima
tum to Bulgaria. Petrograd advices,
however, Indicate the taking of such n
step was not looked for. Dispatches
from Sofia to a Milan newspaper
say a military convention was signed
some time ago between Bulgaria and
tho central powers.
An Athcns despatch to London news
papers declared Greece was obliged to
raise a formal protest against the land
ing Of allied troops at Saloniki, where
French and British forces are reported
to have been put ashore, because under
the Greek constitution special legisla
iion was necessary to sanction the
landing of foreign soldiery.
Rumania, according to quoted re
marks of her premier printed in Italy
viii maintain her neutrality for some
time at least.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
WILSON AT WORLDS SERIES.
Will See Second Game in Philadelphia
on Saturday

WASHINGTON, Oct. ). = President
Wilson will attend on Saturday in Phil
adelphia the second of the world S Sc
ries baseball games and wiz toss to the
umpire the first of the balls used.
With him viii 90 Secretary Tumulty,
DR. Cary T. Grayson, his naval aide and
physician, and perhaps Miss Helen
Woodrow Barnes, his cousin. 1t will
be the first time that President has
seen one of the deciding contests Of
the season
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
FEAR IN CUBA OVER DR.. BoBo.
Deposed President of Hayti and Follow
ers at Guantanamo.

HAVANA, Oct 5.-Dr. Bobo, the de-
posed President of Hayti, who has been
at Santiago de Cuba, has gone to Guam
tanamo to meet his compatriots, many
of whom have landed there clandes-
timely.
The Guantanamo newspapers are urg-
ing the government to increase preeau-
tions against a negro uprising.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
WARNING SENT TO
TURKISH GOVERNMENT
Friendly Relations With United States
Will Cease Unless Massacre of
Armeilians Stops.

WASHINGTON, Oct. 5.-The Turk
ish government will be formally noti-
fed that unless the massacres Of Ar
menians cease friendly relations be-
tween the American people and the peo-
pie of Turkey viii be threatened. In
structions to that effect had gone
today to Ambassador Morgenthau at
Constantinople for presentation to the
foreign Office.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
= 4 4 ~ vie
Secretary.

Capt f. w Gibson, who took over the
command of Company | a short time be
fore the annual encaTnpment this summer,
viii call the attention of the officers of the
board of txade to the movement and ar
range. if possible, a meeting at which sew
eral prominent national guard officers
of the state viii be present as well one
or more officers of the regular army.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
IN CRITICAL CONDITION.
Bishop Goldman Still Unconscious From
Operation Yesterday.

BOSTON, Oct. 5. = The conditions
Of the Rt. Rev Robert Goldman, bishop
of the Episcopal diocese Of Maine, who
underwent an operation at hospital
here yesterday, remained critical today.
The Bishop is still unconscious.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05
THE WEATHER.
Rain Tonight With Fair and Cooler
Weather Tomorrow.

WASHINGTON, Oct. 5. The
weather forecast: Rain and cooler to-
night. Wednesday fair and cooler.
Moderate to fresh southwest to west
winds.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05

There are Is German Rhodes scholar
ships at Oxford, each Of $l,250 tenable
for three years, the holders to be
nominated by the German emperor.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05

PETROGRAD, Oct. ). - Russia S ul-
timatum to Bulgaria was not delivered
to Premier Radoslavoff until 4 clock
yesterday afternoon. This statement
was made officially here today. The
foreign office at noon today stated that
no answer to the ultimatum had been
received from Bulgaria.
1t is not expected by the foreign Of
flee that an ultimatum will be present
ed by Russia s allies Russia did not
insist upon demobilization by Bulgaria,
but If is expected that if this is not
done at once Bulgaria will gradually
reduce her army to a peace footing il
case her reply is favorable to Russia
The Russian minister at Sofia may
remain there indefinitely as private
citizen, owing to illness, even should
diplomatic relations be severed.
The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-05

BERLIN, Oct. (wireless to Say
Vile 1.-The Russian ultimatum to Bull
garia was received here with astonish-
ment, says the Over Seas News agency.
The political world was amazed that
Russia, after her recent defeat on the
battlefield, should find the courage to
make an aggressive movement of this
nature. 1t means simply the violation
of a sovereign right.
4 diplomatist who is now in Ber
lin, when questioned concerning news
of landing of allied forces at Saloniki
asked where the entente powers would
find troops for this purpose, adding
that the attitude of Great Britain an6
France was like that of a man
who during a fight knocks an uninter
ested onlooker on the head until he OBJ
tains his friendship and help.