Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1916-09-29
WATERMAN ON TRIAL
Very Little More Business to
Come Before Term Of Court
Brown Lost Suit Against Power Com
pany--Defendant' Verdict in Reed
Ilium Lumber Co. Case.

Ilium Lumber Co. Case.
Judge Leighton p. Slack, presiding
at the September term of the Wind
ham county court, ruled Friday af-
ternoon that the contract between Will
son l. Brown and the Connecticut Riv
er Power Co., concerning the use of a
certain road was in force for only the
time the company used the road. This
left to the jury the question of deter
mining the exact length of time the
company used the road and after be-
ing out 20 minutes they found that
the road was used for one week. In
asmuch as the Power Co. had rendered
Mr.. Brown the full amount due for
one week s use of the road, $15, this
threw the costs upon Mr.. Brown, and
they are considerably more than the
amount to be recovered as a result of
the verdict. The case will be taken
to the supreme court by II. G. & f. f.
Barber, counsel for the plaintiff, on
exceptions from Judge Slack 8 ruling
G. G. Fits appeared for the defendant
company.
The jury in the case was composed
of r. b. Thomas of Guilford, foreman,
Henry Stockwell of Brattleboro, Luke
II. Weatherhead of Brattleboro, Frank
Leonard of Dummerston, Samuel r.
Leonard of Grafton, r. j. Phillips of
Halifax, w. A. Newell of Jamaica, B..
E. Morse of Newfane, George l.. Hap
good and David Savage of Rocking
ham, Harry Howard of Townshend and
Frank G. Smith of Wilmington.
This case has aroused special interest
because of the wording of the contract
and its acceptance by the plaintiff. The
plaintiff sought to recover $352.50, al
legged to be due for 20 weeks use of
private road over his property at
the rate of $15 week.
In July, 1915, the company was en-
gagged in hauling materials to repair a
dixie on the property of the Brattle-
boro Retreat. To shorten the haul per-
mission was obtained by the company
to haul the materials over the private
road through the property of Mr..
Brown and an agreement was signed
by Attorney Harold E. Whitney of the
power company to pay the plaintiff
for the use of the road at the rate of
$15 week.
The letter embodying the agreement
on the bottom of it: "Accepted by
Wilson !. Brown for the year 1915
The company ceased to use the road
after one week and rendered payment
of $15, which was declined and claim
was made for payment for the remain
der of the year 23 weeks.
The company last December sought
to have Mr.. Brown restrained from
bringing an action at law, but the pc
tition for an order OF restraint was dis
missed by Judge Frank Le Fish with
out prejudice. The company claimed
that "the construction which he (Mr.
Brown seeks to put upon the agree
ment is false, unjust, negotiable, ex-
orbitant and fraudulent
The case of Henry r. Brown of
Brattleboro against J. NJ Ballou, which
was to have been heard at the close of
the Power Co. case was reported as
settled.
AS no other case was ready for trial
Friday afternoon Judge Slack or
dered recess until Monday afternoon
at 2 clock
The case of Richard B. Reed agains
the Ilium Lumber Co., in the Windhal
county court, was taken up Monday
afternoon.
The plaintiff claimed that there wa
$3.50 due him for labor from the de
PENDANT company, basing his claim OIL
an alleged talk with President EatOl
of the company in which the plaintiff
claims that the president promised t
see that he received pay for all of hi
labor after an Independent contractor
by whom Reed was first employed, ha
failed to meet the terms of an agree
ment with Reed. The company denie
obligation. The jury returned yer
dict for the defendant.
+. E. Barber appeared for the plain
tiff aid +. G. Archibald of Manche'
ter and A. +. Cudworth of London
derry for the defendant company.
The case of the state against l.. W
Waterman of Brattleboro, charged with
statutory offense upon evidence of DorC
thy Kendall, Is, of West Dummcrstor
was begun Wednesday in the Windhar
= county court. The following comprise tn
! jury:
Edward II. Wellington of Brooklin'
Samuel T. Leonard of Grafton, n.
Pierce of Jamaica, Albert $, Hayward {
Londonderry, George L. Hapgood an
David Savage of Rockingham, Harry How
ard of Townshcnd, W. Ii. Newton of We
non, Elbridgc L. Farmer of Westminste
d G.. a. Barker of Nottingham, A.
J. Haynes of Wilmington and James y
Eastman of Windham
3 States Attorney o. b. Hughes is assis
II ed by Attorney General Herbert G. Ba
: Der. Chase & Chase are counsel for II
respondent
!. The first witness called was Sheriff
n +, Mann, who identified the responder
n as a public automobile driver OF Brattl
o boro. G. Il. Capron, West DummerstC
]. merchant, told of Waterman and anoth
a. man inquiring after the girl the night 81
n left home.
n The girl in the case was the only 9th
4. witness examined at the morning sessio
a. She told story of having accepted Ri
with the respondent on a rainy evenll
last May in company with another g
10 10 Her companion got out of the automob
" near the house where she was making h
= home and the witness and Waterman co
~ tinued ride until they reached poi
y on Maple street between the Austine
"a eli tution and ELM (ornnro