Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1916-06-30
BRATTLEBOR0 LOCAL NEWS
DooLITTLE JURY DIsAGREEs.
Brattleboro Mans Effort to Eject
John M. Moore of Newfane Fails
Trial in Municipal Court.

A municipal court consisting of A.
+. Roberts, foreman, II. b. Chamber
lain, Walter Il. Prouty, Fred Better
ley, Dana Stafford and Wales Adams
of Brattleboro, Ernest w. Dunklee
of Vernon, f.. II. Brown, II. d. Blood
and George w. Fisher of Dummers-
ton and James Thayer of Guilford
was unable to agree Monday after
noon On u verdict in the case of W.
G. Doolittle against John NJ. Moore
Of Newfane, which was brought to
eject the defendant from place in
Ncwfanc which the plaintiff bought
last September. The defendant claimed
verbal contract to stay on the farm
for one year. The arguments and
charge of the court were made after
supper and after the jurymen had been
out about an hour they reported a dis
agreement and were discharged by
Judge Frank T.. Barber
The witnesses for the plaintiff were
George Mundcn and john Moore, en-
ploycs of Mr.. Dooittlc, who ties flied
to certain threats which the defendant
made when Mr.. Doolittle moved Mr.
Mundcll goods into the back kitchen
of the house which the plaintiff was
asliAg possession of in this suit. Mer-
ton Stone testified to having been mott
fed to vacate Il house owned ut Brook
side by a sister of the defendant and
that the defendant had inquired when
he would be out.
=, The defendant, his sister, Mrs. .Eu
nice Thomas and Mrs. Lottie Hunt of
Brookside testified to being present
when the plaintiff arranged with the
defendant for the purchase of the
farm in question and claimed that the
plaintiff agreed to let the defendant
remain in the house for one year, but
admitted on cross examination that
the plaintiff had right to use part of
the house for some of his lumbermen
to live in, with the provision that no
Polanders, Italians or men objection
able should be let in.
The defense also called Attorney J.
G. Martin of Newfane, who was pres
ent at the time the trade WAS made
rs agent for the defendant, but did
not examine him at length. In rebuttal,
the plaintiff called o. b. Hughes, at
torney for the plaintiff, who drew the
deed by which the plaintiff secured
title, on the question of the defend
ant s right to stay one year. The
plaintiff testified that he had given the
defendant several notices to vacate the
house and barn on the premises. r.
c. Bacon appeared for the plaintiff
and Chase & Chase for the defendant.
Another phase of the same farm
deal was brought before Justice John
f. Morse of South Newfane Saturday,
when Mrs. Eunice Thomas brought a
suit for 5000 against w. G. Doolittle
and two of his employees for alleged
trespass on her place in Brookside
into which it was alleged that Mr..
Moore was going to move. She claims
the plaintiff moved wagon and
tanning mill to this place. The de-
PENDANTS alleged That the. implements
were only moved from the Doolitt1e
farm to the place whore Moore has
planned to move. The defendants APP
peared specially in the suit and filed
a motion to dismiss on the ground
that the justice had no jurisdiction of
the process, it being an action for
trespass on the freehold and for more
than 500. II. B. Chase appeared for
the plaintiff and argued that the New
Practice Act passed by the last legis-
lature gave the plaintiff a right to
amend her declaration. The motion
was granted and the action dismissed
o. b. Hughes appeared for the de-
PENDANTS.