The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-07-19
Judge Miles Says Waterman
Case Should Not Be
Tried by Him
TOWN OF TOWNSHEND
SEEKS INJUNCTION
Would Restrain Allison Cushing from
Occupying Property Claimed by
Town Maintenance of School Is
Question Involved.

In the adjourned session of the April
term of the Windham county court at
Newfane yesterday several interesting
cases We're considered and some orders
were made by Judge Willard w. Miles.
Attorney W. r. Daley, representing
Judge L. l.. Waterman of the superior
court, argued for an immediate trial of
the suit of Judge Waterman against the
estate of Judge James l.. Martin, who
was a law partner of Judge Waterman
many years. The plaintiff claims that
several thousands of dollars are his due
from the partnership funds because of
overdrafts of his partner. Attorney G.
c. Fits opposed an immediate hearing
on the ground that there were hundreds
of entries that must be gone over and
that the defendant had not sufficient
time to prepare the case. He moved
for a jury trial when the ease is heard
Judge Miles intimated that il would
hardly be proper for him or any other
superior court judge to hear a case con
ccrping a superior judge and indicated
that he would appoint a commission to
hear the matter. He set Monday as
date for the interested parties to re-
port whether they could agree upon
man to he a referee in the case
An interesting case is that of the
town Of Townshend against Allison \ j..
Cushing of that town. In July, 1907, the
town bought of the Wyman estate a
piece of land in district No. on which
to build school house. The town built
a schoolhouse there and maintained
school except for two or three years
lately, when there were not enough
pupils to warrant the continuance of
that school The town continued to keep
the building insured and to care for the
property.
In 1909 Mr., Gushing bought the farm
of the Wyman heirs of which the
schoolhouse plot had been a part. He
has since lived on it. In the deed to
the town it is stated that the plot
bought by the town is ''to be used as
building lot for a schoolhouse and is
conveyed as long as used for school pur-
poses.
In 1913 no school was maintained
there and Mr.. Gushing obtained a quit
claim deed from the Wyman estate
for the schoolhouse lot In December,
1915, he notified the town to vacate the
property. The town fathers refused
the demand and bought locks and put
them on the doors and notified Mr..
Gushing to avoid trespass. Mr. Cush-
ing promptly obtained entrance to the
school building and placed on it locks
of his own, placed a bed in il and
since then has slept there nights.
This month residents of that district
have petitioned the seleetmen of Town
shend to reopen the school and a war
rant for town meeting to settle the
question has been posted. Among the
signers to this petition is a son of Mr..
Cushing.
The arguments in court yesterday
were on a bill in chancery, brought bv
Attorney L. Z. Barber for the town, in
which papers were served Monday. ask
ing that the court make an order re-
stralning Mr.. Cushing from interfering
with the town S property. The hearing
of the evidence III the case was post
poned to give Attorney A. F. Schwenk.
who represents Mr.. Gushing, time to file
an answer to the complaint of the town.
Judge Miles granted an injunction
restraining Louis and Louise Fountaine
of Guilford from interfering with the
| crops or property on a farm owned by
Thomas Fountaine. The defendants
| abandoned the farm, on which the
plaintiff held mortgage, in May
Thomas Fountaine went to the farm
and planted the crops and the defend
| ants soon returned and took posses
sion again. The plaintiff seeks also tc
foreclosc a mortgage on the farm. At
torney T. L. Barber appeared for the
plaintiff.
Another foreclosure proceeding wa,
| that of Charles T. Dunwell of Athol
Mass, against Emory Bills of Jamaica
The court ordered that the time of re
! demption be shortened to Sept. l a1d re
quired the defendant to pay before
| that time $357.57 and costs or vacatC
the property. Attorney F. E. Barber
appeared for the plaintiff and the de
fendant had no representative.
Attorney A. P. Carpenter was ap
pointed referee to hear the evidence
in the suit of the Cook Lumber Co.
against George E. Buckley of Jamaica
| This is a suit to recover balance al
| legged to be due.
L