Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1917-11-02
CONTRARY VIEWS BY
DIFFERENT JURIES
PerIey Martin Awarded $2I6 and
Costs in Damage Case
In Another Suit Growing Out of Same
Accident Verdict Is for Defendant
-Crowell Divorce Case Tried.

A peculiar fact in connection with
county court this week is that in the
trials of two suits for damages brought
by two different plaintiffs against the
same defendant, both on account of
one accident, the jury in one case re-
turned a verdict for the plaintiff
while in the other case q different jury
found for the defendant. A third case
against the same defendant, growing
out Of the same accident, is on the
docket but it is expected that the trial
will be continued to another term.
The first one tried was that of
Perley Martin of Brattleboro against
the Vermont Auto Sales corporation
of Brattleboro.
On Memorial day Mr.. Martin was
driving his motorcycle along Canal
street west, Henry johnson riding on
the rear seat and Richard Powers in
the side car. The Memorial day parade
was on Canal street at the same time.
IT is alleged that the defendant s car,
which was carrying Civil war veterans,
passed the motorcycle going in the same
direction, and that the rear part of the
car struck the motorcycle, threw it side
wise toward the curbing near the west
junction of Clark street and capSized
it, pinnng Mr.. Martin under the motor
cycle.
The Martin case was begun last
Friday afternoon, Attorney o. L.
Hughes appearing for Martin and At
torncy w. r. Daley for the defendant.
The case went to the jury about 3
o clock Wednesday afternoon and
about I o'clock the jury returned a
verdict for the plaintiff to recover
S2l6.66 and costs. The suit was
brought to recover for personal in
| iuries, damages to the motorcycle and
expenses.
| After the Martin case went to the
| jury the case of Henry Johnson, one
of the passengers with Martin, which
was suit to recover $1,000, was taken
| up, with the same counsel. This case
went to the jury about 2.lj Yesterday
afternoon and in about an hour the
jury returned a verdict for the de-
<"hdant to recover costs. A similar
suit brought by Richard Powers prob
ably will go over to next term.
Yesterday afternoon the case of
William II. Strange against John A.
| Beers of Vernon was begun. Strange
formerly worked for Beers and one
! day after the latter had gotten into
his automobile he asked Strange to
crank the car, which he did. The car
| backiired and Stranges arm was
broken. He brought suit for damages.
| Attorney Frank +. Barber is counsel
for Strange and Attorney W. r. Daley
is defending.
Friday morning the Jury was drawn in
the case of Mrs Nettie Hastings and son,
Clyde Hastings, of Bennington against
Alfred White of Whtingham, to whom
the plaintiffs sold farm in 1915. The
plaintiffs claimed that Mr.. White sold
some livestock in violation of their
rights and brought an action OF trovcr
The first witness was Clyde Hastings,
who testified as to the details OF the
sale. Attorney Harrie B. Chase on
cross examination read the contract to
the jury and asked the court to direct Il
verdict for the defendant. The court
took the matter under consideration, and
when court reconvened after dinner he
directed a verdict for the defendant. At
torncy Charles A. Maurer OF Bennington
appeared for the plaintiffs.
After the regular hours of court Mon
day afternoon the petition for Chris
tie b. Crowell of Brattleboro for di-
vorce from Elsnor X. Crowell of Cali.
fornia was taken up and heard. Some
time ago the court was requested to con
tinue the case for the reason that Mrs.
Crowell had brought n petition in Cal
ifornia, before Mr.. Crowel filed his
petition. The court intimated that the
case might be tried later in the term
and on Saturday announced that it
would be taken up Monday.
Attorney w. X. Daley asked permits
sion to appear for Robert Wallace,
whom Mr. Crowell named as correspond
emit, but the court would not allow him
to do 90 unless he appeared generally
for Mrs. Crowell. AS this would give
the court jurisdiction over Mrs. Crow
ell Mr.. Daley declined to so appear
: Hence the ease was uncontested and
evidence, including an affidavit from
California. was introduced for the pur
ose of substantiating charges of deser
: ton and misconduct. Decision was
reserved.