The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1917-01-18
Whether Word Get" or
Catch" Was Used by
Sherry Important
WOULD NOT TAKE
CASH IN ADVANCE

ocueVeu Au1WdlS Could OF BE Caught
-Mundel Testified He Used Word
"shoot" to Sherry Before the Kill
ing, Showing His Purpose.
The heifer ease was incomplete late
yesterday when the jury were excused
until l O clock this afternoon. All the
evidence had been put in with the ex-
ception Of some rebuttal evidence
which the plaintiff, Michael J. Sherry.
expects to use this afternoon. After
that viii come the arguments and the
judges charge to the jury.
The case hinges apparently upon
whether Sherry used the word "catch'
IN the conversation with Bert Mum
dell, the principal respondent, when
they made trade by which Mundell
was to pay sl5 for three wild heifers,
the property Of Sherry on his farm
in Guilford, or whether the word
get was used and properly con-
strued by Mundell to mean that he
could shoot them.
Mundell, who was on the stand at
the noon recess yesterday, testified in
the afternoon that he was to paw SIS
to Sherry whether he got one, two or
all three of the animals.
Joseph Whalen, another of the re.
spondents, testified to having gone
with the party when the animals were
shot and to having helped bring them
to the Valley Grain company's store
house and that they were in fair con-
dition.
Mrs. Lillian Staples, a waitress at
Sherry's restaurant, testified to hav-
ing heard most of the conversation be.
tween Munden and Sherry. The word
'eateh" was used, she said.
Henry Knight Of West Brattleboro
was IN the restaurant and heard the
conversation. Sherry said that he
would "take SIS for them if Mundell
could catch them,' the witness tes-
titled.
Mrs. Sherry, wife of the plaintiff,
said that on the Sunday on which the
animals were shot Mundell came to
the restaurant in the evening and told
her husband that he had got the ami
mails. Munden said he had shot
them, laid $15 on the counter and went
out Her husband put it in an
envelope and placed it in the cash
drawer.
Sherry testified that he had a farm
in Guilford and kept from 10 to Is
head Of cattle there and that three of
them were SO wild they could not be
caught. He had last seen them April
ID, 1916. He said that he told Mum
dell that they were worth 500. He
finally told Mundell that if he could
catch - them he could have them for
$15. He would not take the money in
advance because he did not believe
they could be caught.
Edward Cannon, employed in VIII
kins's market, ate at the restaurant
at the time of the conversation be-
| tween Sherry and Mundeli and heard
it.
George T. Wilson of the Richardson
market testified that after the ami
| mails had been dressed the beef was
| worth probably from $S TO $3.50 per
100 pounds. He could not say what
they We're worth running wild
Sherry, recalled, said they were
worth 1925 to him alive and wild. He
had partly made arrangements to try
to get them. He planned to have two
bulldogs run them down and throw
them by catching them by the noses.
The state rested with his testimony
and the defense called Mundell as its
first witness.
His version of the deal with Sherry
was slightly different from that given
by Sherry, but not materially except
that he would not say whether the
word ''catch = or "get" had been
| used He told of calling up State 3
Attorney o. B. Hughes Sunday morn
ing and inquiring whether he needed
a hunting license to shoot animals that
he owned. After that talk he got Ray.
mond Angler and Joseph Whalen and
IN Guilford got Henry Grover aud
Charles Lee.
He testified that he stopped at Eli
Lee s house in Guilford and telephoned
to Sherry that he had heard out there
that there were six heifers running
wild and asked Sherry if he should
shoot the entire six and bring the
other three in to Sherry. He said that
Sherry told him he owned only three
and cautioned him against shooting
cattle belonging to others. Sherry de-
scribed his cattle to Mundell again and
told him to get Charles Lee to iden.
tify them for the party, Mundell said.
After they had shot the animals and
dressed them in Roy Clark s barn thev
came back to Brattleboro TO get a