The Barre daily times. (Barre, Vt.) 1897-1959, 1917-10-31
County Court Jury Upheld
Judge f. j. Martins
Decision
'LECLAIR DAN 5E
SUIT NOV IN TRIAL
The Plaintiff 5ims $4,000
Damage # 8 M. & W.
R. 2 R.

Phe jury in the case brought TO break
the will of the late j. D. Clogston, which
has been on trial in Washington county
court for week, returned a verdict late
yesterday afternoon, in which it was
held that the will was not valid, thereby
sustaining the decision of Judge +. }.
Martin when the case was tried before
him in probate court.
An attorney for Mrs. Jennie Chimney,
who was striving to have the will sus-
tanned, asserted to-day, that the case
would be taken to supreme court. Mrs.
Chimney was willed ST 900.
Trial of the case of Peter LeClair of
Barre against the Montpelier & Wells
River railroad, in which the plaintiff
sues for damages sustained when a train
of the defendant railroad ploughed into
his blacksmith shop in Barre last spring,
was started yesterday afternoon. An
odd feature of the case at the outset was
that not single man called for the jury
was challenged. Court officers say that
this has not taken place in their remom-
brance. The jurors called were as fol-
lows: d. w. Cummings, B. NJ. Shepard,
Frank Nichols, Harry Hale and Harry
White of Montpelier, D. Fl. Skinner of
l.. C. Beck of Barre, B. S.
Cove of Berlin, G. H. Putnam of Worces-
ter, f. d. Barton of East Montpelier,
Charles Foster OF Montpelier and f. A.
Baldwin of Woodbury..
This bids fair to be a short one, in
nf "a hvv
some who knew something about the
case, for the defendant admits the LA
bility as to damages, so that the fight
will be over the amount of damages
which the company should pay. The ad
lamnum set up in the writ was $4,000.
The first witness was Mr.. jacques,
who was employed in the livery stable,
against which the freight car pushed the
rec when it went through Mr.. LeClair's
shop one day last spring He
old of the accident, how the car went
through the shop and the place where
lfr. LeClair was found after the accident.
Fred Slayton, Samuel Sinclair, George
dorris, A. j. Stewart, Robert Carpenter.
md Mr.. Alexander were others who
estified. Their stories were similar in
hat they told of being at the scene of
he accident, that they saw Mr.. LeClair
fter the accident and that he COM
lained of injury to his back and hip.
,r L. D. Martin to-day testified to the
ipbone being slightly tilted, which
aused the man suffering. and that the
lting was due to an accident.
DIR. w l.. Tindall testified that he eS
mined Mr.. LeClair about two weeks
fter the accident and that he found
nall bruise near the base of the spna
ut found no broken bones or anything
hich, in his opinion, was of perma-
ant nature.
MIR. LeClair testified to being under n
lie of rubbish after the accident, of be-
e hurt near one hip, on his back and on
le shoulder, and of his legs being
ught. He showed marks on his legs
the jury, which were left as result
the accident These, he testified,
ere bruises.
Miss Robbins, matron at the Barre
ty hospital, testified by presenting a
art showing the mans condition whia
the hospital. DR.. J. A. Boucher OF
ontpelier. who treated LeClair. testi-
d as to misplaced tissues on one side
the patients body and told also that
e patient suffered pain in the abdomen
lich he 1.-THE witness) thought was due
adhesions.
Lowell Mcleod testified that he kept
oks for LeClair during the evening,
d he declared that LeClair seemed to
suffering and would not do as much
rk after the accident as before. Edwin
rleton and F. c. Coffin testified along
same line as Mr. LeClair. basing
.ir observation of LeClair both before
1 after the accident. William Carley
5 also put on the stand to substan-
te the plaintiffs claim of injuries.