The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1917-01-17
Mundeli Testifies There Was
No Stipulation as to
Manner of Taking
ANIMALS IDENTIFIED
BEFORE BEING SHOT
Plaintiff Contends Mundell Was TO
Catch Them, Which Chief Re-
Testimony in Municipal Court Room.

The s r. O. sign was hung out early
this morning near the municipal
court room in the Crosby block when the
clans began to gather for the trial OF the
famous hefer case IN which NJ. j. Sherry,
the well-knOwn restaurant proprietor, Is,
the plaintiff and Bert Mundell and four
others are the respondents. Sherry
claims that Mundell was to pay him SIS
for the privilege of catching three wild
heifers owned by Sherry and that catch
ing them did not carry permission to shoot
and kill them, as was done. Sherry is
represented by Gibson s. Daley and Har
RE B. Chase and A. F. Schwenk represent
the respondents.
The municipal court room is of such di-
mensions that when jury OF L men, the
Judge, clerk, four or five lawyers, the
plaintiff, few respondents and witness
are installed therein most of the air fit to
breathe and possible spectators are some
where else This morning a step-lad-
der, chairs and boxes have been utilized N
place Of balcony seats in the corridor.
Those who jammed into the doorway
were conceded to have parquet seats
The jurymen were lnterrogated as to
whether they had heard the case discussed
and as to whether they had read about it.
All admitted that one or both of the ques-
tions must be answered, if truthfully in
the affirmative, but all declared that
neither the discussions nor the reading
had IN any way warped their judgments
They were all free and open minded
Fne jury1nen are: A. G. Gallup, Emery
Evans, Roy Ingram and Everett Gaines
of Guilford, Henry d. Blood and D. r.
Miller of Dummerston, j. O. Metcalf,
Gerald Adams and Henry F. Whitney of
Marlboro and L. A Butterfeld, W. f.
Coombs and Hugh H Dunklee of Brattle-
boro
Attorney Gibson opened his case by call
ing one of the respondents, Charles Lee of
Guilford, the first witness for the
plaintiff. Lee said that Mundel and his
companions went to his house on the day
the cattle were hunted and got him to go
with them and identify the animals as
those belonging to Sherry. He went with
them and they tracked them some distance
in the snow and the witness fired the shot
that killed the largest of the three. two
year-old heifer He was at the barn of
Roy Clark when the three animals killed
were dressed but was not present when
the two others were shot.
George Grover, another Of the respond
ents, testified that he shot the two small
er animals that had been identified as the
property of Sherry and that he received
one-haf of one of them as his share for
having spent his time in hunting them.
Bert Mundell, the principal respondent.
was next called and was on the stand
when the noon recess was taken He tes-
tilted to having had a talk at Sherry 3
restaurant with the proprietor one Satur-
day about the wild heifers He said that
they We're worth $50 without the hides
and that he had sold the hides for SIG SO.
He testified that Sherry asked $50 for
the animals, but agreed to accept SIS if
Mundell got them. He denied vigorously
that there was any stipulation as to the
manner in which he should get the ami
mails. He later admitted that the word
catch, with reference to the animals.