Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1917-09-28

| from the plaintiff. 1t had been shown
| that although Mr.. Martell was in Mr..
| Cobb s employ he was employed by the
hour as called upon and at the time Of
the accident he had finished his work for
the morning and was taking the auto
mobile to X. f. Mosher, the owner, at
Mr. Mosher s instructions by telephone
Mr.. Martell therefore was not actually
employed by Mr. Cobb at the time of
| the accident.
Attorney Bacon opened the argu-
ment for the plaintiff, followed by At
torney Barber for the defense, and At
torney Bacon closed for the plaintiff.
| The jury took the case at 11.30 Tues
day.
Mr.. Bacon brought out the fact that
| the car was being driven at some Is
miles an hour, that no horn was sound
ed and that the brakes were not an.
lplied. The jury was reminded that Mr..
Larrow had expended over 5000 for med.
zeal and nurse attendance and medicine,
and Mr.. Bacon argued that the plain
| till was entitled to recover about 81 100
for expenses and time lost and pain
endured and future damages in addi-
| ton.
Attorney Barber pictured Mr.. Larrow
| driving q fast horse on the Flat street
stretch, riding in a sulky, stating that
the horse afterwards was trained for
the track. He emphasized the fact that
Mr.. Martell was at the moment of the
accident acting under instructions
from Mr.. Mosher, that Mr.. Mosher
owned the ear and that Mr.. Mosher car
fied liability insurance, and argued
that the insurance company was the
party that ought TO settle for the dam
ages if anybody.
After being out about half on hour
Wednesday afternoon the jury in the
ease of Geo. Johnson, Jamaica, against
Mrs. Nellie Temple of Wilmington,
which followed the Larrow case and
was a suit to recover $500 for services
materials furnished and money alleged
to have been loaned returned a verdict
about 4.30 0 clock for the defendant to
recover her costs. Attorney A. w. But
Ter of Jamaica appeared for the plain
tiff and Attorney Harrie b. Chase of
BrattleborO for the defendant
Mrs Temples husband not being in
good health Mrs. Temple has had the
management of the farm, and in 1913
johnson, who is a relative of Mrs Tenn
pie s son-in-law, went to the farm to
live under an agreement that for his
board he could do what work he wished
to around the place when not occupied
elsewhere. 1t was claimed by Mrs.
Temple that no account was to be kept
and no charge made by either party.
The evidence tended to show that
Johnson lived on the place between Jobs
from 1913 to July, 1916, when Mrs. Tenn
pie told him to go elsewhere, because
she was unable to keep farm help with
hmm there. At that time it was agreed
that Mrs. Temple owed him $40 for mon
ey loaned and he left set of pulley
blocks which he said she could have for
So. Later she sent him check for
$l2, and her evidence was that their
accounts were squared by the payment
of that sum.
! Later, johnson claimed $25 month
for labor, also sums for loans he claimed
to have made Mrs. Temple and for ma
terials furnished. Mrs. Temple declined
I to pay, and it was argued that John
son g claim was entirely an afterthought.
The testimony of the defendant s wit
nesses was that Johnson s board was
/ big pay for what he did.
The court began yesterday morning
the trial of the Walker will case, the
drawing of the jury for which was be-
gun Wednesday afternoon at the con
clusion of the Johnson Temple case, and
two witnesses had been examined when
the noon recess was taken.
In this case the Brattleboro Home for
the Aged and Disabled contests the sec
ond will of the late George w. Walker of
Dummerston, who died in March, 1916,
leaving his property which is estimated
to amount to about $4,000, to his daugh
ter and husband, Mr.. and Mrs. Will NJ.
Randall of Dummerston.
Mr.. Walker executed will Oct. 20,
1914. leaving the income of his property
to his daughter as needed, the property
! to 90 eventually to the Home for the
Aged His second will was executed Dec.
! l6, 1918, and is now in contest. Mr..
Walker was over 90 years old, and it il
alleged by the Home that he was unduly
influenced and that he was mentally in
capacitated from making the second will.
Upon the outcome of this trial will de-
pend future action with reference to the
first will.
Early in the present term a motion
was made to have the two cases consoli-
dated, but the court overruled the mo-
ton, so the present case concerns the see
ond will only.
The two witnesses yesterday fore
noon We're A. j. Iildreth, who was one
of the witnesses to the second will. and
Beatty $. Balestier. Both testified to
Mr.. Walkers mental condition as they
knew him and said they considered him
competent to execute the second will.
The attorneys for Mr.. and Mrs. Ran
dali, the proponents, are r. c. Bacon and
/ W. r. Daley and for the contestants
John n. Harvey and Frank E. Barber
DADCc mn rnAxy- x,--1.,-