Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-04-19
BATTLE ON THE ROAD.
Peter PelIand Seeks Damages from
Julius Murray for Injuries Sustainetl


Julius Murray for Injuries sustained.
The case of Peter Poland VS.. Julius
Murray, Willston parties, was taken up
In Chittenden county court Thursday, the
jury being drawn in the morning and sew
eral witnesses being heard during the
day.
1t was claimed by the PLAINTIFF that on
December 5. 1915, Murray met Poland at
the hay market ground In this city. Pei
land assisting Murray. who came to Bur-
lington from Williston. to dispose of
load of hay; that the two started for
home on the empty hayrack: that when
Just this side Of Pelland's home Murray
stopped his horses, an automobile over
taking the team, with the occupants Of
which MURRAY got into a wrangle; that
when Poland, who had started home,
came back and tried to persuade Murray
to stop wrangling with the men In the
automobile, Murray turned upon Poland
and assaulted him: that during the en-
suing fight between the two men Murray
chewed Pelland's thumb until he almost
chewed 1t off, tore Pellands mouth, one
tear reaching to the point of his chin from
the lower lip loosened some Of Pelland's
| teeth, etc; that Poland was confined to
his home and was for some little time
in a critical condition. being under the
Doctors care ror several weeks, and in
fact not yet having completely recovered
from the injury done the thumb Of his
right hand; that suit was brought to re-
cover the expense to which Mr.. Poland
was put while recovering from the inju-
| ries. his loss Of time, etc.
The first witness called by the plain
tiff was the defendant Murray. As a
o., no dofo
be obtained from him. He did admit
| however, that he had purchased a half
| pint of rock and rye from a local Sec
| ond- class place just before leaving for
| home This was all he had had all day
| and he denied that he had gone into a
| frst-class saloon to drink anything
| Murray testified that a new whip which
| he obtained in this city was broken by
| him on the way home, but added that
he did not break it by striking the
| torse but that 1t was broken when he
| cracked It to see what kind of whir
Il was When he had left his team
he testified that he took off his over.
coat and undercoat to cool of. hanging
them on fence post by the roadway
His testimony was to the effect that
| whatever ne did do to Poland was
done in self defense.
Or. Frost, who attended Mr.. Pellant
| and cared for the injuries which hi
sustained as result Of the fight, wa'
next called. He testified to Mr.. Pei
lands condition, his injuries keeping
him confined for several weeks. Thu
thumb, he stated. was the worst in
jured and there was trouble from in
lection. which caused Pelland's condi
ton to be very serious Mrs. Belle
Martin, daughter Of Poland. who wa'
an eyewitness to the fight. testified
in effect that the quarrel was brough
on by Murray. The fight was STAGED
very close to her home. she witnessing
1t from her front steps. Poland wen
back to plead with Murray to stol
| lighting with Mr.. Bruce. one Of thu
rlen in the automobile. and was at
tackled by Murray. She saw Murra!
make several passes at her father. thel
the two men clinched and fell to tn
ground. Her father yelled that he wa
being killed and when the two mel
were finally separated her father hat
received serious injuries. she calling
the physician. William Rose. who wa
also present at the time of the quarrel
and Z. A. Robbins. who saw the mel
from a short distance when they wer
lighting. testified as to the manner o
the waging of the battle.