The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1918-05-09
Arguments in $4,000 Suit
Began in Court This
Afternoon
MIR. AND MRS. PIERCE
WITNESSES TODAY
"aio Automobile Which Ran Into Mrs.
Rhodes Was Not Going Over Seven
or Eight Miles an Hour-chase Opens
for Plaintiff.

Arguments are being made this after
noon IN the suit for damages of $4,000
brought by Henry F. Jordan. admins
| traitor OF the estate of Mrs. Lena NJ
Rhodes of Brattleboro, against Ansel ].
flerce OF this town. The suit was
Drought because of an accident last
September when Mr.. Pieree's car ran
INTO Mrs. Rhodes and inflicted fatal in
Juries The taking of testimony was
completed just before dinner.
The first witness yesterday afternoon
lor the plaintiff was Mrs. Michael DINO
gan OF Vernon street. who eorrobora,ed
previous witnesses as to the hapnv CON
dltions which prevailed in the Rhodes
home. The defense conceded the no;nt
which the plaintiff was attempting IN
establish so that no further testimony
| along that line was taken.
DIR. George R. Anderson. who was
called on the day of the accident 70
care for Mrs. Rhodes, testified that che
| received cuts on her head. that the hair
on one side of the head was seraped of
tnat there were several abrasions. nm
the body, that one arm was hroknn
that the skull was fractured and that
Mrs. Rhodes died as a result of the ac.
cldent without regaining consciousness
he said that during his 16 wears resi-.
dence IN Brattleboro, people were ae
customed to cross Main street between
the Elliot street and High street inter
sections wherever they happened to he
Clarence VI. Miller testified that no
stood on the Crosby block upper stem.
at the time of the accident and saw
Mrs Rhodes fall after being hit by the
car.
Walter Bartlett Of West Rrattleboro
an insurance agent, testified that or,
eordlng to the American table of NOR
tality Mrs Rhodes 5 expectation of life
was Is years and % DAYS.
AZ this point the plaintiff rested and
ohfton H. Fox, who is employed in Ell
pert Slmons S fruit and confectionery
store, was called BY the defense. He
sand he saw Mr.. Pierce 90 up the street
gust previous TO the accident and that
the ear was running less than 10 miles
an hour.
Mrs Bertha E. Barney of South Main
street stated that she came out of the
"ooiworth store just as Mrs. Rhodes
crossed the street from Crosby block.
ohe "a" the Fierce ear coming at about
eight miles an hour, according to her
judgment She said Mrs. Rhodes stepped
back and was hit by the machine near
the middle of the street.
Miss Dorothy Taft. teacher NJ +bo
austihe institution, said she saw Mrs.
Rhodes halfway across the street saw
the car coming toward Mrs. Rhodes ana
saw Mrs. Rhodes hesitate and then tnrn
back hurriedly toward the west side
of the street.
Judge A. F. Schwenk testified that
just before the accident he was look
ing out of his Office window and saw Mr.
Plerce drlve his car up the hill past the
Peoples bank. He said it was not 90
ing more than 10 miles an hour.
Godfrey Crosby testified that he
looked out of f. Crosby & Co. s Office
lust as Mr.. Pierce stopped the car. He
sa" Mrs Rhodes on the ground with
the front wheel near her head.
W. \. Shumway, who was at the
north entrance to Crosby block when
me accident happened, said he saw Mrs.
Rhodes on the east side of the car
track and saw her fall, but not as
though struck by swift moving oh.
Ject. He went 10 assist in REMOVING
her from under the car and said thar
her head and shoulders We're behind
the front wheel.
Miss Brouilette, stenographer in E.
Crosby & company s office. testified IN
nearing the commotion and seeing the
ear and crowd of people after the ac-
cident.
Walter Gibson, foreman at the Tucker
hvery stable, testified that he was Sit
ting on the bank corner and saw Mr..
fierce car go past at not more than
eight or 10 miles an hour. He said he
saw Mrs Rhodes step down in front
OF Mann S store, wait for an automo
bile to pass and then start across the
street. He said she was east of the
street railroad track when Mr.. Pierce S
machine, which was going north, struck
her. He helped remove her from under
the automobile.
The court took recess at this point
until this morning.
The first witness today was Thomas