Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1918-05-10
NO. 10.
JURY TO RECEIVE
PIERCE CASE TODAY
Automobile Damage Suit for $I0,.
600 Tried at Newfane
Action of Estate of Mrs. Lena M.
Rhodes of Brattleboro Against Ansel
j. Pierce Began Tuesday Forenoon.

j. Pierce Began Tuesday Forenoon.
After recess since last Thursday the
session of Windham county court was
| resumed at Newfanc Tuesday on the ar
| rival of the West River passenger train
from Brattleboro. The court took up
| the case of Henry +. Jordan of Brat.
tleboro, administrator Of the estate of
Mrs. Lena NJ. Rhodes, against Anscl J.
| Pierce of this town. Mrs. Rhodes was
run into Sept. 20, 1917, by an automo-
bile owned and driven by Mr.. Pierce
and was injured so that she died in
short time. The accident happened on
Main street. The plaintiff alleges care
less driving and inadequate brakes on
the car and seeks to recover $4,000.
Attorney Harrie B. Chase and Frank
f. Barber appear for the plaintiff and
Attorneys B. c. Bacon and N. d. Claw
son for the defendant, all of Brattle.
boro. They made their arguments yes.
terday afternoon and it was then so
late that Judge Fish decided not to
charge the jury until this morning.
Tuesday afternoon the jury was com.
pleted, which consists of these persons:
o, R. Wright. ID. A. Benson, w. II. New
ton and w. H. Eager of Newfane, Rus
sell W. Blood of Townshend, Fred f.
Crosby of Rockingham, f. Z. Patterson
of Putney, James H. Stowell, jr., of Graf.
ton, c. s. Marden of Londonderry, Carl
II. Arnold of Westminster, S. H. Yeaw of
Brattleboro, and f. W. Legate of Gull.
ford
benjamin F. Crown, photographer. and
j. p. Hellyar, civil engineer, both of this
town, who made photographs and took
measurements of the scene of the accident
on Main street, were the first witnesses
Tuesday, followed by Beatty s. Bales
tier of Brattleboro.
Mr. Balesticr testified that Just before
the accident he was crossing the street
from Clark's grocery store to his automo-
bile on the other side as Mr.. Pierce drove
up the hill at a rate of 20 to 25 miles
an hour, in his judgment. He said he
had to spring to get out of the way and
That Mr. Pierce turned to the left to
avoid him. He said he saw Mrs Rhodes
crossing the street in the same direction.
On Wednesday Julius Nesbitt of Brat
tleboro was called He said he was sitting
on the bank corner and saw Pierce come
up the hill at speed of 90 miles an hour
and saw him pull to the left past Bales.
tier and strike the woman, knocking her
down. Pierce, he said, turned to look at
Balestier. He said no warning was
sounded.
NJ. ii. Shaw, sawmill man from Hins-
dale, \. H., said he was on the east side
OF the street 80 feet north of the acct. .
dent He heard Mrs. Rhodes cry out and
saw her under the car.
ARENAS Houghton of Brattleboro tes.
titled that he sat on the bank corner
with Nesbtt and his testimony was cor.
roborative of that of Nesbitt's.
John r. Rhodes, husband of the de.
ceased, who was employed by the White
River Chair company, said his wife was
% years old. that her hearing, sight and
general health were good. He and their
son, Albert Rhodes. who is in the United
States service. their daughter and hus.
band, Mr.. and Mrs. Leroy Simonds, who
live on the Scott farm, all testified as to
the home life of the family, this test-
mony having to do with question of dam
ages.
The first witness Wednesday afternoon
for the plaintiff was Mrs. Michael Dug
gan of Vernon street, who corroboratcd
previous witnesses az to the happy con-
dtlons which prevailed in the Rhodes
nome. The defense conceded the point
which the plaintiff was attempting to
along that line was taken.
DR.. George r. Anderson, who was
called on the day of the accident to
care for Mrs. Rhodes, testified that she
received cuts on her head, that the hair
on one side of the head was scraped off,
that there were several abrasions, on
the body, that one arm was broken,
that the skull was fractured and that
Mrs. Rhodes died as n result of the ac.
cident without regaining consciousness.
He said that during his Is years resi-.
dence in Brattleboro, people were &C.
customed to cross Main street between
the Elliot street and High street inter
sections wherever they happened TO be.
Clarence NJ. Miller testified that he
stood on the Crosby block upper steps
at the time of the accident and saw
Mrs. Rhodes fall after being hit by tho
car.
Walter Bartlett of West Brattleboro,
an insurance agent, testified that ac-
cording to the American table of NOR
tality Mrs. Rhodes s expectation of life
was IS years and 10 days.
AT this point the plaintiff rested and
Clifton II. Fox, who is employed in FL.
bert Simons's fruit and confectionery
store, was called by the defense. He
said he saw Mr.. Pierce go up the street
just previous to the accident and that
the car was running less than 10 miles
an hour.
Mrs Bertha T.. Barney of South Main
street stated that she came out of the
Woolworth store just as Mrs. Rhodes
crossed the street from Crosby block.
She saw the Pierce car 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 at the
Austine Institution, said she saw Mrs.
Rhodes halfway across the street, saw
the ear coming toward Mrs. Rhodes and
saw Mrs. Rhodes hesitate and then turn
back hurriedly toward the west side
of the street.
Judge A. f. Schwenk testified that
CONTINUED on Next Papr.O