The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-04-19
$500 VERDICT
AGAINST s. ! CRAY
Suit for Personal Damages
Had Been on Trial
All the Week
WILL BE TAKEN TO
SUPREME COURT
Plaintiff Was c. P Underwood, Sales
man for Armour Co-Defendant a
Meatman in Bellows Falls-S500 Was
for Punitive Damages

After considering the evidence about
four hours, the jury in county court at
Newfane last night returned a verdict
for the plaintiff to recover damages of
81 300 in the. ease of Clinton p Under
wood a salesman for the Armour com
pany, travelling from Fitehburg, Mass,
against Stephen j. Cray of Bellows
Falls, who runs meat market. The
case had been on trial all the week. It
was combination of suit for $4,000
brought by Underwood against Cray
and counter suit for 81 1000 brought
by Cray against Underwood, both for
personal damages growing out of ply
steal assaults in Bellows Falls
Judge Warmer \ Graham of Bellows
Falls and Judge f. ". Gibson of Brat
tleboo appeared for the plaintiff and
Attorneys H. G. Barber and Frank T.
Barber of the firm of Barber & Miller of
Brattleboro were for the defendant.
Numerous exceptions were taken during
the trials and IT IS certain that the case
will 90 to the supreme court. In re-
sponse to a question by Judge Leighton
2. Slack the jury stated that $500 of
the verdict was for punitive damages.
Underwood sought to recover for
three separate assaults. The first oe-
cured in the defendants 5 market Oct.
II, 1918, when an alteration took
place over the price of meat. The plain
tiff S evidence was that Cray struck
and choked him and removed him from
= r -
The plaintiff claimed also that on the
night of Dec. s, about 10 o clock, Cray
assaulted him on School street Cray
was on his way home and Underwood
says he was out exercising for his
health. The third assault was on the
same evening in the village square OPP
posite Hotel Windham
After the School street affair Under.
wood started for the hotel by round
about way and as he approached the
front door Eugene Cray. the defend
ant 5 son, who was in the hotel and had
seen his fathers face bruised and
bleeding, engaged Underwood in combat
In the fighting Underwood was forced
across the street and fell in the gutter
and against the curbing, Eugene Cray
on top of him, pounding and choking
him.
Underwood claimed that as result Of
the assault he was injured permanently
in one shoulder and practically lost tn,
use of one arm.
Cray denied striking or choking Tn
derwood in the store and said he uset
only reasonably necessary force in re
| moving Underwood from the store tn,
latter refusing to go out when reGues
ted to do So He said that on Sunda,
night, Dec. s, he was at the hotel Wis
iting with Judge o 'Brien, DR. Hazeltol
and others from o clock until abou
TO- His son was there also, eonversinI
| with various persons
! About 10 o'clock Cray started home
Judge O'Brien leaving with him, tn
two separating at Cherry street. Cra
said he had gone about 200 feet o
School street when Underwood steppe
out from behind tree and struck hin
blow on the head which stunned hin
He said Underwood struck him at leas
seven times on the head and face, eac
blow cutting the skin and one maxim
depression near the temple. Under
wood went to the square for police
| f(toptinua1 m, Do Sl