The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1920-01-16
Wagon and Coupling Were
Not Taken Illegal
ly, He Says
THINKS MOTIVES OF
PLAINTIFF SINISTER
CharacterizeS Statement In Bill in
Chancery Scandalous and Inaperti-
nent-Document in $4,000 Damage
Suit Against Lveryman.

Attorney Frank Z. Barber and Sheriff
Frank L. Wellman filed in the county
clerks office today their answers to the
bill in chancery brought last November
by L;reryman George B. White through
Attorney \. F. Schwenk, which proceed
lngs are brought in the $4,000 damage
suit of Mrs. Margaret Houahton of Brat
tleboro, wife of Artemus Houghton,
against Dir. White. 1t is expected that
this case will come before Chancellor
Stanley G. Wilson in Brattleboro next
week, and Mr.. Barber and Sheriff Well
man ask to be discharged and be al
lowed their costs.
The suit for $4,000 is brought because
of injuries received in a runaway aeei
dent June l9, 1919. when the plaintiff
was thrown from one of Liveryman
Whites carriages The plaintiff claims
that defective coupling broke, causing
the horse to run. and that she sustained
9 fracture of the skull and other injuries
In November the bill in chaneery was
brought to recover the carriage and parts,
which Sheriff Welimau had taken into
| his possession by direction of Attorney
| Barber, also to enjoin Attorney Barber
and the sheriff from mutilating or dis
figuring them. It was charged that Mr..
/ Barber offered E. c. johnson, wheel
wright, 81 for the coupling. which Mr..
johnson refused, whereupon Mr.. Barber
wilfully and wrongfuliy took it from the
work bench and carried il away and that
the sheriff without right and without Mr..
4, Whites knowledge carried off the wagon
and that the property was hidden and
detained by them. The court was asked
to order the property returned as It was
needed in the preparation of the defense.
In his answer Mr. Barber makes a gen
eral denial Of the allegations and says
that on the evening of the day of the
accident be and Chief-o Police George
Wilson went to the White stable and
searched for the wagon and coupling
without finding them, and that next day
Mr. Barber and Sheriff Wellman went 70
various blacksmith shops and wheel
wright shops. finally locating it at sIr
Johnson's shop. Mr.. johnson said the
coupling had been thrown into the waste
iron dump, where il was found and Men-
titled Mr. Johnson. the answer says,
stated that he was instructed by Mr..
White to repair and paint the wagon a.
soon as possible.
Mr. Barber says he instructed the sher
iff to take possession OF the property
and that Mr. White said he had no oh
iections to the sheriff having them until
1.-THE case was disposed Of, but he wanted
the privilege of an examination OF them
by himself and counsel, which was agreed
TO. and they were placed in the Mosher
garage with that understanding. and
have remained there unchanged.
"As to the real cause for the plaintiff
or his counsel reeiting the scandalous
and impertinent matters alleged IN said
bill or the sinister motives which they
may entertain in that regard this de-
fendant has no knowledge the answer
r declares
Attorney Barber says that nobody ever
has asked to see the wagon or coupling.
that Attorney Schwenk and Mr. White
have not been denied the privilege OF
seeing as charged. that during various
conferences Attorney Schwenk never
made anv claim that Attorney Barber
or Mrs. Houghton had acted unfairly. and
that counsel for Mr.. White failed to keep
his agreement relative either to a settle
ment or trial OF the case at the last
term OF court.
Sheriff Wellman says the property has
not been altered in any way, that the
D coupling has remained in his possession
/ in a sealed envelope and that he has nc
interest in the case except to perform
! his duties as an officer