Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1921-03-16
BREACH OF CONTRACT
FIRST CASE ON TRIAL
This Was a Lumber Job i'm Town
of Derby-Hard Fought
by Both Parties

the jurors were all excused until
Wednesday morning at 9 o'clock as no
case was ready for trial. And it was
not until the opening of court at 2
o'clock the work of the term got I'M
der way.
The first case tor trial was 10.
3434, Victor and Joseph POmerleau v
Oliver Boucher. Amey and Cameron
of Island Pond appeared for the
plaintiffs and Walter H. Cleary and
Frank H. Thompson for the defen-
dant. The case is on action for
breach of contract on two counts, to
recover a certain sum of money for
work done by the plaintiffs. In out
lining the case to the jury by At
toreny Amey, it appeared that in the
latter part of December 1919, Victor
and Joseph Pomerlan of Augusta,
Me-, were induced to come to Derby
by a friend and were taken to the
home of Oliver Boucher, who owned
farm about three miles from Derby
Ctr, learning that the defendant had
a tract of timber land that he desired
to have cleared. After looking over
the lot a brief contract was drawn
up and signed.
It appeared that Boucher was to
pay the sum of $145O for the cutting
and skidding of the timber. The pay
ments were to be 500 at the begin
ming of each month while they were
doing the work, and the balance,
when the contract was completed.
It is claimed by the plaintiffs that
Boucher broke his contract in failing
to make the first payment on jan
uary first and also on later payments.
Mr.. Amey said that they should at
tempt to prove that when it came
sugaring time Boucher took the two
from their job and used them to help
him sugar against their wish, pro-
| missing them that he would take his
horse and help them yard the timber
after sugaring was done. This later
he refused to do, also the use of his
horses upon their request. The plain
tiffs in the case then approached a
| neighbor who had horses that they
could get to aid them in completing
their work but the defendant forbid
their use, and about five acres of the
so to rs acres was left uncut. In the
| hauled the larger portion of the cut
| lumber to Derby Center. That the
| plaintiffs had received in board and
| money only about 1892, and had paid
out $401, leaving them about 1921
| for their work.
Some time was spent in empanellinp
jury. Those finally selected were,
F. H. Barlow, Coventry; w. D. Bell,
Westfeld; c.. E. Blood, Charleston /;
G. A. Dane, Charleston; Donald
Emery, Newport City; H. M. Doane,
| Newport Town; F. w. Hastings,
Glover; A. w. Honsinger, Jay; F.
| L. Lapierre, Bloomington; F. H.
4 May, Barton; H. C. JThayer, Cow
entry; S. T. Vance, Glover.
| The first witness called on the case
was Joseph Pomerleau, one of the
plaintiffs in the case.
This case is still on trial and will
| probably take up all the week.
Jurymen not called on the case
were excused by Judge Wilson until
Friday morning at 9 o'clock.
At the opening of the afternoon
session spectators received a great dis
uonuced the Court had decided to
excuse the ten ladies present from
, serving as jurors at this term of
| court. This apparently was a great
| relief to some of the ladies, who had
been summoned and sworn to duty.
| In Judge Wilson's talk on the matter
| he said the present jury system came
| from the common law which was
| composed of men only, and as to the
| ladies being eligible to serve as jurors
| was a grave question and in view of
| the fact that there was a doubt and
! that the court had taken every means
| of getting information on the matter,
| it all seemed to express a doubt,
and he thought it unwise to take the
chance of putting parties involved
| to the expense of trials which might
| be time and money thrown away,
| should the Supreme court hold that
it was illegal for ladies to serve as
jurors.
| The Court did not question the
capability of those present. One other
matter which made it detrimental for
them to serve at this term was the
lack of time to properly equip the
court house for caring for a mixed
jury, as it is we'll understood that a
jury must be kept together after re-
ceiving the case until verdict had been
reached, and in criminal cases it might
mean the keeping of them together
| during the trial in view of this fact
the court in it's discretion excused all
of the ladies and they were instructed
to receive their pay.
At the opening of the March term
of Orleans county court, Tuesday, the
following members of the Orleans
County Bar was present: w. w.
Reirden and Frank D. Thompson,
Barton; E. A. Cook, Orleans; Frank
S. Rogers, Troy. Those from New
port city were Walter H. Cleary,
Albert W. Farman, Aaron H. Grout,
E. J. Smith, H. S. Pierce, F. C. Will
liams and Frank E. Miles. Attorneys
present from outside of the county
were: w. A. Dutton, Hardwick; Ar
| thur L. Graves and James B. Camp
bell, ST. Johnsbury; Oliver Cameron
and Claire Powell of Island Pond.
This term of Court is made notable
by the calling for the first time of
women to act as jurors.
Pomerleau was examined and cross
examined by Attorneys Amey and
Cleary occupying the attention of the
| court the remainder of the day Wed
esday. The case continued up to Fri
| day, when adjournment was taken un-
| til Monday at o'clock, at which time
| the final witnesses were placed on the
stand and the attorneys made their