The Barre daily times. (Barre, Vt.) 1897-1959, 1921-06-14

after which they were duly sworn, and
charged by the court who appointed
Attorney Lyle R. Beckwith foreman.
after which they retired TO the grand
| Jury room for their deliberations and
at S o'clock that afternoon, having
completed their work, filed into court
and made their report which included
the finding of one true bill.
An unusually large attendance Of at
torneys were present at the opening of
court including the following; Attor.
ney General Frank c. Archibald OF
Manchester Center, Roney M. Harvey
and Judge Erwin NJ. Harvey of Mont
pelier; Alland g. Fay, Judge Edwin l..
Scott, John w. Gordon, Albert A. Sar-
gent, j. Ward Carver and Earl r, Da-
Wis of Barre City, Edgar w. Smith of
Wells River, Raymond u. Smith of
Woodsville, ~ H., Hugh Moore of
White River Junction, Charles Batch
elder of Bethel, March VI. Wilson and
John c. Sherburne of Randolph, Frank
Plumley and Murdoch A. Campbell Of
Mortified, Hugh W. Hastings of Brad
ford, George l.. Stow, Hale X. Darling,
VIM. H. Sprague, Nc. Taft and Lyle
r. Beekwith OF Chelsea.
There being no case ready for trial
on the opening day, the petit jurors
after being empaneled and sworn, and
charged by the court were excused un.
Ill Wednesday morning when the ease
of Roy c. Fletcher VS.. w. H. Blackburn
was taken up. This was an action of
contract in which the plaintiff sought
TO recover for wages due for labor and
for money paid out by him for the de.
PENDANT during the season of 1920,
while he was employed by the defend
ant to carry on the defendants farm
in Braintree, The defendant, while ad
hitting balance due for wages,
claimed as an offset damages arising
from alleged misconduct in the carry.
ing on Of said farm by the plaintiff and
for the loss Of lumber and some other
minor losses which made up his claim
for damages. There were goodly
number of witnesses for the plaintiff
and several for the defense and the
case was very carefully and thoroughly
presented and occupied the attention of
the court until Friday morning when
it was submitted TO the jury, who re-
turned a verdict after an hours delib-
Grafton, through the. foreman, Charles
Z. Berry, for the plaintiff to recover
the sum of s33a.33. Plumley, Plumley &
Campbell appeared for the plaintiff and
John C. Sherburne for the defendant.
Immediately following this case, the
case of G. Scott Staples VS.. Ezra NJ.
Eastman, both parties from Bradford,
was taken up. This was an action of
tort in which the plaintiff sought to
recover damages sustained by him as
the result Of an assault made on him
by the defendant in November last.
The evidence tended TO show that the
plaintiff was passing the defendants
premises on the sidewalk and was ac-
companied by three children and as
they we're passing, the defendant
crossed the road and sidewalk just be.
hind them, and Immediately the little
boy. seven years old, who was walk
ing beside the plaintiff, commenced 10
cry and said to the plaintiff that the
defendant had pricked him with a
pitch fork which he was carrying,
whereupon the plaintiff turned and
demonstrated with the defendant for
such an unwarranted attack upon the
little boy. and the defendant stoutly
denied the accusation and as blood was
running down the little fellows leg, ac-
cording TO the testimony, the plaintiff
felt warranted in standing by his hon.
est convictions and then and there sc-
cused the defendant of being liar,
which accusation was more or less i'm
pregnated and sur-charged with pun
gent and vitriolic adjeetives.
1ncensed by such a broadside, the
testimony disclosed the fact that the
defendant then and there waved his
pitch fork over the plaintiffs dome 10
which gesticulation the plaintiff just
placed his "clenched fives" against the
defendants left shoulder and leaned
against il with sufficient force as to
occasion the defendant 20 take two or
three PAGES TO the rear, and in doing
so his pitch fork automatically ele-
waited itself and swung toward the
plaintiff, catching him Just under the
eve and laying the ieshy tissue over
the left cheek bone open TO the ele-
ments for a space of an inch and half
in length and an eight Of an inch deep.
Thus ended the first chapter. The sec.
hnd chapter was a hearing before q
Justice OF the peace, who found the de-
PENDANT guilty of assault upon the
plaintiff. to which finding the defend.
ant seasonably appealed 70 the county
court, and the trial Of the case which
resulted in a verdict in favor Of the de.
PENDANT ended the third chapter, and the
case, unless the plaintiff should seek re-
dress at the hands Of the supreme
court. Hugh ". Hastings and Hale x.
Darling appeared for the plaintiff and
Erwin L. Scott and J. Ward Carver
appeared for the defendant.
A motion for = struck jury" for the
case Of AFRO A. Reed We. Benjamin II.
Adams was granted.
DEPUTY Sheriff Dan D. Howe Of Ran.
doinh was the Officer IN charge Of the
grand Jury and Deputies Wsrren c.
Ordwav Of Fairies and Thomas g.