Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1922-12-22
VERDICT s1s5 AGAINST WARD.
Jury Decides Halifax Deer Park Owner
Must Pay That Sum for Horse that
Died While Being Broken.

The attention of the municipal court
was engaged all day Monday in the case
of II. =. Yearly and William M. Lewis
Of Brattleboro against II. NJ. Ward of
New York city and Halifax, in which
the plaintiffs sought to obtain payment
S215, representing the cost price of a
horse sold TO the defendant through the
manager of his deer park farm, Walter
OF $40, representing the cost price of
Davis of Halifax, together with harness
and buggy.
A jury composed of the. following men
was drawn: b. A. Streeter, e. w. Dun.
klee, ii. Il. Powers, Il. ii. Newton Z. Il.
Franklin, all of Vernon; e. Il. Corbett.
Il. c. Sargent, u. NJ. Angler, f. NJ
Goodenough, O. f. Benson and Bernard
Haus of Brattleboro, and w. f. Walker
OF DummerstOn.
Only two witnesses had been heard up
to noon, when the court took recess
until l o'clock. Mr.. Ward testified thai
Davis was his manager and ran the farm
Tor him. Davis testified concerning the
purchase of the horse and the trade
made with Yearly and Lewis.
1t developed that Davis wanted a
horse that was docle and gentle and
which could be driven safely by n
woman. Yearly and Lewis, according to
the testimony of Davis, represented the
horse which they desired to sell as pos
sessing these qualities and the horse was
taken by Davis, it being agreed that al
old horse owned by the defendant, with
some old harness, was to be given as
part payment.
On the day after the horse was bough,
bg the defendant, the horse was led out
ot the barn and hitched up, but as soon
as an attempt was made to drive the
animal it reared and danced about and
threw itself, according to the witness. A
rev days later the animal wax hitched
| up again and Davis and helper worked
from IL IN the morning until nearly Il
IN the afternoon. trying to drive the
horse, he said. The animal repeated it,.
! previous tactics, breaking several sets q
harness, and finally, during one of it,
! rearing spells, the horse fell over dead.
:, According to Davis's testimony
Yearly and Lewis afterwards said the,
were sorry to learn of the horses death
put they expected their money lust the
| same.
AT l O'Clock. when court reconvened
r.. Walter Davis was put on the ".
stand and she testified that the nor
tne case was represented to her as b
KIND and gentle. Fred Stanley, wi
~ Mr.. Davis at thu deer mark far
testlhed regarding the antics of the horse
II DAVIS and ne attempted ~ drive
/ that there were three or four bir,
resembling wi irs handy
The first witness for the plaintiff was
T. Yearly. who told Of the circun
rse was sold to Mr. Ward through NJ
| ,7vis. He denied that he representa-,
the animal as kind and gentle and said
nd no trouble in driving the lorse.
w. Nj Lewis said the horse had
driven considerably and went past The
steam roller and the concrete mixer on
mi street without even noticing tn
70 said he told the buyer that the hor
as kind and gentle and it was surnr
him wi en- the animal would not hac
| Waiter Hescock of Dover, stated t..
= rmerlv owned the horse He to"~
it when it was colt and had it for three
or four years curing which time he broke
-. He Afterwards sold it to Ray l.
Brooks-0f BrattleborO. He said the hors
as green and awkward about backing
t"l .Iohnp StrattOnl of tyVilnrrto q WI
orked at TIE Brooks stable in that town
! ad he had observed the horse Mt vnriou
| mes when it was at his stable and tho
: appeared all right. He had sadd'ed
for various people and no trouble wa
"xrerenced with the horse.
Rev L. Brooks said he sold the horse
20 W"lter Adams of Marlboro In his
| Hninicn. the horse was all right.
r r I.orgStaff Of Brattleboro said h"
| a'ked with MIR. DAVIS. who said he he'd
| ought with the mare from II o'clock in
NO morning until < in the afternoon or.
he dav when tho horse died during ono
| Vt its rearing spells
George H"skoll of Rrattlehoro snid he
! NV the horse severHl times when it W"
his father's/barn Tie had driven it f.
Quincy and it appeared to be a good
mare.
| .rnove for the i>ftusa clnimed that tho