Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1858-01-16

noon, on Friday, the 23d day ofJanuary,-thc severe't
day Of last winter Mr.. Ball. with his servant under
took to drive two loaded teams from Jamaica to East
Townshond. lie was set several times on his way,
both in Jamaica and rownshcndi but with the ala oil
people on the road and extra teams lie made his way
through the snow which badly drifted to point
less than two miles below West Townshcnd and little
over six miles from Jamaica, where he started; when,
darkness having overtaken him, one of his loads got
OF of the travelled path and was again fast Here, he
was obliged to unhltch his horses and leave one load
till morning For this he did sue the town and the
undersigned, as town agent, in concert with the
select men undertook defence
OF the merits of that controversy have nothing to
say---t was decided by legal tribunal in the town
of annica where Mr. h. resides II is also proper to
concede that Ball had sued for ten dollars only, the
recovery Of which with an equal amount Of costs did
not compensate him for the expenses OF two lengthy
and warmly contested jury trials. As the al ddnnum
was but ten dollars there was no appeal. SO far the
article referred to, has the semblance of truth 1t
also true that Ball has for several years been engaged
in freighting between Jamaica and Brattleboro. In
this business he has employed teams Of from two TO
eight horses, usually driving one team Of six. And
for years he had driven his teams quite regularly
through Townshcnd on the Sabbath, both upon his
downward and upward trips, often greatly annoying
people who were passing to aud from church md
had been accustomed to load and unload freight in
the village and to bate his teams Il, midday. For
this almost constant Dissertation of the Sabbath and
long continued disregard Of the feelings of it, consc
entious Observers he had been threatened with pros
ccuton long before his suit against the town; and
pea,cdly warned afterwards. lie was informed by
me that unless he reformed hi, habit Of pursuing his
business, regularly upon the Sabbath it would be i'm
possible to avoid prosecution For short time dur
ing the fore part of last SIMMER he more careful
and there were several Snbbaths Oh which his team
did not pass thaough town, unless it may have been
early in the morning or at evening soon, however,
he reapsed Into his former habit and complaints came
to me from different sources, which declined to no
tee. officially, usually urging MS an excuse, That in
sequence ofhe position had occupied in reference
to the suit against the town, complaint might be
strued by some retalatory measure.
For this many Of our people complained that my
naction WI, disregard Of their laudabe wishes md
n violation Of my official duty. petition was final
~ presented to me- in writing. from more than thirty
highly respectable citizens. requesting TO cause :,
prosecution to be instituted; and was compelled
though, for the before stated, reluctantly 10
comply with tine request No one pl Ulc Town
tiles, signed said petition iii any Of them or
any other person who took any active part in defend
ing the suit against the town request or recon-
mend to me a prosecutions and these facts were made
known to MIR. Ball. The complaint set forth three
distinct oenses, upon three consecutive Sabbaths.-
To this complaint he pleaded guilty and fined by
Justice SKATER five dollars and costs. As the fine fol
each offence Is but 50 to the extent, aud The ;atutc
Of Limitation requires the prosecution 10 he commence
ell within thirty day, from the time the offence /.
committed, it will readily be that the town could
not hope to get any Of 'thcir money back in thi.
way Whatever may have been my personal opinion
to the eXpeleucy Of the prosecution have 10 hes
ation in affirming that cannot well conceive of
case where the law against sabbath dcsecrnton could
with propriety be enforced. In justice to tn,
authorities Of lownshcnd, and especially to myself
request you TO publish the foregoing fact, together
with the name Of the author who had the emerty Il
publish gross libel; also Of the person who cau
ed the publication ofthe paragraph entitled Sabbatl
breaking" If he be cit-sn Of Townshcnd, the p,o
pi, OF Townshend would like to know IT. AT presen
can 10; believe that the man who dipped his pen il
the scandal that bedaubel the manuscript lives muci
Townshend than the residence of the the gen
eman Of high responsibility whose character he,
unfortunately attempted to yindica,e.
! Ios.s Tw,-stIrt
To To- -tb