St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1873-07-04

bargain for the Times, Bullard wrote
Circuit to come to St. Johnsbury, with
out stating what he wanted of him.
Grout came down, when Bullerd told
him what he had done. and asked him
if he would make the writings and sign
the notes with him. Grout made bill
of sale, conveying the Times property
to G. B. Bullarh. and wrote five prOmis-
sorry notes, (there was Il 900 to be paid
down, and the remaining $1,000 in year
ly instalments) signed the notes, and
took the afternoon train home.
Soon after this transfer of the Times
to Bullard, Theophilus Grout, a younger
brother of w. W., saw notice in some
paper that the General had an interest in
the Times, and wishing to enter Journal
ism, Che had previously been engaged
i'll printing office a few MONTHS he
went to see his brother. and when told
that DIR. Billiard owned the paper.
came to this place and made a bargain
for a half interest in the concern, his
brother, the General, to he his surety.
Before he completed his arrangements
to take possession, he received thirty
day appointment i'll the custom house
at Newport. for some special service, at
a good salary. He proposed to fulfill
this appointment before entering upon
journalism. Meanwhile Earle was at
work through an agent (Rev. +. ID.
lIopkins) to purchase the Times of Bull
lard. Billiard had already found that
he had bought an elephant, and WAS
more anxious to sell the whole than a
half interest; so when Hopkins offered
him $4,000 OF $1,000 more than he gave
| for it, he had an interview with Gen.
Circuit, and proposed to have Theophilus
gained to him. This was finally agreed
, to, Billiard paving the CIRCUITS $500 for
! the same. \ few DAYS after this, Bull
lard transferred the Times to A. \.
Earle. for, rs he says, some 81 800 more
than he gave for it.
Thus matters stood for year, more
OF less, when Earle brought suit
/ against Grout for damage sustained by
reason of his (Grout's) failure to per
form certain agreement in purchasing
/ the st. Johnshury Times for him Earle.
The effort of Earle was To prove that
Circuit was acting as his agent in the
purchase of the Times, or should have
81 acted. and instead of that he went
and bought the concern for himself
not for Billiard. as the hill of sale read
That either Gen. Grout was sole owner
of the Times. or was joint owner with
Billiard: and in 81 doing had damaged
him (f:arle) S3.0O0, more oil less.
ON the first point the evidence was
meagrc and conflicting. The plaintiff
said he was. and the dctcndent said he
wasn't particularly after the Saturday
night came and no response from IIovcy.
and the plaintiff had admitted that the
thing had Slipped through his fingers. :"
On the second point the evidence for
Earle was that CIRCUITS name appeared
first upon the notes; that he took 5000
of Bullard for his brothers interest in
the concern, before any writings We're
made showing that his brother had any
interest: that Bullard agreed further
/ with Grout to divide the profits of the
! / L i L. Il, Il
/ that it was current talk on the street
that Circuit had an interest in the Times.
For the defense there WAS the testimony
of the two CIRCUITS. IIovcy and Billiard,
who denied this. The explanation OF
the notes WAS. that Grout wrote them
hastily. signing them us they were
written. and went to the train. leaving
Bullald To complete the business and
ailN his own name.
There WAS considerable coIlohorativC
testimony ANA rircumstnntial evidence
brought into the case, hearing on both
sides IIoVcN'S admissions TO Earl,
hat he sold the concern to the man
whose name appeared first Oh the notes
Rankin's testimony that when he told
Bullaid that he understood Circuit had
an interest in the paper. Bulland did
NOT deny it, etc. But we cannot Civ,
more than the leading points in tn,
ease.
Trial was had of the case year ago
and the jury could not agree. On thi,
tIial they agreed after being out Il few
houIs. giving the ease to Earle. Will
merely nominal damages. We under
stand the case will be carried to tn,
supreme Court on exceptions, so the
end is not yet. Very able counsel was
engaged on both sides Messrs Burke
and Rand of Lisbon, arguing the case
for Earle and Ray of Lancaster. aud
Powers of Morrisvillc, for Grout. The
arguments were listened to 10y good
audiences. and were ingenious, exhaus-
tive and able.
Had we room. or were il necessary
we might comment on this chapter OF
the Times history but it has been 81
thoroughly developed i'll the courts and
elsewhere, that nothing further need be
said hy us.
Burke.
5. a. Nelson has been appointed post
master at West Burke, rice Silas Beck