St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1875-10-15
An Important Case, and Heavy
Damages Awarded

week. Judge SllPmdm presiding. | u"
ease v.> entitled Bton Is. HrcLriH ii
HrnrH. he >uit Mas brought in l-GJ.
il Orleans County court. and was Ie-
moved 10y defendants /" The Circuit
Court.
The action WAS t"I tr'>pa>> f"r an
alleged assault. and tor t.il>,. impri>"m-
nrcmr. hr"ugit hy Andrew J. Bean of
Manchester. y. H.. against Daniel y.
HrckNiih at sutton and Gilman Henry
at Noud>tuck. The facts IT. brought
out in the tlal are briefly these. a. We
gather them from Jndgc >hipmans
charge:
In Jane. l-ti4. the plaintiff Was Il
resident Of Coatlco"kc. III the Province
of Canada. Mr. Henry wa> pr"v"st
marshal and Nh. Bcckwitli WAS Il deputy
pInNo>t marshal of the second cungrcs-
>inial district of This state. Two per
sous uamcd J"hu Guptiil and Eldcm
Blown cdIuc from tauada on June II.
l-til. tor the purpose of cnIi>ting a>
substitutes int" the army at the | nItcd
plaintiff and one auckland and Jewell.
The plalntIt1' acted at the time H. the
broker al party Nhu made the contract
hr:Wccu BInNn and the person for
whom he was Ia serve ,I> substitute and
t"i the services rendered in such broker
ag,. capacit>. tIic plautin Vas To Oh
tain ~ilm ct the $500 which Brow II
received. auckland and Jewell. one
OF both. Wei" BROKERS' tul CiUptlll.
! he Two substitutes were. dllll Ell
listed int" the service of the uitcd
States in the >ccoud congressional dis
uict. 10y Nh BrckWith. undrr me dilcc-
tiuu OF Nh. llcml. and loo of the
money belonging t" them Was lett in
the ru>rodl of MI Bcckvirh. In IL
dltinn /" the = 100 the principal agreed
10 pay and did pay into rh, hands "f
the two brokers the >uin ni $500. IT. the.
Residue Of the contract Plirr t"r which
the substitute agreed 1n culI-t. OF this
money = loo Mas received h\ the plain
till who icturmcd /" Canada the same
ol the fellow it,. d.it. bn the might ui
.Juuc 18th the fN" enlisted nrru desert
eel and never retained. The two de
irudIit- tIuui The circumstances of the
C.I-C. Cn-rItaIu"tl the opinion that the
enlistment and the dc>cltinn Wi> Il
plcc"ur'.Itrd plan upon the part "f the
five mcI " h., came from Canada. and
that Bean and Huckllud and Jewell
were at least priHN /" the escape of the
enlisted men. il they did not aid them
ia rhcir dc>rl ion and that the receipt
of the 500 was i fraud upon the pin
cipJl> or the | uitcd STATES government.
~ lam, fI,.t..nr,,t, I,. Ia,
verbal direction OF General +. J. Pitcher.
ISSUED 4 Wlirtct, order To Mi. Beck it'll
to take Transportation. arrest tho five
mem if they could hc found. and upon
their ATTEST to bring them 10 the head
quarters of Henry "I L" the hcadVuaI .
tcI> OF Gen. Pitcher at Bllttlch"ru.
This written order cannot now he
found. h:lNiu a. it l. said. been >cui
L" Washington. The plaintiff docs not
admit that any written uIdCI was then
given. hUt il l. not material y neither
th,. order Wis written al verbal. Nh
lic,k with made. search tuI two OF three
diN> Nlrhout success. AMI the acIiN,
search vas abandoned until N"Nrmhcl
II. I-GI. when he accidentally met
Bean il the c.u> at Wells River June
ri"u and ilrc>tcd him h} Virtue Of til,
order Whirli ha~ been mcnIinucd.
H., took him I, his house at sutton
the next day carried him to Wiud~"i
the headquarters at Henry Nh" order
ed him confined in The stale prison al
than place. Ih.. Ic;i~nus and fact a
the aIIc>t We're communicated in wit
in tm"ugh Major Au>rinc. the sue
cc>>ol nt Gen. Pitcher. on Nov. ~. hN
Captain IIruIN in his report in TIA,
following w"id>: "NIrr>trd A..I. Bean
charged with having taken Il palt 81
the, money paid t"I tV" substitutes. and
then hciu4 pli>N t" THEN dc>cItiom. aud
j. hcd for the return of the money.
Captain Henry made u further full
report T." Nai"r Au>rinr ON December
~. i-0l. "l merchants.
Bean WAS kept confined AT night il
an "IdinarN cell in the. stale prison. and
W. under constant surveillance dIuiu-
the day time. He Frequently solicited
u trial and finally wrote I" the com
m.tndiu@ officer Of the department nl
ia, east. hu communicated Il reply
through Major Au>timr approving Z"
the Arrest and iutoImin" Bean that ht
could he released OH the payment al
S-OO
lIWln@ The nt"lN IrW> # Capt. Henry
WILL i''',' ~ '''' SLY Fl!>"n' I,' IL
r,,.,t ~ tI,i. .rr, and H.. .x,.,,.,. :,
his aIIc>t he could he di>chaI gcd
Finally ON nr about March >. I-ti5. the
tH'l ANA me ra',c' "i b'an detention
-, 'V W,iI; ,',.' ''''', ~" ,n;I
I.,ij. directed thot br he turned over
To the civil authorities of Vermont. On
,\rrlI 20 l0''1' he was released on nan
','' ,uS !" '''''''''' ii''"' >.I'' w.,