Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-06-30
Liabilities Of Liquor Agents.

Liabilities Of Liquor Agents.
INV PHASE on THE PRomnrroRY LAWSUIT
ToWN LiQrOR AGENT OF GREENSBORO
Nhhpicf ron rnE PLAINTIFF.
SO rarely has II been put into operation that
probably many Of our readers have forgotten that
there Is, what ~ known as personal liability sec
ton, In the act Tor the regulation Of the traffic in
intoxicating drinks Although passed in 1859,
and considered to he by far the most effective
weapon against liquor-selling ever devised, since
II strikes nj mems most sensitive points their
pockets, only two suits have ever been brought
Under tone in wndhsm county, against sa-
Don keeper in which Il is said that the consti-
tutonality % the law was affirmed by the Supreme
Court and damages recovered by the plaintiff,
and another tried In the Orange County Court, At
Chelsea last week This second case Is unique In
one respect, and presents an entirely new phase Of
tie suhiect-onc, perhaps, never contemplated by
the friends Of the statute The defendant was not
common rum-seler-in whom Il would I've an
offence 10 sell furnish or give away single glass
q bquor-but was holding the office Of liquor
agent Of the town Of Greensboro, with the right to
sel all kinds Of liquor for mechanical, chemical OF
medicinal purposes. The circumstances Of the
affair were so singular and interesting, and the
legal points involved so novel that we print full
account Of the case.
TINT or THE STATUTE
Tho portion Of the statute which applies to this
oaseis the third section Of law passed by the
legislature in 1862 and entitled " An act in amend
met Of and In addition to, chapter ninety -four Of
the general statutes, entitled Of the traffic in in
toxiating drinks" It reads as follows:
Whenever any person in a state of intoxca-
ton shall wilfully commit any injury upon the
perpn or property Of any other individual, any
person who, by himself his clerk or servant, shall
have uulawfully sold or furnished any part Of the
liquor causing such intoxication shall be liable 70
tho party injured Tor all damage occasioned by
the injury So done, 10 be recovered in the same
form Of action as such intoxicated person would
be liable to- and both such parties may be joined
In the same action and in case Of the death OF
disability OF any person. either from the injury re-
ccvet rs herein specified, or In consequence Of in
toXicition from the use Of liquors unlawfully
furnihed a. aforesaid, any person who shall be il
any manner dependent on such injured person foi
means Of support, or any party on whom such in
jured person may be dependent, may recover from
the person unlawfully selling or furnishing any
such liquor, as Aforesaid, all damage or loss sus
tainct in consequence Of such injury, in any cour
having jurisdiction In such cases; and coyertur'
or infancy shall be no bar to proceedings for re
covery in any case arising under this act
HISTORY or THE CASH
The suit is entitled, Margaret Stanton rs, David
simpson, and in the writ plaintiff claimed to fe
cover $1,000 damages It was brought by
Mes.rs Leslie & Rogers, Of Wells River, viii
whom was joined Mr. E. W Smith, promisin.
youn. lawyer Of the same place Judge Power
was originally the leading counsel for the defend
ant, but his elevation to the Bench forced him Il
reluquish his brief, and the counsel for the de
fence at the trial were Mr. o. S. Burke, Of st
Iohnsbury, Mr. J. p Iamson Of Cabot, Mr c
W Clarke, Of Chelsea, and Mr. Nelson Rand, o
Craltsbury. The plaintiff has been a resident o
Newbury ion the last five years. She and he
husband John came b this country from Englan,
about eight years ago, and John a pleasant anC
noifensiye little oockney, supported them b!
pcddiing dry and fancy goods around the coun
try He was very well liked on his routes through
Caledonia and Orange counties, especially by tn
women for whom he always had pleasant wcr,
and something desirable to sell, and probably di'
not have an enemy on the road. She is a rattle
stolid and heshy woman, Of good size, and $
ignorant that she can neither read nor write
The defendant is one OF the leading citizen
Of Greensboro, has been one Of tue selectmer
and is a substantial farmer. lie lives on the we,
side Of Greensboro pond, on what was known a
the Sheriff Williams place. lie has very goo
reputation in the community where he reside,
and his neighbors aud acquaintance, includin
| such men as Senator Tolman, Samuel Ingalls, an
Judge Bell, stand by him steadiastly. Ex-ser
ator James NJ Simpson, of Craftsbury, is one c
/ his brothers.
on the 2sth Of June, 1873 John Stanton was dri,
ing his team in the town Of Walden, and betwee
three and four clock in the afternoon, he calle
at the house OF James Snow, Oh the edge of Cole
pond, in that town. Snow had been on a drum
nearly all the week upon alcohol, and was then :.
ing upon a lounge in the front room. stantc
tried to sell Mrs Snow dress pattern a shaw
she told him she had no money and couldn't bu
Stanton, in his CHEEKY way, replied, 80, ye
you've got plenty of money" Snow, upon thi
jumped up and asked savagely how he knew 81
had any money. Stanton replied all the farrne
had money. Snow called him DID fool. Stanto
replied that Snow was n bigger one and, laughin
said that man who couldn't take joke ought II
to live round there. Snow told him to leave. Sta
ton said he was in the highway, and shouldn't leav
snow told him again TO leave, and, getting u
went to the door; at the same time Stanton dro'
into the middle Of the road, and said he was
in the highway then, and shouldn't go till he z
ready he guessed Snow wouldn't hurt any on
Snow told him he would let him know whether
would OF not; went in, got his gun. returned
the door aud shot him. The charge lodged
stanton's face, and he fell from his cart dea
Snow was tried at the Caledonia county court, al
was sentenced to the state prison for life Snc
is said to have been good-natured man when
Der; but when maddened with drink, he was
tough customer 1t was claimed by the plant
that the liquor which caused Shows intoricati
was furnished by the defendant, knowing that
would be improperly used The defendant q
mitted the furnishing but alleged that Snow h
represented To him that he wanted the liquor
cohol--to make essences with, and that he had
suspicion that it would be used to produce into
ication This was the main issue in the case.
Owing to Judge Powers having been counsel
the case, and therefore unable to sit, Judge Re
field presided at the trial.
PLAINTIFFS EVIDENCE.
The first witness was the plaintiff herself, W
testified that she was married to John Slant
thirteen years ago, the eleventh of June, at Lee
England in st. Anus church, by Catholic prize
named Brown. She saw the priest give her h
band certificate at that time, but had never sc
Il since, and II was not among her husbands
pers at the time Of his death The defendant
= jected first TO the admission Of parole testimo
, as to the marriage, but the court found the f
I that the certificate was lost, and being lost,
: contents could be testified to by the witness
! PENDANT then claimed that the certificate was
proof Of marriage; that the marriage must
proved by competent witnesses, and that it wa
legal marriage in England. The court held that IL
. could not take judicial cognizance of the Engl
law; that unless proof TO the contrary was ole
by defendant, they should assume the marri'
{ 10 have been legal one there, and should all
plaintiff to testify tn It's occurrence the eertific
having been lost. The defendant took exceptiC
, To this ruling, and will carry the question to
supreme court. Plaintiff proved the killing OF ST