The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-06-29
Twenty Dollars Worth of Vengeance.

The case of the state vs.. Benjamin Fl.
Wooley for breach of the peace in assault
ing ii. W.Nye on June fifth, was tried yes
terday before II. w. Porter, justice of the
peace. Hon. Martin G.. Everts, states at
torney, assisted by d. E. Nicholson, ap-
peared for the state and N. P. Simons for
the defence. The court was called in the
morning, and jury consisting of Benja-
min Billings, John M. Hall, Low j. Kings
ley, Thomas j. Lyon, William B. Mussey,
and E. F. Sadler were drawn. Several
who were drawn were challenged. The
court then adjourned till two o'clock. Two
of this jury, Messrs. Kingsley and Lyon,
failed to appear in the afternoon, and after
being summoned several times appeared
and made excuses, which were accepted,
and the case was tried by the other four
jurors.
The prosecution opened their case with
II. W. NYE,
who testified On the afternoon of the
day in question, was walking down Cen
ter street, and had just turned the corner
into Merchants row, when 1 met Wooley.
He said he wanted me to understand he
was out of the liquor business, which he
repeated three times, with some profanity,
and threats to me if l signed any more
warrants for his premises. l don't think /
replied to these threats at all l was stand
ing near the edge of the walk, and was APP
pretending no danger when Wooley struck
me on the nose staggered out into the
street, my hat fell off and my nose began
bleeding l went into Higgins store and
washed the blood away. My nose was
sore and black and blue for some days.
Being cross-examined, he said that he
had never prevouly talked about signing
search warrants, and that he only knew that
G. II. Wooley was lessee of the saloon,
from the fact that the warrants he signed
were made out with both names, and Mr..
Thornton told him SO. Wooley told me
once that we didn't do right in signing war
rants to search his house, and wanted to
know if the citizens would let him sell
lager beer if he wouldn't sell anything else.
l never believed and don't believe now that
G. II. Wooley owns that saloon.
II. o. Perkins testified that he had heard
Wooley make threats about Nye, but he
didn't believe he would carry them out.
j. G. Thornton testified that he never
had conversation with Nye as to who
leased the saloon.
h. II. wooLEY
was called, and gave his version of the af-
fair. He SAID "Nye and the citizens COM
mittec had annoyed me, by signing war
rants for my house after l lad lett the
business. gave up the liquor trade near
~ three years ago. One this day had
been working hard, and was tired went
into my brothers store he told me there
had been raid and that was mixed up
in 1t. l met Nye and told him l wanted
him to understand that had left the bust
ness he said he guessed l want as far out
as might be told him if he meddleJ
with my affairs I'd slap his chops for him
he wriggled round some, and l said !
guessed | had better do it now, and struck
the side of his face with my open hand, the
ball striking his nose. That's all there is
of it."
The case was then argued, considerable
fun being caused by Mr.. Simons claim that
Wooley had the same right to thrash Nye,
as his brother Nicholson had to spank a
boy who smoked in his face and Mr..
Nichols0n's account of some of his ex
PLOTS In that line, and his description Of
whisky as soapsuds and strychnine. The
case was given to the jury who, disdaininl
to follow the example of the celebrated
Beecher jury, returned verdict of guilty il
the space of five minutes, took their fee
and departed. The justice fined Wooley
twenty dollars and costs, the highest sun
allowed by the statute, and the court nd
journed. #