St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1877-02-09

loads. The details OF the eCOmmlSSaflat
of that party were not given in evidence
before the referees, but we have no
doubt that important element in the
exercise of self-government through
mass Conventions of that character was
literally attended to.
The Convention was one of enormous
attendance and great excitement, and
resulted in drawn battle, the HOyt
men claiming that the Convention ad-
iourned without a nomination, while
the Baxterites insisted that the adjourn
ment was fraud, and remained and
nominated the man of their choice.
The result was that the party was
divided, and both Baxter and Hoyt
contended as Republican candidates at
the election.
The defendant kept his engagement
with the plaintiffs intestate, and la
bored, as he had agreed, to induce men
to vote for Baxter, and on election day
he disbursed the sum of $475, which
he spent, as he testified, partly for
teams to get voters to the polls, and
partly in treating them to intoxicating
liquor after they had got there or near
there.
How much of this he spent for teams
and how much for treats he did not
testify, and the referees are unable to
find.
The defendant paid for the use of a
wagon to go TO the Hydepark Conven-
ton, using his own horse, $5, and for
the expenses of himself and team on
the trip, S975.
The referees find that all the disburs-
IL in, lnfn
count. connected with the refreshments,
both fluid and solid, furnished by him
to the attendants upon the Convention,
were made by the defendant in the
course of, and in accordance with his
employment by the plaintiffs intestate
in connection with the campaign, and
that both parties understood and in
tended that such refreshments should
be given gratuitOusly to the freemen
who received them, with view to
some extent to influence their votes,
not only at the Convention, but also at
the election which followed.
The parties both expected and in
tended that the liberal preparations for
food and drink for those who would &C
to the Convention in BaXter's interest
would become known, and would have
some influence in inducing men to &c
there and vote for their candidate, who
otherwise would stay at home, and that
having thus become committed to BaX-
| ter at the nominating convention, they
would also vote for him at the polls.
The free ride, free lunch, and free
drinks, were not an unimportant part
of Il system arranged by the PLAINTIFF Is
intestate and the defendant to secure
votes for their candidate, both at the
Convention and the polls, which with
out such encouragements and induce
ments they did not expect to get.
No evidence was produced to show
that either the plaintiffs intestate, ol
the defendant or those to whom the
liquor was furnished, as above stated
were in 1866, agents of any town Ol
city in the state, for the sale of intoxi
eating liquors, and the referees do no
find such to be the fact.
And they do find that the liquor
charged in defendants account, was
not delivered to the attendants of the
Convention at any private dwelling O
its dependencies.
The referees have thus recited all th'
items in the defendants account il
OllSel, WHICH, Nclt Ciidi SCt III ICoO, dh'
they report that the same ought to b'
allowed to him, together with interes
from, say August lst, 1866, to Septem
Der 2lst, 1875, except such portion
thereof, if any, as in the opinion of tn
Court is an illegal and invalid charge
as contrary to public policy, and tn
provisions of the law of this state rela
tive to the sale, furnishing and givin!
away of Intoxicating liquor, and O
section rs chapter l, of the Genera
Statutes, relative to elections.
How the defendants offset should b
applied as between causes No. II an
- respectively, the referees submit t
/, the Court.
The defendants entire claim wa
pleaded in offset in both actions, an
: was presented before the referees.
r ): y " I. ! !; H.. v5ssss; sss%; Referees
= This report, it is to be noted, Wa
T made solely on the personal testimon
of the defendant Sutton. The accour
1 appended seems to indicate that tw
grades of whiskey, as well as two grade
of sandwiches, one for the "otficers an
y leading men" and one for the Gran
and tile," were furnished, there bein
:, a barrel of Bourbon whiskey charged ;
e So. per gallon, and other barrels {
: half barrels of corn whiskey and Ne
: England rum, at lower prices.
g The Court disallowed the charges fl
e Intoxicating liquor furnished in vio!;
Il tion of law, and rendered judgment pl
e torma, for the plaintiff, for 1916,
e which exceptions weIe taken by IL
defendant. The parties have since, "
o learn, settled the suit, and the report
" now valuable chiefly for the legal e!
1t PLANTATION it offers, of the singular ci
e cumstance, heretofore noted, that SIM
l. 1866, no boy has ventured to go bar
; foot within ten miles around Hydepar
VYba+ he piI1ox