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

suit. The cause was referred to referees,
and their report to the Supreme Court,
to which the case had gone upon ap
peal, is the legal document above allud-
ed to. AS a formal document presented
in court and which has otherwise be-
come public, and us matter of public
interest, and in compliance with numer-
ous requests, we copy the main portion
of the report:
SUPREME COURT, JANUARY TERM, 1877.
REFEREES REPORT.
The first portion of the report refers
to the matters of general account, hav-
ing no special public interest. The last
portion, referring to those items of the
account of the defendant in offset which
grew out of his service in the HOyt-
Baxter campaign, is as follows ::
The remaining items of the defend
ants account in offset arose in this wise:
In the summer of 1866, Portus Baxter,
the brother of the plaintiffs intestate,
was seeking the nomination of the Re-
publican party as candidate for Rep
resentative in Congress from the Third
District of this state, and mass con-
ventiOn to nominate such candidate had
been called to meet at Hydepark on the
18th of August of that year. The PLAIN
titf7s intestate was very desirOus to Sc
cure his brothers nomination at that
convention, and on the 10th of July,
| 1866, he employed the defendant to
work for him to that end at 50 per day
from that time till election day, which
was to occur on the 4th of September.
The defendants business under this
employment was to influence people to
attend the convention and vote for POr-
tus Baxter, but more particularly to
take charge of procuring, preparing and
distributing among those who went from
this neighborhoOd, articles of food and
drink, to be used by them on their way
to and at the convention and after the
convention under this employment, the
defendant was to use his influence for
Baxter in procuring voters to cast their
ballots for him at the election, and tn
aid them in getting to the polls.
In short, as the defendant himself
testified before the referees, he was en-
ployed "to help Mr.. Carlos Baxter pack
the Convention, by getting a lot OF
loafers to go there by furnishing them
teams and taking them up" and pro-
viding them with refreshments while OIL
the way and at the Convention, con
sisting of sandwiches and Intoxicating
liquor, arranging these refreshments il
suitable packages for distribution, and
distributing them to those who attend
ed the Convention from this vicinity
and between the Convention and the
election 70 assist in rallying voters to
. the polls to vote for Baxter, not, how
ever, by way of any public discussion
or speeches, but in the way of personal
influences and solicitations, and to ar
range for teams to convey voters OF
that persuasion to the polls on election
day, and see that they were brought
there, and, if necessary, entertained
with food and drink on that day.
The defendant went to work for the
plaintiffs intestate on the 10th day o1
July, 1866, and worked zealously an(
industriously in the manner and for the
purposes above recited, until the close
of election day, making thirty eigh
days for which he has charged in hi:
account at the stipulated price, at ;;
per day, making STA.
In the course of that employment
and at his employers request, the de
fendent ordered in his own name fIon
New York, of liquor dealer there, ;
bill of Intoxicating liquors for distribu,
tion us aforesaid, amounting to S237 .95
which bill is hereto annexed marked
sB.n
This liquor arrived in Burlington oil
the 26th of July, 1866, consigned to tn,
defendant, and he received the SAM
from the carrier, and paid the freigh
f and carriage on it, amounting to So. IL
He did not pay the consignor of tn
liquor for several weeks afterwards, bu
finally paid the bill from his own money
7 but he charged to the plaintiffs in
I testate the amount of the bill as 500
as the liquors arrived in Burlington, a
also all other disbursements charged i
his account as fast as they were made
The defendant took this liquor an
t poured it into bottles, part of whic
=, was furnished by Mr.. Carlos Baxter
: and the remainder purchased and pal
; for by the defendant, viz: % dozen, fC
b which he paid and charged in his az
: count S16.50.
f He purchased and paid for corks fC
these bottles to the amount of $3.50.
: He paid for boxes to contain the bot
n ties of liquor and sandwiches hereinaftt
d mentioned, 1890.
q For help in washing the bottles an
putting the liquors into them, he pal
1925.
If For carriage on the bottles after the
is were filled $3.50.
Il These bottles so filled with this liQuO
the defendant distributed among tt
70 persons going to the Convention, dea
IL ing some out before starting from Blu
+ lingtOn, and carrying the rest alOI
with him and distributing them on fl
way before arriving at Hydepark, al
at that place, us in his judgment ii
necessities of the occasion and the eau
of Baxter required.
The plaintiffs intestate furnished
the defendant a quantity of hams f
sandwiches but they proved il sutficie
, unto the expected necessities of Il
y freemen who were to go from this neig
" borhood to the Convention, and the d
rs fendant purchased five or six more
q an expense of Sl7.45.
m These, together with these furnish'
n by Baxter, the defendant caused und
10 his superintendence to be boiled i'll
q cut up, and with bread, which he pu
as chased at $28.60, and butter and mu
n tard, which he bought for $3.50 to
6 made into sandwiches, at an expen
X for assistance in the process, of $l2.
If These sandwiches by order of Baxtt
nj were made of two qualities, one of pla
Ne bread and ham for the crank and file
= and the other of buttered bread al
o. mustarded meat for "the officers a
re leading men,"
al For carting these sandwiches, divid
n into suitable sized parcels, to the Ba