Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-11-22

Woodruff. and then to Judge johnson: all OF
whom, singulnrly enough. died before giving
IA decision. After the death Of Judge John
son the case was rc-nrgued about the first Of
last june as above indicated and with the
result as stated.
DESPATCH PROM col. FULLER
The following despatch relative to the
organ case was received this, Thursday morn
ing, 10y the frm Of J. Estey 4 Co. from Col
Fuller who went to New York on Wcdnes-
day
j. Estey d. %. Il have just gone over q
copy Of the Judgess opinion in the Burdett
case with our counsel. The court have so
narrowed the construction Of the first and
second claims that neither Of these claims AS
construed by the court will cover O single or
gan we have made for more than -four years.
and AS % those we at one time made 20
small extent. the construction Of the claim is
so narrow that any profits or damages that
can eventually Dc recovered viii amount to lit
tie or nothing even if sustained after our APP
peal 90 tn. supreme court at Washington.
As you know, the great point in the ease has
been TINT our honor aud that Of several Of
orr witnesses fpartcalarly Mr.. Arvid Day
tom was attacked. and that lac was accused OF
perjury with reference TO "a particular organ
known as Exhibit 81 which ne was accused Of
altering for the purposes of this case, and we
were accused Of having in effect suborned
him to perjury and forgery in regard to this
exhibit. In this particular the judgment Of
the court is a most complete yindication Of
him and us. The language Of the court is as
follows: An examination of the evidence on
both sides on that subject has led the court to
the conclusion that Exhibit u contained when
1t was made ia 1866. the same arrangement of
reed-board and eds which it now contains. "
An injunction cannot affect our business in
the least. Any damages ever received viii be
merely nominal. and oven to get this little
comfort Mr. Burdett must disclaim his fourth
claim and pay lis own costs.
LEW X. FU1LER.
New York, Nov. y, 1873.
A DrArrLEBono boy IN TIL MIDST or THE YELL
low FEVER.
The GOODNESS and bravery which has been
shown by one Of our Brat.leboro boys now a
resident Of the South, during the recent yell
low fever scourge and the seemingly remark
able manner in which he has escaped the in-
fiction are worthy OF note. We refer to john
K. Frost, familiarly known as Jack, son Of
John W Frost; Esq. of this village The
young man has for some two or three years
past lived with his uncle, L. d. Frost. at Nc
Comb City. Miss, where are located the gen
eralmachine and repair shops Of the Chicago.
St Louis and New Orleans railroad, and where
he occupies a position as storekeeper of the
department where are kept, and dispensed as
called for. the company's supplies Of all kinds
for the construction or repair Of their rolling
stock. McComb City is situated at the sum-
nit 100 miles north of New Orleans, and its
location was chosen on account Of its suppos-
ed healthfulness. It's population, some 100
or 1900 souls, il largely made up of Northern
mechanics, who are employed il the railroad
shops and their families For some weeks
after the fever broke out last summer the
place was left untouched by il, although rail
road trains were constantly passing through
it to and from infected points. BIZ; finally it
broke out there. and ragged severely, the
deaths up TO last week having numbered ~
whites and or 6 negroes. Imne diately on
the appearance Of the fever young Frost
uncle left with his family for an isolated place
in the country, and strongly and repeatedly
urged him to also leave as did other friends
and family relatives, but he persisted that he
was needed at lis post il the coinpany's ser
vice, that he had no fear Of the fever, and
that, with proper care, he should not have it.
And thus far it has proved that lac was right
about it. He has remained il the constant
performance OF his accustomed duties. has
been with and cared for two or three Of his
associates who have had the fever, and through
it all has maintained his accustomed health.
He writes that the fever has now nearly dis
appeared, and that he attributes his escape
from it, while the town has been full Of the
infection, to having taken proper care of him
self and to the fact that he has felt 10 fear
that the fever would attack him