Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-03-12

A CAUSE CELEBIE.-The suit of Andrew
J. Bean vs.. Daniel n. Beckwith and Gilman
Henry, which, after a trial in the United
States Circuit Court lasting over week,
came to an unsatisfactory close March
4th by the failure OF the jury to agree up
on a verdict, is one of the most notable cases
that has recently come before our courts. The
facts, briefly summarized, are as follows:
Gilman Henry of Woodstock, one of the de-
PENDANTS in the present action, was, during
the war, United States Provost Marshal,
and Beckwith was one of his assistants
The plaintiff Bean WAS a substitute broker.
In 1864 he and some Canadians associated
with him brought TO Woodstock and enlist
deserted from the army. The very next day
the two men deserted Bean and his associ-
a;cs taking. 1t is claimed, large part Of their
bounty money. Bean was suspected Of in
citing the substitutes to this act, and on the
l1th Ct November, 1861, he was arrested on
the cars, near Wells River, Vt, by the de-
PENDANT Beckwith, acting under Henrys in
struciions, an taken to the States Prison at
Windsor, where he was detained some six
months. In April, 1865, he was released on
bail by a justice Of the peace, the grand jury
Bean then instituted a suit against Beckwith
and Henry for false imprisonment, claiming
so, 900 damages. Sui, was first brought in
the Windsor county court, but was soon re-
moved to the United States Circuit Court,
whence it went, on demurrer to pleadings, to
the United States Supreme Court. 1t was
subsequently, sent back to the Circuit Court
Judge Shipman presiding), where the jury
awarded Bean 10, 900 damages. The defence
then took the case 10 the Supreme Court
again, claiming that evidence had been i'm
properly excluded, and obtained new trial
which has come TO the indecisive end al
ready snnoun ced. The jury is understood
to have stood ten to two in favor of the
plaintiff. Had either side been defeated il
would have carried tie case up to the Su.
preme Court, and the present disagreement
simply adds another twelvemonth to litiga
tion air aGy fifteen Years old; and as it takes
about three years 10 get a hearing before the
Supreme Court, plaintiffs chances for speed
lily obtaining large damages may be easily
estimated. iIcssrs. L. J. Phelps. George
y. Date and \. r. Shcafe (who by plaintiffs
assignment is the legal owner of the suit,
conducted the case tor Bean; and Messrs. b.
+. Filicld and Charles y. Davenport for the
defendants.
GroN the declaration Of war in 1912 the
town military companies rcorganzed by the
election of new officers and general brush
ing up Of accouircments. Just before the
battle Of Plattsburch a town company il
that vicinity elected stalwart but rathei
iIliteratc fellow by the name of Jonathan
Pillsbury captain. lie felt that the eyes d
the whole State Of New York were upor
him. He encouraged his company to lie brav,
in the coming battle. lie assured them thai
he would "bchead them as long as Their,
was a man of them left, and that his owl
name would go down to posteritv." Tn,
banner of the company had cmblazcned upoI
lis folds, in addition to the stars and stripes
the enblematic eagle, holding in its talon
the legendary scroll, "E Pluribus Unum.
The Captain eyed the eagle with admiration
but was puzzled as to the significance of thu
motto. Seeking light upon the subject HI
was Informed by a wag that it was the nam,
of the first captain of the company.
bright thought dawned upon the uncultivateC
mind of Captain Pillsbury. He quietly tool
the flag to a sign-pain,er and had the nam,
of the first cnptnin' oblitera,ed and hi
own substituted. m that comrany rushed
bravery into 'br hsai hearing = aGn. viii
ths; si.nEgc d"yice. e Jonathan Ilisbury.