Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-12-03

THE REoEET DECISION
In continuation Of our remarks in our last issue,
upon the merits Of the celebrated organ case we may
quote the words Of eI-Gov. Stewart spoken to the
Rutland (vt) correspondent Of the Boston Evening
Journal, last July.
We stated in our last that the decision simply de-
termined how much money was involved in it, and
for what proportion the defendants were liable. In
the report Of eI-Gov. Stewart, who master in the
case II found that Estey Co. had made S1b0O0O
in their business within certain period, and that
whatever was due to Burdett was embraced in that
He reported that Burdett swore that this money
received ION account Of the pleasing and beauti
full effect produced by tuning two sets Of reeds out Of
tune with reference to each other" phich tcds not
patented and that he cannot from any evidence sub
ried 10 him, form any estimate Of the money rdiue
0J Burdetrs inUention and dismissed all claims for
damages. This report submitted to the court for
approval the facts stated The court simply al
lowed the entire amount with interest, from the time
Burdett entered disclaimer Of certain portions Of
the patent, which the court held bad and without any
costs upon the entire suit Estey Co. took an ap-
peal TO the supreme court whero it ia confidently cx
pected that this finding viii be set aside.
GOVERNOR STEWARDS REMARKS.
In the interview published by the Rutland (v cor
respondent Of the Boston Evening Journal the follow
ing occurred:
The conversation now turned to political matters Of
M Tyler, Of Drattleboro being returned to Congress
from that district as the convention is to be held ne1t
Wednesday at White River Junction.
MT Stewart, there is considerable talk on the east
side Of the mountain that Mr. Tyler as legal adviser
Of Waite, came to you and attempted to corrupty in
auence You as to the award in the celebated Waite
Estey organ suit"
THAT requires some explanation" b" said Mr.. Stew
art 'I appointed Master to take testimony to
the award and amount Of business done by the Esey
organ company. While at Brduieboro, Mr. Waite
made some uerg foolish remarks and many of tie first
citizens Of Brdieboro endcduored to influence ne
JdUor Of Waite, II ,ras to deeide the famous
trOuersv Many ladies' endeAyored to indirectly in
huence the result, but can honestly cay this much:
None Of Mr.. Waite's counsel ever attempted such q
course. Neither Mr.. Tyler nor Mr.. Phelps came
to me with any such intention. They too smart,
and stand too high In the legal profession to attempt
such course. an trfiiing 70 say rhen made The
drdrd bcltered that Uds the last of IL. As 10 me the
iau irds peLJcctiy clear, and the Haruey Dayton
organ decided 10 be genuine, there ia doubt IN
my mind but trhdt the supreme court ,rH the
decision Of ne circuit court and declare the patent
inudlid. II Mr.. Tyler visited Mddlebury college,
do not remember as he came to see me. He Is per-
fectly innocent Of this charge"
The above remarks are certainly strong, and, COM
ing from such source, appear TO be thoroughly
elusive.
CURIOUS TEAruRrs CASE.
It might seem, from the way in which originally
alluded to Snas NJ waite the Brattleboro defaulter
in connection with this case that wished to bring
him into 1t with little show Of reason; but the latest
phases Of the trial appear to have developed three
fold aspect OF the case:
LIST. It was Mr.. Riley Burdett who was managing
the organ case, yet swearing that this man Waite
his partner.
2d when Moses o. Nichols came to play his part in
the nefarious scheme in which there were evidences
Of attempted hlAckmail, perjury, and vile nsinuL-
tons, Mr.. Converse, vice president Of the Burdett
organ company, appears as the man paying the said
Nichols's bills and advancing him money.
Sd. But when the anAl testimony in the
taken, II appeared that silas NJ. Waite the mana
ger and apparent owner Of the claim, and was only
using Burde owner Of the patent involved in the
dispute, and to work his wAites) own scheme for It'd
ing over the wrecked condition Of the Br Gtteboro
bank, Of which he was president, and so arranging
matters that in the general sash-up which he knew
sure TO come, all hands would go down together.