Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-11-29

Trial.
The case of the State against Fred e. Gale as a
common seller Of intoxicating liquors was brought
up before Justice Newton Tuesday morning. The
case was set for o'clock but 1t was 80 =. NJ be-
fore jury was secured. States Attorney Fits
appeared for the state. He assisted by j. L.
Martin. f. II wason, city solicitor of Nashua,
n H. and Haskins & Stoddard appeared for the
respondent.
The iurymen drawn were Geo. H. Clapp, F. d.
Morris, c. E. Pufer, A. j. Pullen, c. o. Robbins
and F. X. Vaughan. Mr.. Vaughan was the only
one who had expressed an opinion about the case.
He was excused and J. l.. Knowlton drawn in his
place
7. Frank Turner was the first witness called.
The questions of the states attorney brought out
this testimony: Witness manager for f. c.
Gales beer business the other side of the river
Had been employed by Gale for two years or more.
When beer was sold by keg case it was deliv-
cred by the purchaser sending over after it. No
one was employed or paid TO deliver beer. Wit
ness thought New Hampshire trade greater
than Vermont trade. Had sold beer to Brattle
boro saloon keepers, they came or sent over for
1t. Did not deliver it this side. Did not remem-
Der having delivered oeer at freight or express
offices for customers in Vermont. Did not sell
beer at price delivered. During last few months
| beer had been stored in Vermont. Gale had
| United States license. Some books of account
| had been lost or destroyed. They were in New
| Hampshire last he knew. They were not in wit
ness's charge at present time, but in charge of
Sheehan. He and Sheehan were both hired by
| Gale To questions, whether witness was not next
| to Gale in the conduct of the business the reply
was suppose my word would GO
At this point witness asked to produce the
| books of account. E. II. Wason, counsel for the
| respondent thereupUn forbade Turner to enter
Gale s premises and in behalf of Gale discharged
| Turner from his employ. The court ordered wit
| ness TO produce the books IN an hoars time.
Deputy Sheriff wilkins of Putney, the officer
| who made the search and seizure on November g.
testified to finding 43 kegs, case and 10 bot
ties Of beer at Ester brook & Gales place Flat
| street. He also seized less than a pint of rum
| or whskey, which was claimed by a young man
who was washing bottles There was govern
| ment stamp on each of the kegs taken. He
| spilled the beer by order of court. Witness was
| asked to produce one of the kegs, but IL
| ceded by respondents counsel that each of the
l3 kegs seized bore United States internal reve-
| nue. stamp On the cross examination witness
| said there was only one person in the room when
he arrived at the place; that all the kegs In
| the refrigerator and there was no evidence that
| any of the kegs had been opened stamps
! broken. He saw no bar or glasses. There were
| cases of empty bottles, some washed aud others
| not. boy was washing bottles. He opened
some Of the bottles; should think they contained
| lager ReGXamined by Fits, witness said he
tasted some of the beer from the kegs at the time
it was spilled and that he thought it was the
| same kind as the other
Thomas Manning was the next witness. Exam
| ined by Fits. Runs pool room in the Sherman
building on Elliot street Sold hop beer which he
| bought in New Hampshire of Frank Turner Did
| not think he bought more than 10 cases week
| ceipts. He had United States license, dealer
| in malt liquors. The beer delivered by Dan
| iel Aher, who drove T. j. Turner's express team.
He used to go over the other side and pay for the
| beer nearly every day.
| T. j. Turner was next put upon the stand. Had
been employed at Estey's for 81 years. Put an
express team on the street last April. The driver
was Daniel Aher. A large part of business was
taking goods from the cold storage o the brewery
| and bringing back bottled beer. Was employed
| by Frank Turner to get the empty cases. was
paid 10 cents case for taking them back. Had
| been on the wagon when beer had been left at T.
| Mannings place on Elliot street and at T. Man
| ning's in the MILESTONE block. Witness never
| took any orders.
| At this point T. Frank Turner was again called
Said he had tried and could not get into the place
| across the river. II closed and Sheehan had
! his key. He met Sheehan but did not ask him
for the key. He was again ordered to produce
| the hooks in court
VIM. Brockington testified to having bought
| case of beer across the river at two different
| times. Did not order ON this side. Took his
| brothers team and went over and got the beer.
Patrick Manning testified TO having sod hop,
| birch and tonic beer. Had bought beer OF Tur-
| ner. Would not swear il was lager.
A. Tyler, the proprietor of the Brooks House,
was the next witness. He said one of his bell
| boys had exchanged two or three barrels of Ap-
| polinaris bottles for beer. He told it was
| hep beer Had the beer about Fair time.
The admission of the proceedings of the hearing
| of Nov. IL was asked for and without the reading
| of the stenographer's notes, the counsel for the
defence admitted that Gale had put in a claim
for the 43 kegs of beer seized on the 9th inst It
was conceded that it was lager beer. That when
| the books were ordered produced, he withdrew
| his claim and that in his presence the beer was
| condemned and ordered destroyed.
| Fred Ransom testified TO having carried beer
| from the brewery to places in the town. Did not
dare tell how many times for fear Of not telling
| the truth
Before the court adjourned Frank Turner was
| again put on the stand He said he had driven
| over to the brewery and had tried every door,
but the place was locked. He looked for Sheehan
as he drove by z. NJ Bakers, but did not see him.
Before adjournment counsel for state gave notice
~ -,t,,. Of
Turner for contempt of court if the books were
not produced. 1t is understood that the state has
not given up this point and that the motion may
The court met Wednesday morning in Grand
| Army hall. Arthur Goodale, 81, employed at the
| Brattleboro steam laundry, was the first witness
He testified TO having had something TO drink in
| Gales place on Flat street II or Is times. Called
for hop beer, tasted like lager beer. Did not re-
| member that Gale ever furnished him any. Never
| drank but one bottle at a time. Had seen other
people drinking there and also shaking dee. Had
shaken dice for the drinks himself. There were
curtains up in the middle room where they shook
dice. The beer was brought in there or one went
and got it himself, Had seen Gale in the place.
Witness named three or four whom he had seen
drinking there. On cross examination said he
could not tell whether it was lager or light beer.
Did not know of the place being open evenings.
The dice were brought there either by Huntley or
himself Had heard that Esterbrook said they
could have no more dice shaking there.
Arthur o'Leary, the blacksmith, G. S. Stock
well, the manager of the Brattleboro Livery
company, Thomas Fenton. the blacksmith, and
@. A. Huntley, the proprietor of the Brattleboro
steam laundry, also testified to buying liquid re-
freshment at the place on Flat street, for which
they paid 10 cents bottle. None of these wit
nesses would swear that they got lager beer.
Stockwell and FentOn thought the beer was poor
stuff. None of them admitted that the place was
| open evenings.
While Huntley was on the stand the question
was asked him whether or not he had shaken
dice for the drinks. This objected TO by de-
fendanJ's counsel, all such questions had been
during the trial. on the ground that they tended to
incT-mnate the witness. Col. Haskins spoke
at some length against the admissibility of the
question, also on the question of the production
of the books of account j, l.. Martin responded
in behalf of the state and the court adjourned
till Bpm.
At the opening of the afternoon session
the witness answered the question which had
aroused the discussion of the morning, and did
not ask for the protection of the court.
JACK MOynlhan teStlned 10 getting drinks al
Estabrook q Gale but after two trials, he gave
ii up as the beer was not up TO his standard OF
what constituted good beer.
Mrs Charles Simonds, who lives directly oppo
site the Flat street place. said that the number o
men, Others than Gale, Esterbrook and Squres
going in and out of the place had been enough Il
attract her special attention.
The state rested its after putting in III,
entire record OF the proceedings of Nov. 10.
The only witness put on the stand by the de
! fence was ii. A. Chaplin, who testified to having
analyzed four bottles taken from the cases seizeC
at Gales place, which showed 10 per cent OF al
r cohol that some of the beer taken from one o
2 the kegs showed 4.75 per cent of alcohol
The opening argument for the state was mad
by States Attorney Fits. E. H. Wason pre-
sented the case for the defence and Hon. j. L
!, | Martin closed for the state The Jury was ou
I three hours and at $50 reported a disagreement
: The case will be tried again either next week o
the week after
!, Alexander Dumas, the younger, tn