Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-11-22
THE BEER CASES.

Three Of them Heard Last Saturday.
the Gale & Esterbrook Beer Condo ed
aud spiIIed---Gale and Thos. Manning
Proceeded against ss Common sellers.
Three Of the cases growing out Of the
beer raids Of Saturday, Nov. 8. were dis
posed Of before Justice Newton last sat
urday. The case of the state vs. Gale &
Esterbrook, proprietors Of the Flat street
botiling establishment, was called first.
Fred &. Gale appeared as claimant for the
30 and odd kegs Of beer which were seized
at that place. He was represented by his
attorney. Z. II. Wason. who is the solicitor
for the city OF Nashua, y. II. J. L. Mar
tin appeared for the state. Under the
provisions OF the statute Gale was first re
quired TO give bond by way Of recogniz-
ance to the state, with sufficient sureties,
in such sum as the court directs. condi-
toned that he will prosecute his claim to
effect and pay the costs awarded against
him" His bond was fixed at $1,000. He
I said the beer and kegs were worth $3.50
| and Of this sum the kegs were worth $50.
/ The defence called for jury, but the jus
I tice held that the claimant was not so en-
/ titled, in accordance with a ruling by
Judge Redfeld in a case Of seizure Of liquo.
/ brought before the county court. when la
ruled that the claimant was not entitled Ga
/ trial by jury.
The hearing then proceeded before the
Justice. Gale took the stand and testified
In substance that the beer was brought 10
! Bratileboro for storage only, and as a mat
ter Of economy in freight charges. 1t wa:
not sold in Vermont but in New Hampshire
| Part Of il was sold in bulk and part Of il
was FIRST bottled. During September he re-
oeived a carload Of this beer from a Spring
field, Mass, concern, which was sold in New
| Hampshire. This was part Of another lot
I When questioned a. TO whom the beer va,
sold. how and by whom it was handled
the help employed, etc, Gale was reluct
ant to answer When pressed by Mr.
Martin he said he could not tell, but tbs
books would show. The books were theI
called for by the prosecution. To this thi
defence objected strenuously and lonl
contest and argument pro and con followed
| The.cour said that the more the point wa
argued the more it became convinced tina
the books would have TO De produced. AT
ter examining authorities and precedent
during the dinner hour the justice rules
al the opening Of the afternoon session
that the books must be produced. At thi
Gale withdrew as claimant and the bee
was condemned and ordered destroyed b,
the court. Late in the afternoon Deput,
Sheriff wilkins and Police Officer Hal
went TO the temporary lookup where tn
beer was stored and spilled il.
After the conclusion Of the case state
Attorney Fits entered a complaint agains
Gale as common seller and he was al
rested on this charge and held for tria
next Tuesday, the 26:h inst.
Decision that the beer had no lega
standing in Vermont. whether brongh
here for storage only or otherwise, woul
seem 10 be well founded under a rulin
made by Judge Reddeld that "Iutoxicatin
, liquor is outlawed by the statute an
made subject 70 seizure and con6scatior
Il has no rights that the law is bound !
respect. Il is public enemy that whe
| discovered, the Law smites.
When the cases against Z. Manning an
Shea & Manning were called no one al
peared as claimant for the beer seized
b their places and the beer was condemne
: and ordered spilled. Their cases wei
continued, but were not mol pressed and a.
. liable TO be brought up at any time If o
casion requires. Thos. Manning was ais
: proceeded against by the states attorne
As 4 common seller and trial set for h
z 26;h.
% The other raid cases, against the nigl
lunch room, brisbane, and Wright vi
come up before Justice Newton tomorrow