Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1901-09-19
TROUBLE AT QUEEN CITY PARK
D. w. &. Clapp Fined For Breach Of the
Peace and Makes q Statement.

Peace and Makes a Statement.
The case of the state VS.. D. w. c. Clapp.
for breach Of the peace, was reached yes
tcrday morning in County Court Mr.
Clapp was not in court at o'clock when
the case was called and bail of $500 which
has been furnished by f. NJ. Horton. was
forfeited. Mr.. Clapp was found on the
street few minutes later and brought
/ into court and the order forfeiting the BAN
was cancelled. The indictment found
against him by tho grand jury contained
six counts for breach OF the peace against
Dr. T.. A. Smith. Rev. j. j. Lewis and 9TH
crs. The disturbances were at Queen city
, Park and In South Burlington and were
committed on August 6. 1900, July =, 1901,
July 10, 1901 August s, 1901, August =,
1901 and Sept ., 1901.
/ \ jury was empaneled and Mr.. Clapp
pleaded not guilty. Later he changed his
plea to guilty. Before sentence was pro-
nounced states Attorney Mower made
brief argument for the State, which was
followed by statement by Mr.. Clapp. At
the close of the remarks of Mr.. Clapp the
coprt retired for a few moments to dis
cuss the case and later rendered a dccs
ion, fining Mr.. Clapp s75 and costs. to be
! paid within "a hours. The respondent paid.
Mr. Clapp's remarks TO the court told
his side of the controversy at Queen city
Park and were follows: IF the court
please | think | know now why Mr.. cal
man came to my cottage and strung ropn
to turn teams in front of my property IN
stead of turning below 1t the old turn |
think also your honor that | know nJw
the reason Bartruff came to my PREMISE
and put out the lights left my guests In
darkness and also the reason DR.. Ezra
Smith called me at my cottage at
o'clock Sunday morning, when | was read
ing the New York Herald on my own piaz-
"a, using language not tit to be repeated
here.
protest against using the property for
his own personal gains. I said to him:
"Do not do it for If you do the town grand
juror will put us in ior taxation" There W s
no discourteous language used on either
side. Your honor, my indictment is mos
certainly fraud from the beginning and I
dc not want to let it pass without a. ic-
mark. / own five of the 30 shares of stock
in the Queen City Park Asso cation Eacl
share is valued at 800. | also own "A double
log cabin as well as two lots south Your
honor, Or. Smith is pre- Sidcnt Of that r L.
gious trust with charter which allows
him to assess $3.50 each year per share, and
1t looks as though he was trying to ass, IS
us from the grounds. At three different
times he has assessed this stock. cast ng
his block of q shares a one not.
withstanding the act of October 10.
laSN which says only two-thirds Of the
stockholders present can do SO. At the
annual meeting August y he attempted to
assess the stock again hut not having
votes enough could not succeed. The
meeting adjourned until the next dar ON
that day DR.. Smith gave away or as M
ed II shares of his stock to Y diff.tcui
persons and brought them into that meet
ing to vote. We claimed the action He
gal and it was not disputed by Nir.
Smiths attorney. We asked for an ac-
counting of the books as no reports had
been made for years but the directors re-
l.. 4.
by law and got them after lots of parlcy.
We have had six accountants on them
since.
Hr. Smith took the 70 new stockholders
and drilled Them first in a lawyers Office
and then at his cottage. When met them
in his presence they would say: why don't
yol tell Mr.. Clapp what we are going to
do to him. They then took the drum
corps to the grand jury and they earned
$lun PER head handsomely.
Now then at tho accounting room. as
Mr. Horton knows, we often adjourned to
get rid of abuse and Interruptions Every
opportunity Smith has had he has shame
fully abused Mr. Webb of Randolph Mr.
Crossett Of Waterbury. Mrs. Eastwood Of
Wnooski, John Eastwood of Winooski,
Mrs. TruaN of Essex, Mr. Hardy of Ma
lone. Mr., Withell of Montreal Mr. Ishdm
of Williston, Mr.. Clapp of burlington. Mr.
Atwood of Chittondcn, Mrs Burland Of
Port Kent and Mr. Markham of Ludlow.
all of whom are stockholders. Only last
Friday in the Rutland depot he mot Judge
CroSsott of Waterbury and abused him
I shamcfullN, calling him a traitor, liar
and scoundrel; damning him to stand
!. still. When he called the grand old man
a thief. Mr. Crossett said, DO you call me
thief Smith replied yes" lie said
this because the old man was one of US
who wanted an accounting and wanted
Smith to pay into the treasury moneys
due long ago. Your honor, having the six
accountants almost four weeks on the
, books we now have true copy and ind
. the gross receipts to be $50, 600 and about
$4,000 worth of property at the park not
sold We also find about $4,000 in Wills
and deeds which have never been credit ed
to the association at all. and he has as
executor not even filed his inventory with
the different Judges of probate of the diff
fcrtnt counties, Of which have here proof
in black and white, running from eight to
! sixteen years. AS tho investigation goes
on for our report of ChancerY and as many
witnesses are out of the State we would
ask the continuance until that finding is
complete. Meanwhile we will still con-
tinuo to breach the Doctors peace, which
is most assuredly right and consistent.
STATEMENT BY DIR. SMITH.
DR. Smith said to a Free Press man
that there is no trouble with the books
lie has never been collector or treasurer
but has had entire confidence in those W o
have held those offices The accounts have
been audited every year by "A committee Of
three.
The case Of the State vs.. Fred Dixon for
larceny of bicycle was brought UP. Dr.
Dixon pleaded not guilty hut later retract-
ed his plea and entered one Of guilty. The
case was continued for further investiga
ton by the States attorney
Court adjourned and .he jury was ex-
cused until Friday morning at O'Clock
The case of John H. Parker VS.. McKan-
non Bros. a Co, will be taken up Monday
THE BEAUTIES OF AUTUMN IN YER
MONT