Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-12-20
BREWERY ENJ0INED
Suits Brought This Week Which
Aggregate $4,000.

G. Ellis, Who Was Shot Aecidently
Oct g.
The drop" at the brewery on the
island. for which the Brattleboro pub
lie has waited long, came Wednesday
in the shape of an injunction order,
and at no time in its disgraceful his
tory has that place been so effectively
closed as now. For a week previous
to the serving of the injunction there
had been a rumor that the joint was
to be closed by order of court, so that
the development was not unexpected,
at least to those who have watched the
progress of the effort to abate the
brewery business. The injunction
was issued by Judge Young of Exeter,
n. H.. Judge of the superior court of
Cheshire county, on petition of County
Solicitor Blake of Keene. Sheriff
futile of Keene served the papers
Wednesday forenoon on ]. Albert
Taylor. owner of the island property,
Fred c. Gale and Orlin H. Ellis. (the
alleged proprietary, Harrie G. Pratt
and Frank Faneuf, enjoining them,
their agents and servants, from using
any part of the premises north of the
highway for the sale of malt or spirit
uous liquor until the close of the next
April term of the superior court by
which time the injunction will have
been either dissolved or made per
manent. There is no appeal from the
| order except to petition Judge Young
| to dissolve it, the authority to do so
resting entirely with him. And in
the event of a petition being made, it
would be necessary for the persons
enjoined to show why the injunction
| should be dissolved, or in other words
to satisfy the judge that the place was
| not being used for the sale of liquor.
In case the injunction is violated the
persons guilty of such violation, II
| proved against them. will not be able
to escape with a fine but will be i'm
| prisoned for contempt of court, the
length of Imprisonment to be discre
| tionary with Judge Young The in
| junction was issued under what is
known as the New Hampshire
nuisance act. which provides that:
ANY building. place or tenement
that is used for the illegal
| sale or keeping for sale Of spirituous
or malt liquors, wine or cider. is de
clared to be a common nuisance" In
!
judges of the superior court tcorre
spending to the judges OF our Vermont
county courts) authority to issue {
temporary injunction upon informa
tion duly filed, and putting the burden
of proof upon the respondent to ap
pear at the next term of the superior
court and show cause why the tenn
porary injunction should not be made
permanent.
The active men in the movement
were citizens of Brattleboro, backed
and sustained by "a Hinsdale citizens
who believed ii was time the brewer,
was closed.
Suits for $4,000.
The sensational part of the day.
proceedings came about 5 O'Clock il
the afternoon, when Mrs. Lucy w
Ellis OF South Main street, widow o
Stephen G. Ellis, the former well
known barber. and her two daughters
celia NJ. Ellis and Della B. Ellis
brought three suits. aggregatinl
10000. against Orlin II. Ellis, Free
c. Gale and j. Albert Taylor, imputinl
to them the responsibility for tn
death of Mr.. Ellis. Each of tn
three plaintiffs brought separately
suit for $4,000 against the three dc
PENDANTS jointly The writs had bee
drawn up several days in anticipation
of the injunction order, and immed
ately when it became known that tn
injunction had been served the writ
were placed by the plaintiffs counsel
Clarke c. Fits, Waterman & Marti
and E. w. Gibson, in the hands O
Deputy Sheriffs F. w. Mcclure an
f. S. Hall, who placed the defendant
under arrest. The suits are return
able at the March term of the WIND
ham county court.
The facts of the death of Mr.. Eli
are still fresh in the public mind. o
Oct 9 he and Hiram F. Livingsto
started on a hunting trip, going frs
into New Hampshire and then throug
Hinsdale to Mortified. Mass Whe
they reached Mortified both were i
a state of intoXication. and when OF
posite the d. L. Moody place a she
gun which was between them in tn
front of the carriage was discharged
The charge entered Ellis's head, an
his chin and the entire right side c
his face were blown away. Ellis wa
brought TO Brattleboro as soon as pos
sible, but he died without regainin
consciousness. The plaintiffs alleg
: that the men obtained at the brewer
the liquor with which Ellis became il
toXicated, and they bring action unde
section 80, chapter 112, of the Publ
Statutes of New Hampshire, whic
reads as follows:
Whenever any person in a state OF il
toxication shall commit an injury to III
. person or property of another the pei
son who, by himself. his clerk, or sci
want, shall have unlawfully sold or ful
nished any part of the liquor causin
the intoxication shall be liable TO II
party injured for all damage so occs
stoned, TO be recovered in an action O
the case, and the person committing n
injury may be Joined in the same actor
In case of the death or disability of an
person, either from the INJURY receive
as herein specified, or in consequence
intoxication from the use of liquor III
J lawfully furnished, any person who sha
be in any manner dependent on such II
, jured person for means of support, or c
whom such injured person may be d,
, pendent, may recover from the perso
unlawfully selling or furnishing sue
F. | liquor, all damage or loss sustained
consequence of the injury to be recover
ed in an action on the case. Any ma
? ried woman may bring such action in h,
! own name, and recover such damages
her own use"
The defendants made an effort We
, nesday night and yesterday to obtai
: bail, but were only partially success
I | ful There bQing three defendants