Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-02-02

he promptly, fully and faithfully prose-
cuted the same, and said Richards never
received the slightest favor or protection
at the hands of the respondent directly
or indirectly In any way or manner.
That the amount represented by saIJ
check was subsequently paid in full by
the respondent, part In cash to said
Richards, and partly to a creditor Of
Richards by his order, and thereupon.
upon such payment said Richards in
stead of returning said check to the re-
spondent to whom il then rightfulIv he
longed, turned the same over to one
Fred G. Gale, who is one of the atlantis
In this case, who procured Il, as this re-
spondent believes, for the purpose of en-
abling said Gale by such means TO at
tempt to intimidate this respondent and
to prevent him from taking measures in
the prosecution of said Gale for unlaw-
ful liquor selling, he, this respondent
then being employed by a law and order
league In Brattleboro to assist I'm prose-
cutting saloon and gambling place on
the island in the Connecticut river oppo-
site Brattleboro of which saloon and
gambling place said Gale was one of the
proprietors that said Gale brought suit
upon said check in his own name against
this respondent, which suit was tried
before justice of the peace, F. G. Tay-
lor. and jury at Brattleboro on August
p, 1898; that this respondent. the defend
check had been paid. The parties were
heard with counsel and produced evil
dence. The jury found by its verdict that
the check had been paid and returned a
verdict In favor of the defendant and
thereupon no appeal was taken by said
Gale, and execution issued against him in
favor OF this respondent for costs which
he paid, all as appears of record. And
this respondent claims that as far as the
payment OF said check is concerned, as
well as the consideration for Richards's
payment of said bill were all settled and
determined by said judgment.
2. Collection Against s. A. Smith q Co.
This respondent further answering says
that sometime in 1898 there was placed in
his hands for collection a bill against
s. A. Smith e. Co. of Brattleboro in IA
vor of Glenn Bailey and others of North
Carolina; that It was debt of which
said Smith & Co. owed and refused TO
pay Thereupon the respondent brought
suit against them and employed to assist
him therein Judge l.. NJ. Read of Bel
lows Falls. Said suit was tried at the
September term, 1898, in Windham county
court and judgment rendered for plaintiffs
to recover full amount; thereupon de-
PENDANTS noted exceptions to the supreme
court but, not perfecting the same, the
plaintiffs became entitled to execution
and thereupon this respondent demanded
payment for the judgment and received
the same on December a. 1893; that he
deposited the same to his general hank
account, communicated with Judge Read
to get his charges and proceeded to get
other items of cost; that this respondent
was then engaged in business Of quarry
ing and manufacturing as hereinafter
fully set forth, and was on large amounts
OF paper and obligations on account there
Of; that there was charged up to his ac-..
count after said deposit certain of such
aNa-.u
in the bank to a sum below the balance
due his clients; that after settling with
Judge Read and the items OF cost, the
respondent remitted all that he had, all
according to the letter of April 2, 1894 as
appears in the complaint, and there
afterwards as soon as 1t was possible for
him to get the money, to-wit, on June q,
1894, he remitted to the plaintiffs all the
balance due them with interest on the
whole amount from the time 1t came into
his hands, all Of which was during that
same year well known to said Smith and
Hunt. This respondent denies that in
the premises he ever undertook to wrong
and defraud the said plaintiffs in any way
whatever, but upon the complication aris-
ing as aforesaid. sought to make full pay
ment and restitution, including interest
at the earliest moment he could. which
he did.
Relative to both the foregoing matters
of complaint this respondent has this to
answer in general: That before he be-
came of age, to-wit. when he was IS
years old, he became involved in the
business of Quarrying and manufactur-
ing in which he suffered very large loss;
that when he became of age he assumed
the obligations previously incurred and
thereafterwards for period of seven or
eight years was in Strengthened circum-
stances financially and was in heavy debt
to the banks in Brattleboro and others,
sometimes going to protest; that he
sought to and did pay of his obligations
in full, earning the money therefor in the
practice of law and paying as rapidly as
he could; that he paid his obligations in
full without loss of dollar TO any man
and without wronging any client in any
way, and that for the last six years he
has had unencumbered attachable prop
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