The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-11-15

Charge was 'eiii"s ''f"e' <NP" -
1905 in Violation of Vermont Law
Information Charging Three 9th
er oRenses Held Over.
Fred G.. Gale was fined $1,000 and
,,r. for one first ofrense of selling
iuar hy Judge Seneca llaselton at
me- Wudham county court Saturday.
Their, were there other charges of
i5uor selling in an information
,@in,t Mr.. Gale but these were con
,inneI 10 be taken up if he should
,,,m transgress the law. Mr.. Gale
ms ready for trial Thursday but the
baayy rains made the roads impassa-
pe On Friday his lawyers tried to
,at the ease before the judge but
Sgaju were obliged to wait, Judge
Iia,crou saying that he would not
hear another case until the Fairbanks
ria was disposed of. When the case
was called on Saturday motion was
made 10y John Il. Gale, attorney for
be respondent, that the state be rep
resented by the states attorney, Civ
pr MS his reason that heretofore it
mi hren the custom and IA rule cs.
mbIished by Attorney General {. &.
Fits that liquor offenses should be
within the province of the states at.
omcv only. Mr.. Gale cited one or
two eases in which he said an appeal
b,d been made to Mr.. Fits to prose
rute violations of the liquor laws but
that he had refused saying that he
left such matters entirely within the
hands of the states attorney. To
tbis motion Judge Haselton said that
he did not feel that it was for him to
saw who should plead the cause of the
state,
F. G.. Gale then pleaded guilty to
ope first oifcnse. For the state Attor-
new General Fits said that he felt
the PEOPLE in Brattleboro demanded
that Mr. Gale be fined a substantial
amount. He said that his attention
had never been called to the fact that
Gale was violating the liquor law and
that he had never before been able TO
Get evidence with which to convict
Gale The town of BrattlebOro, he
said. had voted no license but by rea'
son Of the fact that Gale was selling
lQuor ON the island just across the
| Connecticut river conditions IN Brat
| tpboro had been practically the same
as they would have been under IL
canse vote. He further said that the
ends of the state had been served TO
fine extent that the Cheshire Express
| company had been enjoined from FUR
thcr delivering intoxicating liquor and
the premises where the express once
is located enjoined from further use
as place to sell liquor In view OF
| these facts, he continued, the state
was inclined to accept the plea OF
| guilty to one offense. Mr.. Fits recon-
menied in closing that fine OF $looo
il be imposed.
W. r. Daley in behalf of Mr.. Gale
/ first spoke of the strained relations
that had existed between the respond
ent and the attorney general and IN
timated that the attorney general,
having lived in Brattleboro and nav
| ING held his Office since 1904, must
have known the condition Of affairs
existing on the island, and must have
had knowledge of the fact that hquor
was being delivered in Brattleboro by
Gale $ agents. Mr.. Daley continued
by saying that this case was an atter.
matb of the libel suit that f. g. Gale
instituted against j. II. Albin OF con
cord N. H.. in which certain dlsclos'
ures were made in dispositions taken
hy Gen. Albin in Brattleboro wherein
evidence was gained that oaie
agents had delivered liquor on TINS
side of the river. He further arsueu
that one Graham of Bellows Fails
who pleaded guilty to sellihs
liquor under conditions similar "
those in the Gale ease had received
the minimum fine of $500 and costs
He also stated that Gale had been au'
viscd and that the former state al,
torncy had publicly stated that tnese
companies were acting within the law
In view of this last reason and IN con
sheraton of the fact that Mr.. uale
had voluntarily come within the Juris,
dction of the state and entered i"
plea of guilty he asked that the mini
mum fine of $500 be imposed. cr
Judge Haselton said that he f zen
disposed to impose the maximum me
in order to deter others from taking a
like course. Mr.. Gale then PAID ms
fine and was released. The fine ana
costs amounted to $1011.16.
The offense to which Gale PLEADED
guilty was in the indictment tounu pg
the grand jury and charged him WIN
selling April 4, 1905. An information
filed by States Attorney R. q. Bacon
charges Gale with furnishing Aprll |,
. md 9 1905. These charges are sus-