The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-08-23
ATTACHMENT
AGAINST GALE
Attorney for Gen. Albin
Asked for One.
DIDN'T APPEAR TO-DAY
Interesting Feature That Arose Dur
ing the Taking Of Dispositions in
the Libel Suit Brought by Gale
Against Albin-Ellis's Testimony.

Against Albin-Ellis's Testimony.
Dispositions are being taken before
Justice A. +. Schwenk in the county
clerk 5 office in the libel suit of Fred
c. Gale against Gen. John ii. Albin
of Concord, n. II. The work was be-
gun yesterday morning. and it prob
ably will continue through tomorrow.
In this suit Gale seeks to recover dam
ages in the sum of $4,000 against
Gen. Albin because of letter which
he alleges Gen. Albin wrote the IL
cense commissioners of New Hamp-
shire June l, 1905. f. C. Gale &
Co. applied for licenses for their sa-
loon on the island opposite Brattle-
boro, in the town of Hinsdale, N.
H., April 30, 1905. Gale claims that
the firm was accused in Gen. Albin s
letter of running gambling house
and a house of assignation, that pre-
vious to the writing of the letter he
had a good reputation, that the letter
was written for the purpose of intiu'
eneing the commissioners to refuse the
application for licenses, that the letter
held the firm up to public scandal and
that by reason of it the licenses were
refused and the firm was thereby de-
prived of great profits and emolu-
ments. L. W. Smith of Wells River
and Gen. Albn S law partner, Will
liam II. Sawyer of Concord, are coun'
sci for Gen. Albin, and Gale is repre-
sented by d. T. Dudley of Concord.
Orlin H. Ellis was on the stand
practically all day yesterday. He was
interrogated by Mr.. Smith. He stat
ed that for several years previous to
a year ago last March he was associat-
ed with Gale in the saloon business
in Hinsdale. He described the build
ing commonly called the "brewery," g"
stating that on the second floor was a
room fitted up with a table, chairs
and lounge, and said that it was
used as a drinking room. He said
that gambling had been INDUCED in
there in which both he and Gale had
participated but said the gambling
was principally carried on down stairs
after the saloon had closed at 10
0 clock at night, The gambling, he
said, sometimes was carried on until
early morning and that drinks were
served to the players if they so de-
sired. When asked to give the names
of some who had gambled there Ellis
named half a dozen men. He also
named about the same number of wo-
men in response to request from
Mr.. Smith to give the names of wo-
h. IN
and served with drinks or met men
there or come with men while F. c.
Gale & Co. were running it.
When cross-examined by Mr.. Dud-
ley Mr.. Ellis said that formerly the
profits of the saloon were divided be-
tween him and Gale and a third per
son, but that about the time New
Hampshire first went license a part
nership agreement was drawn up be-
tween him and Gale and that at no
time thereafter was gambling per-
mitted on the premises. The point
which Mr.. Dudley aimed to bring out
here was that gambling was stopped
at the saloon long before the alleged
letter by Gen. Albin was written.
1t was about 4.30 clock when Mr..
Ellis was excused. The rest of the
afternoon and this forenoon was de-
voted largely to an inquiry into the
conduct of the business of the Ches-
hire Express company and the meth
DDS employed to obtain liquor from
that firm, whose headquarters are in
the building formerly used as saloon
and which now stands directly at the
east end of the Connecticut river
bridge joining Brattleboro and the
island.
At about 1890 'clock this morning
counsel for Gen. Albin announced that
they were ready to take Gales testi-
mony. Mr.. Dudley announced that he
had advised Gale not to appear, where
upon Mr.. Smith moved that Justice
Schwenk issue an attachment against
the body of Gale and said: elf Mr..
Dudley persists in this course we shall
ask that he be committed for con-
tempt Of court. I want to suggest
that this is rank contempt of this
court and of the jurisdiction of this
magistrate " Later Mr.. Smith moved
for Mr.. Dudley's committal for con-
tempt.
Mr.. Dudley said Mr.. Gale was set
up in the writ as resident of New
Hampshire and that he could not be
compelled to testify under the Yer
mont law. Justice Schwenk said he
should hold that as the subpoena was
properly served in Vermont Gale was
obliged to testify and that he should
issue writ against his body. Mr..
Dudley then said that Gale would be
ready to appear before any New
Hampshire magistrate and would come
to Vermont to be arrested as soon as
it could be arranged that he should
not have to lie in Jail pending an ap-
plication for writ of habeas corpus