Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1907-09-06
GALE ENTERS N0NSUIT
And So Throws Up His Libel Suit
Against Gen. Albin
The Proceedings Come to a Sudden End
at Hlnsdale Yesterday MornIne-a
Chapter Of interesting Developments
During the Past Week-What Mr.. Gale
Seems TO Have Accomplished.

Chapter Of Interesting Developments
During the Past Week-What Mr.. Gale
Seems TO Have Accomplished.
The essential part Of this weeks news
about the libel suit Of Fred c. Gale
against John II. Albin can be told in one
sentence: Mr.. Gale threw up the sponge
by Withdrawing his suit at Hinsdale
Thursday morning The details of the
story make rather interesting reading
Our account Of the proceedings in the
taking of dispositions in this suit closed
last week with the adjournment to Sept Q
which was taken at noon on Friday. In
that account the statement was made
that Judge Stone of New Hampshire had
granted an injunction restraining Mr..
Albn and his attorneys from proceeding
further to take the deposition of Fred c.
Gale in Vermont; also that hearing be-
fore Judge Stone for the dissolution of
this injunction would be held before
Judge Stone at Laconia n. H., last Satur-
day morning This hearing was held ac-
cording to appointment Mr.. Gales at
torneys based their petition for the in
junction on the claim that he was nom
resident of Vermont who was in Vermont
for the purpose of attending court and
vice of process until he had had oppor-
tunity to leave the state. On this point
Judge Stone was informed by Mr.. Albins s
counsel, VIM H. Sawyer Of Concord, that
notice was given Mr. Gale on Wednesday,
Aug q, that his deposition would be
called for and that service was not made
on him by the Vermont sheriff until he
had been to his home in New Hampshire
and eaten his supper and returned to
Vermont in his automobile.
Counsel for Mr.. Albin further made the
claim that the courts of New Hampshire
had no Jurisdiction to restrain one OF it's
citizens from exercising rights in an
other state which the laws of that state
gave him. or from performing the obliga-
tons required of him. and that while in
that state he was subject alike to the
benefits and the penalties of its laws.
on this point Judge Stone asked the de-
fendant's counsel to cite authorities, and
meantime he held his final decision in
allegiance.
Mr., Gales counsel stated to Judge Stone
that he did not want to give mis- deposit
ton in Vermont because he was afraid he
would be prosecuted for perjury If he did
so, but that he was ready TO testify in
New Hampshire at any time.
On Saturday Mr.. Alhin's counsel served
notice on Mr.. Gale OF the taking of
dispositions in this suit in the selectmen's
Q o'clock a. m. before Judge John E.
Allen of Keene as magistrate. The wit
nesses summoned to appear at that time
were Fred c. Gale, VIM. ]. Curran of
Hinsdale, with his books of account, or
ders, etc. and Miss Johanna Shea, clerk
in the Office Of the Cheshire Express COM
pany on the island. with the books of ac-
count, papers and records of the company,
and samples of the blanks used in order
ing and forwarding liquors.
Before the taking of depostions began
David +. Dudley of Concord, counsel for
Mr.. Gale, asked Mr. Sawyer If Mr.. Albin
would consent to make a statement to the
effect that he had been misinformed as
to Gale" provided this would end the
suit Mr.. Sawyer answered that he would
not; that Mr.. Albn would make no con-
cession wha tever, that Mr. Gale had made
his bed and could lie In 1t; that Mr.. Albin
would ask no faVors and would grant
none" Thereupon Mr. Gale and his coun-
sci, Mr.. Dudley and Mr.. Daley, withdrew
for conference. After Mr.. Curran had
been called TO the witness chair and as
Judge Allen was about to swear him.
Mr.. Dudley appeared and made this state
ment, and had it embodied in the caption:
"The plaintiff at this time gives no.
tice that he elects to take a nonsuit
in this case, and objects to the taking
of any more dispositions"
Judge Allen thereupon certified on the
caption as follows:
THE foregoing notice by the plain
tin having been given, the defendant,
by his counsel. then discharged the
witness from further appearance be-
fore me. John L. Allen, Justice of the
Peace"
This ends the proceedings in the case.
and the adjourned session, set for next
Monday. to take further dispositions in
Brattleboro, will not be held.
Under this nonsuit Mr.. Gale is liable to
Mr.. Albn for all his costs in the case.
On account of the necessary absence Of
Il. W. Smith of Wells River, as counsel
for Mr.. Albin, John G. Sargent of Ludlow
was to have appeared at Hinsdale to as
sist Mr.. Sawyer in taking the dispositions,
Mr. Sargent came down from Ludlow
Thursday morning for this purpose, but
news of the nonsut came before he had
left Brattleboro to go to Hinsdale.
The three warrants for the arrest of Mr.
Gale for the illegal sale of liquor in Yer
mont are still in the hands of the officers
and Mr. Gale still remains outside the
state of Vermont.
The net result of the case to date, for Mr.
Gale appears TO be that by bringing this
suit he has caused a lot of disclosures to
be made about his business on the island
that could not have been brought to light
in any other way; that he has shown that
he does not care to face the music on the
witness stand on either side of the river
and that he has made himself liable to ar
rest on three counts for the illegal sale Of
liquor in Vermont.