Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1907-08-30

ana Iuo9e Stohe OF New Hampshire
Grants One.
Because of the wide local interest
which attaches to the libel suit of Fred
G. Gale against General John II. Albin,
We recall briefly the history of the case
as given last week, with a summary of
the testimony taken up to the time of
adjournment OF the hearing last Satur-
day.
Primarily this suit grows out Of the op-
position made by citizens OF Brattleboro
in 1905 to the granting of a license to r.
G. Gale d Co. to sell liquor on the island.
The directors Of the Vermont Valley
railroad company joined in this oppo-
sition, and it is understood that they
entered protest with the state license
! commissioners of New Hampshire
against the granting of the license.
John. ii. Albin, the defendant in the
case, is "A prominent lawyer of Concord,
n II. He is the president of the Sulli-
van County railroad company, and a di-
rector of the Vermont Valley railroad
company.
Mr.. Gales declaration sets forth that
on the 30tn day of April, 1905, he and
his partner, Orln II. Ellis, applied to the
state board Of license commissioners of
New Hampshire for a license to sell lq-
uors on the island, and that on June /,
1909, while this application was pending
Mr. Albin addressed a letter to the IL
! censc commissioners in which the false
and malicious accusation was made that
the license ought not to be granted be-
! cause they,-meaninE Gale and Ellis
| run a disorderly house and a house Of
gambling and assgnation." Because Of
this letter the declaration alleges that
! the plaintiff Gale, who is "a good, true
| honest, just. and faithful nan' was
! gricvousy injured in reputation and was
deprived Of his license and of the gains,
| support, profits, sustenance, and bene-
| fits that would have accrued therefrom.
The suit, which Is for $50. 600 damages
was entered and an attachment placed
| on General Albin's property en- the 23d
day of last March. 1t is returnable at
! the october term of the superior court
Of New Hampshire at Keene. The dep
ositions are taken before Judge a. F.
SChwcnk as justice Of the peace.
The witnesses examined last week
were Orlin II. Ellis, Oscar J. Dion. John
| +. Gale T. J. Fenton, and r. c. Bacon
| Mr. Ellis testified to his connection with
! the old brewery business Of Fred c.
Gale & Co, and TO the fact that gamb-
| ling used to he carried on there. Dion
testified to his knowledge of gamb-
| ling at the place as well as of sales
of liquor, but said that the gambling was
more than two years ago. The gambling
was mainly confined TO a few men who
| gathered there for this purpose. Leon
| T. W IllneN leStlneu 10 hnOWleQEe OF
gambling on the island premises within
the past two years. The witnesses
agreed that the more common time for
gambling was Saturday nights, the ses-
siOns sometimes continuing into the early
hours Of Sunday morning.
J. +. Gale was called to testify in re-
gard to his part in framing Fred c.
! Gales declaration. He said that he had
drawn or suggested the clause which
| charges that Mr.. Albin wrote a letter to
| the New Hampshire license commission
| ers, accusing Gale & Co. of running "a
disorderly house and a house of gamb-
| ling and assignation." Mr. Gale said he
did not see the letter in which this ac-
cusation was made, or what purported
| to be a copy of such a letter, and that
his information was gained from the
plaintiff, Fred c. Gale.
Robert c. Bacon was called TO testify
in regard to the deposition taken by him
from Frank Leonard, a former bar tender
| for Gale & Co. in which certain allega-
| tons are made bearing upon the breach
| Of promise suit of Katharine Dunevy
against + J. Fenton. .dr. Bacon said
| that the information which led him to
| procure this deposition was obtained
| from Fred c. Gale, though there had
been "other rumors floating about"
r. j. Fcnton was called to give his depo-
| sition Friday afternoon. He then stated
in substance that he mad bought beer at
| different times of Gale & Co. 1t was or
! dered by telephone and delivered at his
! house. lie thought there had been no pur-
| chases within the last two years. Satur-
day morning Mr.. Fenton was recalled and
! questioned further by Mr.. Smith, who
| produced three or four receipts from
! Gale & Co, for goods bought. One of
! these receipts was dated as late as jan
uary. 1907, showing purchases made dur
| ing the year 1906 Mr.. Fenton said these
receipts must have been taken from his
| desk by some person unknown to him.
| He mad also missed certain letters and
photographs. He had a running account
| with Gale and settlements were made
with Gale by Fentonlin his store in Brat
| teboro.
Fred c. Gale was present during the
! proceedings on Thursday and took part
| personally in the cross examination of
! o. II. Ellis. A subpoena had been issued
! for Gales appearance as a witness, but
when ne was called for, following the
! testimony Of Dion he did not appear.
! This was held to be contempt of court
and Justice Schwenk ordered a capias or
body writ issued to be served upon him
should he appear in Vermont.
Dion and Whitney were questioned es-
| pecially about the method of operation
of the Cheshire express" They testi-
fed that to secure goods through the
agency of the express It was necessary
to go to tho office of the company on the
| island and fill out a blank directed to
Curran Of Hinsdale. a supply of such
blanks being kept on the counter of the
company, After the blanks were filed
out they were handed to the clerk in
charge and later the applicant would go
to the Office and get what he had or
dered. DiOns testimony showed that IT
was mis- custom to order three quarts at
one time and as he wanted it to go from
time to time and get quart and pay for
it when he got it, and when he got the
last quart and paid for it he would put
| in an order for as much more as he
wanted. None of the witnesses had ever
known of this express company carrying
anything but intoxicating liquors.
After the development in regard to
the papers taken from Mr.. Fenton's desk,
States Attorney Bacon issued a sub
poena summoning the defendants at
torneys to appear before the grand jury
! at Newfane September 10. He also is
sued a subpoena for the appearance OF
| Mr.. SchWenk as magistrate bringing
with him these receipts.
Mr.. Bacon has issued three warrants
for the arrest of Fred c. Gale for illegal
sale of liquor in Vermont, based on the
disclosures made in this testimony.
THIS WEEKS DISPOSITIONS.
The taking of the dispositions was ad-