The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-11-29
GALE is NOW
A DEFENDANT
Sued by Gen. J. II. Albin for
Malicious Prosecution.
$4,000 DAMAGES WANTED
Papers Were Served Monday and Suit
Is Returnable at April Term Of Wind.
ham County Court Dispositions to be
Taken in Concord Dec. 4.

Another chapter in the now famous
Gale.Albin controversy was opened
Monday when Deputy Sheriff A. w. j,
wilkins of Brattleboro served on Fred
C. Gale of Hinsdale, n. H., a warrant
making him the defendant in suit
brought by Gen. John II. Albin of Con.
cord, n. H., ON the charge of malicious
prosecution. The suit is brought
through the law firm of Stiekney, Sar.
gent 4 Skcels of Ludlow and is return
able at the April term of Windham
county court. Gen. Albn alleges that
he has been damaged TO the amount OF
$4,000 and seeks to recover that sum
with costs. Gale furnished bail in the
amount of $4,000, his counsel, Robert c.
Bacon of Brattleboro, becoming surety.
At the same time Sheriff Wilkins serv-
ed on Gale citation requiring him to
appear at Gen. Albin 5 office in Con-
cord Wednesday, Dee. I, when several
depositions in the case will be taken.
Gale brought suit against Gen. Albin
for libel in the sum of 100000 alleging
that Gen. Albin in June 1905 wrote to
the New Hampshire license commits
sioners a letter stating that Gale s
place on the island was a gambling re-
sort and house of assignation. This
letter, Gale claimed, so influenced the
license commissioners that they re-
fused to grant him license and he
was thereby deprived of great profits
4 .ly,,. al fnH y l..
bin began taking depOsitions in this
suit in Brattleboro Aug. % of this year
and many local people were summoned
to testify with regard to what they
knew of Gale s saloon on the island.
Gen. AIbin was served Aug. 80 with
an injunction restraining him from
taking Gales deposition or from tax
ing further steps in the contempt of
court proceedings which had previously
been brought. This injunction was
made permanent a few days later as
the result of a hearing before Judge
Stone of Laconia, n. H., but the suit
came to an abrupt termination Sept. .
when Gale at Hinsdale asked that an
entry of nonsuit be made.
However, as a result of the testimony
brought out by the proceedings up to
that time the Cheshire county superior
court at Keene, n. H., dissolved the |
Cheshire Express company, with which |
Gale was connected, abated the com
pany headquarters on the island as a |
nuisance, enioined the owner of the
from allowing it to be used
further for liquor dealing purposes and
fined the corporation on the charge of |
keeping liquor with intent to sell $25 |
and costs amounting to 5000. Gale was
also fined $1,000 and costs at the last |
term of Windham county court for
furnishing liquor in Brattleboro and /
three other counts on the same charge |
are still hanging over him.
In the latest suit Gen. Albin sets |
forth that March 23, 1907, without rea.
sonable cause, Gale brought the libel
suit in question, attaching goods to the
amount of $4,000; that the suit was
brought viciously with the intention of |
harassing and ~defaming Gen. Albin S
good name that the suit injured Gen.
Albin in certain business transactions; |
and that the money expended time lost
and effort spent in preparing for the
defence damaged Gen. Albin to the
extent of $4,000.