Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1907-08-23
NO. 33.
$4,000 LIBEL CASE
Echoes from the Old Brewery"
Heard in the Court Room
Oepos'tlons 8eing Taken in Behalf OF
Gen. J. II. AIbn in Suit Rrouaht
Against Him by Fred c. Gale.


Dispositions in the libel suit brought bv
Fred c. Gale against Cen John II. Albin
| of Concord, n. H., are now being talren
| IN the county clerks office before Justice
| AR. Schwenk. A beginning was made
| Yesterday morning and testimony was
| Heard until nearly o'clock last night
when an Adjournment was taiten unti
this morning. 1t is expected that nearly
all DAY tomorrow will be consumed in
! taxing the depositonS. The case ia now
pending in the Cheshire (N H) court
Inc history of the case is briefly as fol-
lows. In April, 1905, F.. c. Gale & Co.
| apPhed for licenses to sell liuuor to the
state board of license commissioners of
NeW Hampshire. Mr. Gale alleges that
zen. Adm caused a letter to be written
10 the commissioners at that time object
ing 10 the granting of the licenses and
stating that +. g. Gale & Co were r1r
hlhg gambling house and a house of as
slgnatlon, and that he had heretofore held
good reputation among his neigbbors
ana tnat by reason of the letter he was
held up to public scandal, his reputation
damaged and the commissioners were in
u@uced @ 10 refuse to grant the licenses de-
prlNlng MIN Of much gain. He seeks dam
ages TO the amount of S2O,0
Inc trend of the depositions taken ves-
teIuay was to show whether or not Gen
AIbln alleged statement was true n
u rms, Mr.. Gales former partner was
=.
by h. w. Smith Of Wells River. Mr. EIIis
testlhed that he was associated with Mr.
Gale Tor about 10 years in the buiIdine
known as the brewery on the island ne
testlhed that a room upstairs in this
building was equipped with a table. cbsirs
and couch and that it was used for card
paying and drinking the drinks being
served TO players when they called for
them He said that both he and Mr.. Gale
participated in the gambling and at the
request OF Mr.. Smith he named several
men and women who had visited tbis
room TO play cards and drink Ho ia
mat saturday night was the favorite time
10 visit this room and that sometimes
the playing was continued until rnorniner
aIthough there was no card playing dur
ing s the Gay sunday On cross examina-
loh by D. f. Dudley of Concord. attorney
Tor Mr., Gale, he said that up TO the tiroe
tlat New Hampshire first went license
thefe were three persons Interested in
tne business but about that time he and
Mr' Gale formed a partnership. Before
Ia. 10 saIlollng mad been going on at the
mouse but after that no gambling was al
lowered. He was on the stand untiI ahor.
4 o'clock '-' "OouI
oscar j. Dion was next put on the stand
ana examined by William H. SAWYER The
I'd" partner Of Gen. Albin He testified as
70 ms knowledge of gambling at the
house. His examination was contjnnaS
ms morning Part Of Mr. Dien's testi-
Inohy was in regard to the methods en-
ployed at present in the delivery Of LIQUOR
through the Cheshire Express company
Ihe examination of Mr. Dion cIossd
ABOUT 1880 O'Clock. Mr.. Gale was next
called, but up to Ills he had not an
pedred' He was iii the court room--yvs- --
'eiudy Out was not called upon to testify.
Later-Writ Issued for Gale.
Mr.. Dudley said that he had advised Mr.
Gale not TO appear as he was not a resi-
ueht OF this state. Mr.. Smith moved that
writ OF attachment against Gales body
De issued and that Mr. Dudley. as his
counsel be committed for contempt Of
court He said II want to suggest to
me ie court that this is rank contempt of
this court and of the jurisdiction of this
magistrate" '''''
Mr., Schwenk said that he should hold
that the subpoena was properly served
and that he would issue writ OF attach
ment against his body. The writ was
sent out but as Mr.. Gale was in New
Hampshire it could not be served.